CHAPTER 1

GENERAL PROVISIONS

Sec. 1-1. HOW CODE DESIGNATED AND CITED.

The ordinances embraced in the following chapters and sections shall constitute and be designated the “Code of Ordinances, Village of New Millford, Illinois,” and may be so cited.

Sec. 1-2. RULES OF CONSTRUCTION AND DEFINITIONS.

In the construction of this Code, and of all ordinances, the rules and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the board of trustees. The rules of construction and definitions set out herein shall not be applied to any section of this Code which shall contain any express provision excluding such construction, or where the subject matter of the context of such section may be repugnant thereto.

GENERALLY. All general provision, terms, phrases and expressions contained in this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

BOARD, BOARD OF TRUSTEES, VILLAGE BOARD.  Whenever the term

“board,” “board of trustees” or “village board” is used, it shall be construed to mean the board of trustees for the Village of New Millford.

COMPUTATION OF TIME. Whenever a notice is required to be given or any act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceeding is to be held shall not be counted. Where the day on which an act is to be done or a proceeding held falls on a Sunday or a legal holiday, said act shall be done or proceeding held on the next regular business day. Time shall mean Central Standard Time, except when the State of Illinois is on Daylight Saving Time and then it shall mean Central Daylight Saving Time.

CORPORATE OR VILLAGE LIMITS. The term “corporate limits” or “village limits” shall mean the legal boundaries of the Village of New Millford.

COUNTY. The words “the county” or “this county” shall mean the County of Winnebago in the State of Illinois.

DELEGATION OF AUTHORITY. Whenever a provision appears requiring the head of a department or some other village officer to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate or authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.

GENDER. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

JOINT AUTHORITY. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

MONTH. The word “month” shall mean a calendar month.

NONTECHNICAL AND TECHNICAL WORDS. Words and phrases shall be construed according to common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

NUMBER. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.

OATH. The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and affirmed”.

OFFICERS GENERALLY. Whenever any officer is referred to by title, such as “village clerk,” “chief of police,” “president,” etc., such reference shall be construed as if followed by the words “of the Village of New Millford.”

OWNER. The word “owner”, applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.

PERSON. The word “person” shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.

PERSONAL PROPERTY. Includes every species of property except real property, as herein described.

PRECEDING, FOLLOWING.  The words “preceding” and “following” mean next before and next after, respectively.

PROPERTY. The words “property” shall include real and personal property.

REAL PROPERTY shall include lands, tenements and hereditaments.

SHALL. The word “shall” is mandatory.

SIDEWALK. The word “sidewalk” shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.

SIGNATURE OR SUBSCRIPTION includes a mark when the persona cannot write.

STATE. The words “the state” or “this state” shall be construed to mean the State of Illinois.

STREET. The word “street” shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways in the village and shall include all areas thereof embraced between the property lines and dedicated to the public use.

TENANT OR OCCUPANT. The word “tenant” or “occupant” applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such building or land, either alone or with others.

TENSE. Words used in the past or present tense include the future as well as the past and present.

VILLAGE shall mean the Village of New Millford, Illinois.

WHOLESALE, WHOLESALER, ETC. In all cases where the term “wholesale”, “wholesaler” or “wholesale dealer” is used in this Code, unless otherwise specifically defined, it shall be understood and held to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for purposes of resale, as distinguished from a retail dealer who sells in smaller quantities direct to the consumer.

WRITTEN OR IN WRITING shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

YEAR. The word “year” shall mean a calendar year.

Sec. 1-3. CATCHLINES OF SECTIONS.

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

Sec. 1-4. AMENDMENTS TO CODE.

All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion herein, or in the case of repealed chapter, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as this Code of Ordinances and subsequent ordinances numbered or omitted are readopted as a new code of ordinances by the board of trustees.

Sec. 1-5. UNAUTHORIZED ALTERATION OR TAMPERING WITH CODE.

It shall be unlawful for any person in the village to change or amend, by additions or deletions, any part or potions of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Village to be misrepresented thereby.

Sec. 1-6. EFFECT OF REPEAL OF ORDINANCES.

When any ordinance, repealing a former ordinance, clause or provision shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision unless it shall be therein so expressly provided.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took affect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under the ordinance repealed.

Sec. 1-7. SEVERABILITY OF PARTS OF CODE.

The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

Sec. 1-8. GENERAL PENALTY FOR VIOLATION OF CODE: CONTINUING VIOLATIONS.

Whenever in this Code or in any ordinance or when any act is prohibited or is made or declared to be unlawful or a misdemeanor or a violations of this Code, or whenever in such Code of Ordinance the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor or a violation therefore, the violation of any such provision of this Code or any ordinance shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Seven Hundred Fifty Dollars ($750.00). Each day any violation of any provision of the Code of Ordinances or any other ordinance in effect shall constitute a separate offense.

CHAPTER 2 ADMINISTRATION

ARTICLE I. IN GENERAL

Sec. 2-1. SEAL ADOPTED.

The corporate seal of the Village shall be circular in shape with the words “Village of New Millford” on the outer rim and in the center thereof.

Sec. 2-2. FISCAL YEAR.

The fiscal year of the Village shall begin on the first day of June of each year and end on the last day of May of the following year.

Sec. 2-3. ELECTION PROCEDURE; TIME.

Elections for municipal officers will be held in accordance with and at the times prescribed by state law.

Sec. 2-4. Each Officer, i.e. the President or a member of the board of trustees, shall have two (2) excused meetings per fiscal year.

Sec. 2-5. through Sec. 2-15. RESERVED.

ARTICLE II. OFFICERS AND EMPLOYEES GENERALLY

Sec. 2-16. POLICY PROHIBITING SEXUAL HARASSMENT

1. PROHIBITION ON SEXUAL HARASSMENT

It is unlawful to harass a person because of that person’s sex. The courts have determined that sexual harassment is a form of discrimination under Title VII of the U.S. Civil Rights Act of 1964, as amended in 1991. All persons have a right to work in an environment free from sexual harassment. Sexual harassment is unacceptable misconduct which affects individuals of all genders and sexual orientations. It is a policy of Village of New Milford, Illinois to prohibit harassment of any person by any municipal official, municipal agent, municipal employee or municipal agency or office on the basis of sex or gender. All municipal officials, municipal agents, municipal employees and municipal agencies or offices are prohibited from sexually harassing any person, regardless of any employment relationship or lack thereof.

2. DEFINITION OF SEXUAL HARASSMENT

This policy adopts the definition of sexual harassment as stated in the Illinois Human Rights Act, which currently defines sexual harassment as:

Any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or
3. Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Conduct which may constitute sexual harassment includes:

• Verbal: sexual innuendos, suggestive comments, insults, humor, and jokes about sex, anatomy or gender-specific traits, sexual propositions, threats, repeated requests for dates, or statements about other employees, even outside of their presence, of a sexual nature.
• Non-verbal: suggestive or insulting sounds (whistling), leering, obscene gestures, sexually suggestive bodily gestures, “catcalls”, “smacking” or “kissing” noises.
• Visual: posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic material or websites.
• Physical: touching, unwelcome hugging or kissing, pinching, brushing the body, any coerced sexual act or actual assault.
• Textual/Electronic: “sexting” (electronically sending messages with sexual content, including pictures and video), the use of sexually explicit language, harassment, cyber stalking and threats via all forms of electronic communication (e-mail, text/picture/video messages, intranet/on-line postings, blogs, instant messages and social network websites like Facebook and Twitter).

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 courts will assess sexual harassment by a standard of what would offend a “reasonable

person.”

Ill. PROCEDURE FOR REPORTING AN ALLEGATION OF SEXUAL HARASSMENT

An employee who either observes sexual harassment 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 the offending employee, and her/his immediate supervisor. It is not necessary for sexual harassment to be directed at the person making the report.

Any employee may report conduct which is believed to be sexual harassment, including the following:

• Electronic/Direct Communication. If there is sexual 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.

• 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 immediate supervisor of the person making the report, a department head, a director of human resources, an ethics officer, the city manager or administrator, or the chief executive officer of the municipality.

The employee experiencing what he or she believes to be sexual harassment must not assume that the employer is aware of the conduct. If there are no witnesses and the victim fails to notify a supervisor or other responsible officer, the municipality will not be presumed to have knowledge of the harassment.

• Resolution Outside Municipality. The purpose of this policy is to establish prompt, thorough and effective procedures for responding to every report and incident so that problems can be identified and remedied by the municipality. However, all municipal employees have the right to contact the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) for information regarding filing a formal complaint with those entities. An IDHR complaint must be filed within 180 days of the alleged incident(s) unless it is a continuing offense. A complaint with the EEOC must be filed within

300 days.

Documentation of any incident may be submitted with any report (what was said or done, the date, the time and the place), including, but not limited to, written records such as letters, notes, memos and telephone messages.

All allegations, including anonymous reports, will be accepted and investigated regardless of how the matter comes to the attention of the municipality. However, because of the serious implications of sexual harassment charges and the difficulties associated with their investigation and the questions of credibility involved, the claimant’s willing cooperation is a vital component of an effective inquiry and an appropriate outcome.

4. PROHIBITION ON RETALIATION FOR REPORTING SEXUAL HARASSMENT ALLEGATIONS

No municipal official, municipal agency, municipal employee or municipal agency or office shall take any retaliatory action against any municipal employee due to a municipal employee’s:

1. Disclosure or threatened disclosure of any violation of this policy,
2. The provision of information related to or testimony before any public body conducting an investigation, hearing or inquiry into any violation of this policy, or
3. Assistance or participation in a proceeding to enforce the provisions of this policy.

For the purposes of this policy, retaliatory action means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms or conditions of employment of any municipal employee that is taken in retaliation for a municipal employee’s involvement in protected activity pursuant to this policy.

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

Similar to the prohibition against retaliation contained herein, the State Officials and Employees Ethics Act (5 ILCS 430/15-10) provides whistleblower protection from retaliatory action such as reprimand, discharge, suspension, demotion, or denial of promotion or transfer that occurs in retaliation for an

employee who does any of the following:

1. Discloses or threatens to disclose to a supervisor or to a public body an activity, policy, or practice of any officer, member, State agency, or other State employee that the State employee reasonably believes is in violation of a law, rule, or regulation,
2. Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by any officer, member, State agency or other State employee, or
3. Assists or participates in a proceeding to enforce the provisions of the State Officials and Employees Ethics Act.

Pursuant to the Whistleblower Act (740 ILCS 174/15(a)), an employer may not retaliate against an employee who discloses information in a court, an administrative hearing, or before a legislative commission or committee, or in any other proceeding, where the employee has reasonable cause to believe that the information discloses a violation of a State or federal law, rule, or regulation. In addition, an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of a State or federal law, rule, or regulation. (740 ILCS 174/15(b)).

According to the Illinois Human Rights Act (775 ILCS 5/6- 101), it is a civil rights violation for a person, or for two or more people to conspire, to retaliate against a person because he/she has opposed that which he/she reasonably and in good faith believes to be sexual harassment in employment, because he/she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under the Illinois Human Rights Act.

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

5. CONSEQUENCES OF A VIOLATION OF THE PROHIBITION ON SEXUAL HARASSMENT

In addition to any and all other discipline that may be applicable pursuant to municipal policies, employment agreements,

procedures, employee handbooks and/or collective bargaining agreement, any person who violates this policy or the Prohibition on Sexual Harassment contained in 5 ILCS 430/5-65, may be subject to a fine of up to $5,000 per offense, applicable discipline or discharge by the municipality and any applicable fines and penalties established pursuant to local ordinance, State law or Federal law. Each violation may constitute a separate offense. Any discipline imposed by the municipality shall be separate and distinct from any penalty imposed by an ethics commission and any fines or penalties imposed by a court of law or a State or Federal agency.

6. CONSEQUENCES FOR KNOWINGLY MAKING A FALSE REPORT

A false report is a report of sexual harassment made by an accuser using the sexual harassment report to accomplish some end other than stopping sexual harassment or retaliation for reporting sexual harassment. A false report is not a report made in good faith which cannot be proven. Given the seriousness of the consequences for the accused, a false or frivolous report is a severe offense that can itself result in disciplinary action. Any person who intentionally makes a false report alleging a violation of any provision of this policy shall be subject to discipline or discharge pursuant to applicable municipal policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreements.

In addition, any person who intentionally makes a false report alleging a violation of any provision of the State Officials and Employees Ethics Act to an ethics commission, an inspector general, the State Police, a State’s Attorney, the Attorney General, or any other law enforcement official is guilty of a Class A misdemeanor. An ethics commission may levy an administrative fine of up to

$5,000 against any person who intentionally makes a false, frivolous or bad faith allegation.

(Ordinance No. 2018-1)

Sec. 2-17 through 2-40. RESERVED.

ARTICLE III. PRESIDENT AND BOARD OF TRUSTEES

DIVISION 1. GENERALLY Sec. 2-41. PRESIDENT – COMPENSATION.

The salary of the President of the Board of Trustees for the Village of New Milford, Illinois, shall be $290.00 for each

official Board Meeting attended by the President commencing in May of 2021. (Ordinance No. 2019-2)

Sec. 2-42. PRESIDENT – EXPENSE REIMBURSEMENT.

The Board of Trustees, for the Village of New Millford, Illinois, does hereby authorize the payment of One Hundred Fifty Dollars ($150.00) per month to the Village President, as reimbursement, and not compensation, for actual expenses incurred by the Village President in representing the Village.

Sec. 2-43. through 2-51. RESERVED.

DIVISION 2. BOARD OF TRUSTEES Sec. 2-52. TRUSTEE – COMPENSATION.

The salary of the Trustees for the Village of New Milford, Illinois, shall be $200.00 for each official Board Meeting attended by the Trustee commencing in May of 2021. (Ordinance No. 2019-3)

Sec. 2-53.        COMMITTEES.

1. The following shall be the standing committees of the Board of Trustees:

1. Public Works, Public Safety and Annexations;
2. Economic Development, Finance and Ordinances;
3. Liquor commission.

2. Special committees shall be created from time to time as directed by the Board of Trustees.

3. All standing and special committees shall be composed of a minimum of three members, including the chairperson, unless the Board of Trustees directs otherwise. All committees shall be appointed by the Village President.

Sec. 2-54. through 2-59. RESERVED.

DIVISION 3. MEETINGS Sec. 2-60. TIME AND PLACE OF REGULAR MEETINGS.

1. The regular meetings of the board of trustees shall be held on the second Tuesday of each month at 6:30 P.M.(Ordn 2013-5)
2. The meeting place of the board of trustees shall be the Village Hall, unless otherwise ordered by the board of trustees.

Sec. 2-61. ROBERTS RULES OF ORDER APPLICABLE.

Unless specifically authorized by a majority vote of the members of the board of trustees, Roberts Rules of Order as revised shall govern the deliberation of the Board of Trustees except when in conflict with any other provision of the Code of Ordinances. The trustees specifically reserve the right, upon majority vote, to deviate from Roberts Rules of Order.

Sec. 2-62.        RULES OF PROCEDURE.

1. The Village President shall preserve order and decorum and shall determine all questions of order. Rulings of the Village President on all matters of order and decorum shall be conclusive unless appealed to the Board by one member of the Board of Trustees and seconded by another member.

2. Each member of the Board of Trustees, prior to speaking, shall be recognized by the Village President. No member shall speak longer than three (3) minutes upon recognition, unless permitted to do so by the Village President. Any member called to order shall immediately cease speaking, unless permitted to explain.

3. Nonmembers may address the Board of Trustees if a written request is submitted to the Village Hall thirty (30) minutes prior to the Board meeting for which recognition is sought. The written request must identify the name of the speaker, the subject matter that will be addressed, and the speaker’s interest in the subject. Each nonmember will be limited to three (3) minutes, unless a longer time period is permitted by a majority vote of the Village Board.

4. A maximum of twenty (20) minutes shall be allowed for nonmembers to speak at each meeting. If a particular item is deemed by the Village President to be controversial, the Village President shall strive to allow all sides an equal amount of time within which to speak at each meeting, subject to the twenty (20) minute time limit. The Village President shall determine the sequential order in which nonmembers will be allowed to address the Board.

Sec. 2-63. through 2-78. RESERVED.

DIVISION 4. PUBLICATION REIMBURSEMENT Sec. 2-79. ZONING NOTICE REIMBURSEMENT.

Each applicant who files for a zoning map amendment, variance or special use permit shall reimburse the Village for the

publication costs associated with the Notice of the public hearing required on said application within thirty (30) days of the date of invoice from the Village authorities.

ARTICLE IV. VILLAGE CLERK

Sec. 2-80. VILLAGE CLERK APPOINTMENT.

The position of Village Clerk shall become an appointed position with the appointment being made by the President with the approval of two-thirds of the Board of Trustees for the Village of New Millford effective May 1, 1991.

Sec. 2-81. VILLAGE CLERK/COMPENSATION/BENEFITS.

The position of Village Clerk shall commence on May first of each year. The Clerk’s salary shall be set prior to May first of each year.  The Clerk’s salary effective March, 2019 shall be

$700.00 per month plus $50.00 for each Special Meeting attended by the Clerk. (Ordinance No. 2019-1)

Sec. 2-82. EDUCATION/EXPERIENCE/BOND/OATH/OFFICE HOURS.

1. The Village Clerk shall be in charge of all areas of Municipal Government which are placed under his/her control by the Village President and Board of Trustees and shall be directly responsible to the Village President and the Board of Trustees.

2. The Clerk’s position, requires a general knowledge of bookkeeping, record keeping, and office management.

3. Before entering into the duties of this position, the appointed party shall take the oath administered by the Village President or his designated party and the Village Clerk shall also execute a Bond in the amount of Twenty-five Thousand Dollars ($25,000.00) conditioned on the faithful performance of his/her duties prescribed by State Statute with the cost of the Bond being paid for by the Village of New Millford.

4. The Village Clerk shall keep his/her office hours at the Village Hall and his/her office hours shall be determined from time to time in Ordinance form by the President and the Board of Trustees of the Village of New Millford.

Sec. 2-83. DUTIES.

The duties of the Village Clerk shall include but not be limited to those required by State Statute and also include the following.

1. The Village Clerk shall also serve as the Village Collector.

2. The Village Clerk shall be the custodian of the Village Seal and shall fix its impression on documents whenever required.

3. The Village Clerk shall keep the accounts showing all money received, the source and the disposition thereof and such other accounts as may be required by Village Ordinance, State Statute, or other Board action.

4. The Village Clerk shall deposit all monies received on behalf of the Village promptly to the village accounts, together with a statement as to the source of the monies.

5. In addition to the record of ordinances, and other records which the Village Clerk is required by Statute to keep, he/she shall keep a register of all licenses and permits issued and payments thereon; a record showing all officers and regular employees of the Village; and such other records as may be required by the President and Board of Trustees.

6. The Village Clerk shall be the custodian of all documents belonging to the Village which are not assigned to the custody of some other officer.

7. The Village Clerk shall keep and maintain a proper index to all documents and records kept by him/her so that ready access thereto may be had.

8. The Village Clerk shall attend all regular and special meetings of the Board of Trustees and all Committee Meetings unless excused therefrom and shall keep, in a suitable book, a full and faithful record of the proceedings. The Village Clerk shall issue Notice of all meetings of the Village Board and its committees.

9. The Village Clerk shall deliver to the Village Board and its Committees all petitions, communications, reports, orders, claims and other papers referred to those committees. He/she shall also deliver to the Village President all ordinances or resolutions which may be required to be approved or acted upon by the Village President.

10. The Village Clerk shall prepare the bills, along with an accurate listing of the same for review by the Board of Trustees.

11. The Village Clerk shall assist the auditors with the

annual Village audits.

12. The Village Clerk shall attend seminars designated by and approved by the Village Board.

Sec. 2-84. REMOVAL FROM OFFICE.

The President and Board of Trustees for the Village of New Millford, may remove the Village Clerk at any time by a two-thirds vote of the Village Board recommending removal without incurring liability to the Village Clerk for any compensation to him/her for the remainder of the annual appointment.

Sec. 2-85. DEPUTY CLERK.

The Village Clerk may, when necessary and with the prior approval of the Village Board, appoint a Deputy Clerk who during the temporary absence or disability of the Clerk shall be empowered to perform all the duties of the Village Clerk and the Clerk shall be held responsible for the acts of such deputy.

Sec. 2-86. FILLING VACANCY IN OFFICE.

In case the office of the Village Clerk shall become vacant for any reason, the President and Board of Trustees shall appoint a successor for the remainder of the term of the Clerk.

ARTICLE V. ETHICS ACT

Sec. 2-87:        STATE OFFICIALS AND EMPLOYEES ETHICS ACT:

1. The regulations of Sections 5-15 (5 ILCS 430/5-15) and Article 10 (5 ILCS 430/10-10 through 10-40) of the State Officials and Employees Ethics Act, 5 ILCS 430/1-1 et seq., (hereinafter referred to as the “Act” in this Section) are adopted by reference and made applicable to the officers and employees of the Village to the extent required by 5 ILCS 430/70-5.

2. The solicitation or acceptance of gifts prohibited to be solicited or accepted under the Act, by any officer or any employee of the Village, is hereby prohibited.

3. The offering or making of gifts prohibited to be offered or made to an officer or employee of the Village under the Act, is hereby prohibited.
4. The participation in political activities prohibited under the Act, by any officer or employee of the Village, is hereby prohibited.

5. For purposes of this Section, the terms “officer” and “employee” shall be defined as set forth in 5 ILCS 430/70-5(c).

6. The penalties for violations of this Section shall be the same as those penalties set forth in 5 ILCS 430/50-5 for similar violations of the Act.

7. This Section does not repeal or otherwise amend or modify any existing ordinances or policies which regulate the conduct of Village officers and employees. To the extent that any such existing ordinances or policies are less restrictive than this Section, however, the provisions of this Section shall prevail in accordance with the provisions of 5 ILCS 430/70-5(a).

8. Any amendment to the Act that becomes effective after the effective date of this Section shall be incorporated into this Section by reference and shall be applicable to the solicitation, acceptance, offering and making gifts and to prohibited political activities. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this Section by reference without formal action by the corporate authorities of the Village.

9. If the Illinois Supreme Court declares the Act unconstitutional in its entirety, then this Section shall be repealed as of the date that the Illinois Supreme Court’s decision becomes final and not subject to any further appeals or hearings. This Section shall be deemed repealed without further action by the Corporate Authorities of the Village if the Act is found unconstitutional by the Illinois Supreme Court.

10. If the Illinois Supreme Court declares part of the Act unconstitutional but upholds the constitutionality of the remainder of the Act, or does not address the remainder of the Act, then the remainder of the Act as adopted by this Section shall remain in full force and effect; however, that part of this Section relating to the part of the Act found unconstitutional shall be

deemed repealed without further action by the Corporate Authorities of the Village.

Sec. 2-88. through 2-99. RESERVED.

ARTICLE VI. ZONING BOARD OF APPEALS

Sec. 2-100. RESERVED. (Ordinance No. 2020-4)

Sec. 2-101. RESERVED.

ARTICLE VII. FREEDOM OF INFORMATION ACT

Sec. 2-110.  ADOPTION. The Village of New Milford hereby adopts in its entirety the Freedom of Information Act, 5 ILCS 140/1 et seq., as amended by Public Act 96-0542, effective January 1, 2010, and as amended from time to time, which is incorporated herein by reference.

Sec. 2-111. COPYING COSTS. The Village shall charge a fee to recover the costs associated with copying records; however, such costs shall not exceed those allowable under the Freedom of Information Act.

Sec. 2-112.  OFFICER DESIGNATION.  That the Village Clerk is hereby designated as the Freedom of Information Officer of the Village under and pursuant to Section 3.5 of the Freedom of Information Act.

Sec. 2-113. EXEMPTIONS. The Village hereby adopts the exemptions listed in the Freedom of Information Act, 5 ILCS 140/7 and 7.5 and herein lists the exemptions in their entirety:

1. The following shall be exempt from inspection and copying:

1. Information specifically prohibited from disclosure by federal or State law or rules and regulations adopted under federal or State law.

2. Information that, if disclosed, would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of 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.

Information exempted under this subsection (b) shall include but is not limited to:

1. files and personal information maintained with respect to clients, patients, residents, students or other individuals receiving social, medical, educational, vocational, financial, supervisory or custodial care or services directly or indirectly from federal agencies or public bodies;

2. personnel files and personal information maintained with respect to employees, appointees or elected officials of any public body or applicants for those positions;

3. files and personal information maintained with respect to any applicant, registrant or licensee by any public body cooperating with or engaged in professional or occupational registration, licensure or discipline;

4. information required of any taxpayer in connection with the assessment or collection of any tax unless disclosure is otherwise required by State statute;

5. information revealing the identity of persons who file complaints with or provide information to administrative, investigative, law enforcement or penal agencies; provided, however, that identification of witnesses to traffic accidents, traffic accident reports, and rescue reports may be provided by agencies of local government, except in a case for which a criminal investigation is ongoing, without constituting a clearly unwarranted per se invasion of personal privacy under this subsection;

6. the names, addresses, or other personal information of participants and registrants in park district, forest preserve district, and conservation district programs; and

7. the Notarial Record or other medium containing the thumbprint or fingerprint required

by Section 3-102(c)(6) of the Illinois Notary Public Act.

(b-5) Files, documents, and other data or databases maintained by one or more law enforcement agencies and specifically designed to provide information to one or more law enforcement agencies regarding the physical or mental status of one or more individual subjects.

3. Records compiled by any public body for administrative enforcement proceedings and any law enforcement or correctional agency for law enforcement purposes or for internal matters of a public body, but only to the extent that disclosure would:

8. interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency;

9. interfere with pending administrative enforcement proceedings conducted by any public body;

10. deprive a person of a fair trial or an impartial hearing;

11. unavoidably disclose the identity of a confidential source or confidential information furnished only by the confidential source;

12. 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;

13. constitute an invasion of personal privacy under subsection (b) of this Section;

14. endanger the life or physical safety of law enforcement personnel or any other person; or

15. obstruct an ongoing criminal investigation.

4. Criminal history record information maintained by State or local criminal justice agencies, except the following which shall be open for public inspection and copying:

16. chronologically maintained arrest information, such as traditional arrest logs or blotters;

17. the name of a person in the custody of a law enforcement agency and the charges for which that person is being held;

18. court records that are public;

19. records that are otherwise available under State or local law; or

20. records in which the requesting party is the individual identified, except as provided under part (vii) of paragraph (c) of subsection (1) of this Section.

“Criminal history record information” means data identifiable to an individual and consisting of descriptions or notations of arrests, detentions, indictments, informations, pre-trial proceedings, trials, or other formal events in the criminal justice system or descriptions or notations of criminal charges (including criminal violations of local municipal ordinances) and the nature of any disposition arising therefrom, including sentencing, court or correctional supervision, rehabilitation and release. The term does not apply to statistical records and reports in which individuals are not identified and from which their identities are not ascertainable, or to information that is for criminal investigative or intelligence purposes.

5. Records that relate to or affect the security of correctional institutions and detention facilities.

6. 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.

The exemption provided in this paragraph (f) extends to all those records of officers and agencies of the General Assembly that pertain to the preparation of legislative documents.

7. Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or information are proprietary, privileged or confidential, or where disclosure of the trade secrets or information may cause competitive harm, including:

21. All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

22. 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.

8. 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.

9. 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 this 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.

10. Test questions, scoring keys and other examination data used to administer an academic examination or determined the qualifications of an applicant for a license or employment.

11. 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, but only to the extent that disclosure would compromise security, including but not limited to water treatment facilities, airport facilities, sport stadiums, convention centers, and all government owned, operated, or occupied buildings.

12. Library circulation and order records identifying library users with specific materials.

13. 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.

14. 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.

15. Information received by a primary or secondary school, college or university under its procedures for the evaluation of faculty members by their academic peers.

16. 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.

17. Documents or materials 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.

18. Drafts, notes, recommendations and memoranda pertaining to the financing and marketing transactions of the public body. The records of ownership, registration, transfer, and exchange of municipal debt obligations, and of persons to whom payment with respect to these obligations is made.

19. 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.

20. Any and all proprietary information and records related to the operation of an intergovernmental risk

management association or self-insurance pool or jointly self-administered health and accident cooperative or pool.

21. Information concerning a university’s adjudication of student or employee grievance or disciplinary cases, to the extent that disclosure would reveal the identity of the student or employee and information concerning any public body’s adjudication of student or employee grievances or disciplinary cases, except for the final outcome of the cases.

22. Course materials or research materials used by faculty members.

23. Information related solely to the internal personnel rules and practices of a public body.

24. 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.

25. Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

26. Manuals or instruction to staff that relate to establishment or collection of liability for any State tax or that relate to investigations by a public body to determine violation of any criminal law.

(aa) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(bb) 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.

(cc) Information and records held by the Department of Public Health and its authorized representatives

relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.

(dd) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(ee) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(ff) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the St. Clair County Transit District under the Bi-State Transit Safety Act.

(gg) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(hh) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act.

(ii) Beginning July 1, 1999, 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.

(jj) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(kk) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act.

(ll) 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.

(mm) Maps and other records regarding the location or security of generation, transmission, distribution, storage, gathering, treatment, or switching facilities owned by a utility or by the Illinois Power Agency.

(nn) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(oo) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(pp) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(qq) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act. This subsection (qq) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(rr) Information contained in or related to proposals, bids, or negotiations related to electric power procurement under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public

Utilities Act that is determined to be confidential and proprietary by the Illinois Power Agency or by the Illinois Commerce Commission.

(ss) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(tt) Information about students exempted from disclosure under Sections 10-20.38 or 34-18.29 of the School Code, and information about undergraduate students enrolled at an institution of higher education exempted from disclosure under Section 25 of the Illinois Credit Card Marketing Act of 2009.

2. This Section does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act

3. Statutory Exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

27. All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

28. Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

29. Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

30. Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.
31. Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

32. Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

33. Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

34. Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general’s office that would be exempt if created or obtained by an Executive Inspector General’s office under that Act.

35. Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

36. Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act.

37. Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

38. Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

39. Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

40. Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the

Capital Crimes Litigation Act. This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

41. Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

42. Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the St. Clair County Transit District under the Bi-State Transit Safety Act.

43. Information prohibited from being disclosed by the Personnel Records Review Act.

44. Information prohibited from being disclosed by the Illinois School Student Records Act.

45. Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

CHAPTER 3 ADVERTISING

ARTICLE I. – GENERAL PROVISIONS

Sec. 3-1. – Advertising unlawful businesses and articles.

It shall be unlawful to advertise any unlawful business or article in the village.

Sec. 3-2. – Posting bills.

It shall be unlawful to post any bills or advertisement on any public property without authority from the village president and village board of trustees. It shall be unlawful to post any bill or advertisement on any property without the written consent of the owner thereof.

Secs. 3-3—3-29. – Reserved.

ARTICLE II. – BILLBOARDS

Sec. 3-30. – Definitions.

1. Billboard. A billboard is an object, device, display, sign or structure, or part thereof displayed outdoors or visible from a public way, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location, or to express a point of view, by any means, including words, letters, figures, design, symbols, advertising flags, fixtures, colors, illuminations or projected images, which are not substantially related to the primary economic activity or use conducted on the zoning lot occupied by it. Billboards do not include commercial signage related to the business conducted on the zoning lot, nor signs temporarily placed in residential lawns by residents, owners, contractors, real estate brokers or agents, or by or on behalf of political candidates or issues.

2. Billboard area. The facing of a billboard, including copy, insignia, background, structural supports, and border and trim. The measurement shall be determined by the smallest rectangle inclusive of all letters and images. The structural

supports shall be excluded if they do not constitute a major part of the billboard or if the structure is not used to identify or attract attention to the business or product. A double-sided billboard, with sign faces parallel to each other, shall be deemed to have the billboard area of the larger sign face.

3. Illuminated billboard. A billboard having its characters, letters, figures, designs or outlines illuminated by a source of artificial light.

4. Spacing. Spacing of billboards shall be the minimum distance between outdoor advertising billboard structures measured along the nearest edge of the pavement between points directly opposite the billboards along each side of the highway and shall apply to outdoor advertising billboard structures located on both sides of the highway involved. Spacing shall be calculated with respect to existing billboards whether or not the existing billboards are within the corporate limits of the village.

Sec. 3-31. – Intent of article.

1. Development of proper signage throughout village; role of Zoning Board of Appeals and board of trustees.

2. Statement of policy. To ensure that the intent of this article is realized, it shall be the policy of the Zoning Board of Appeals by way of its review effects to:

1. Operate, within its jurisdiction and in the interest of the people of the village, in a consistent, fair, objective and understanding manner;

2. Encourage and inspire both public and private participation matters regarding signage and work with other governmental, civic, or other private bodies to enhance communication, understanding, and appreciation between them and the board;

3. Encourage excellence in the design of signs throughout its acceptance of appropriate innovation and imaginative concepts;

4. Encourage competition toward attractiveness in signs and discourage the type of competition which produces signs of ever increasing size, brightness and garishness;

5. Give appropriate recognition to projects which exhibit outstanding design merit.

Sec. 3-32. – Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Area of an exposure means the area of a building wall facing in one principal direction, including doors and windows contained in such wall. Where such wall is irregular in plan, the area of the exposure shall be calculated as the area of the projection of such wall upon a plan parallel with the nearest adjacent street.

Area of sign means that area computed by the customary applicable mathematical formula for the shape of the sign face; or in the case of a sign made up of separate letters or characterizations connected in meaning by computing the area lying within straight line connecting the extreme projections, corners or edges of the letters, character of other figures composing the sign, by computing the total area of all faces, provided that if the distance between sign faces of a multifaced sign does not exceed 12 inches, such distance shall not be considered in computing the area of a sign.

Courtyard means an extent of open ground (not including a parking lot or loading area) walled by buildings on three sides which is open to the public and abuts a public street.

Garage sale means all general sales, open to the public, conducted from or on a residential premises in any residential zone, as defined by the zoning ordinance, as set forth in chapter 82, for the purpose of disposing of personal property owned and maintained by an individual or members of his immediate family residing on the property and acquired in the normal course of living in or maintaining a residence.

Ground signs means any sign supported by or attached to a ground sign standard, such standard being a freestanding frame, mast or other support not attached to any building.

Illuminated sign (external) means a sign characterized as having its source of artificial light located within the perimeter of such sign.

Public street means the area lying within the described limits of a dedicated right-of-way or thoroughfare for vehicular traffic (excluding an alley), such right-of-way or thoroughfare being open to the use of the public as a matter of right.

Sign means any symbol, lettering, pictorial representation, or combination thereof readily visible from courtyard or public property and used for informational, identification, or directional purposes or to sell or advertise products, services, activities, or events.

Street exposure means the exterior wall (including doors and windows) of a building having its frontage on a public street or a courtyard. The street exposure of an occupant is the street exposure of that portion of the building wall included in the space in the building occupied by such occupant.

Sec. 3-33. – Standards and criteria for review.

The following factors and characteristics which relate to the safety and appearance of signage shall govern the board’s evaluation of design submittal:

1. Projects which include a number of signs and graphics shall have an overall plan.

2. Signs and graphics shall have a harmonious relationship with nearby signs, buildings and the neighborhood, and shall be designed so as not adversely to affect adjacent structures. In this respect the sign shall be related to its building, structure and neighborhood in terms of size, shape, material, location, lighting, and landscaping, if applicable.

3. In its deliberations the board shall consider, among other things, the sign area allowances provided in this section as the maximum allowance, and if in its determination the size of the proposed sign is out of proportion or scale to the building or to other buildings or signs in the surrounding area, then the board may reduce the allowable sign area at its discretion.

4. External lighting shall be arranged so that the light source is screened from view.

5. The additional provisions of this article, as specified in this article, shall be part of the criteria of the design review process.

Sec. 3-34. – Sign permit and certificate of appropriateness.

1. Permit required. A permit shall be necessary to erect, construct or display a sign. Application for sign permit shall be submitted to the designated village official on forms provided by the village by any person erecting or constructing any such sign. Such application shall also be considered an application for certificate of appropriateness and shall be accompanied by a permit fee to be set from time to time by ordinance of the village board of trustees.

2. Application for certificate of appropriateness. Application for a certificate of appropriateness shall be considered by the board only after such application has been filed with the designated village official.

3. Issuance of permit. Except as provided for in subsection (a) of this section, no sign permit shall be issued by the village board of trustees prior to the granting of the certificate of appropriateness by the village board of trustees.

4. Permit fees. The fee for a permit to construct a sign less than 300 square feet in total area shall be as set forth in the village’s zoning, land use and development permit fee schedule which may be amended by the village from time to time by resolution or ordinance. The fee for the construction of a sign of 300 square feet or greater of total area shall be as set forth in the village’s zoning, land use and development permit fee schedule which may be amended by the village from time to time by resolution or ordinance. This fee is for the construction of new signs and not for the replacement of existing signs.

5. Consideration of applications. Whenever the designated village official shall receive an application for a sign permit, it shall be his duty to examine the plans, specifications, and other submitted data, and if it appears that the proposed sign is in compliance with the minimum technical rules, regulations, and guidelines found in this article, and other laws and

ordinances of the village, he shall promptly issue a permit authorizing the construction and installation of the sign. If the sign application and the data submitted to the designated village official does not comply with the minimum technical rules, regulations, and guidelines found in this article, and the other laws and ordinances of the village, the designated village official shall promptly refer the application and other submitted data to the Zoning Board of Appeals for further findings and review.

6. Petitioners for commercial signs; procedure. Petitioners for all commercial signs as regulated by section 3-

41 which are less than 15 feet in height as measured from the normal sidewalk level, shall submit their application to the designated village official. The designated village official shall forward his recommendation to the president of the board of trustees who shall seek the advisory opinion of the board of trustees. If the president of the board of trustees receives a favorable review from the board of trustees, a sign permit shall be issued to the petitioners. If the president of the board of trustees has not made a decision within three weeks from the date the petition was tendered in proper form to the designated village official, the petition shall be deemed granted unless the petitioner is advised that additional information is needed by the village to adequately process the application, but in no event shall the village have more than 20 days to make its decision once all information has been tendered.

7. Application for sign permit. Application for a sign permit shall, at a minimum, contain or have attached thereto the following information and material:

1. The name, address and telephone number of the owner of the property;

2. The name, address and telephone number of the applicant (owner of the sign);

3. The name, address and telephone number of the sign contractor, if any;

4. The location of the building, structure or lot to which, or upon which, the sign is to be attached or erected;

5. Two copies of a drawing and other material showing:

1. The position of a proposed sign in relation to adjacent signs, buildings and structures;

2. The design and size, structural details, material, and placement on the premises of a proposed sign or sign structure;

3. Current color photographs showing existing signs on the premises and adjacent property, and the date on which such photographs were taken;

4. A statement denoting the aggregate size of all signs existing on the premises at the time of making such application;

5. Such other information as the designated village official or the Zoning Board of Appeals shall require to show full compliance with this article;

6. The information submitted by the applicant shall be in sufficient detail to illustrate clearly the design for which approval is being sought and its relationship to the structure it serves. One set of such items shall be retained by the board and the other set shall be returned to the applicant.

Sec. 3-35. – Certificate of appropriateness.

1. Preliminary consideration.

1. The Zoning Board of Appeals shall, if requested in writing by a prospective applicant for a sign permit, give preliminary consideration to a specific project before a formal application is filed, and shall provide recommendations on matters pertaining to the purpose, intent, standards and criteria of this article as may be deemed appropriate to guide such prospective applicant in the development of a plan for a signage which could comply with this article.

2. The Zoning Board of Appeals shall act in an advisory capacity only with regard to such preliminary

consideration and no approval or denial shall be given during such preliminary consideration.

2. Final consideration.

3. Upon receipt of an application for a sign permit for which a certificate of appropriateness is required by the designated village official, the Zoning Board of Appeals shall, as soon as practicable, consider the issuance of a certificate of appropriateness and may, if necessary, request additional evidence from the applicant or his agent, village personnel or other persons as to whether the sign proposal is in compliance with the intent, purpose, standards and criteria of this article.

4. The Zoning Board of Appeals may, prior to making its decision, make recommendations to the applicant as to changes in the signage plans which, in its judgement, would tend to effect the general intent and purpose of this article.

5. If the Zoning Board of Appeals makes recommendations for changes in the signage plan, the applicant shall, within 15 days following such review, notify the board in writing of his acceptance or rejection, and specify the reasons for rejection of such recommendations, if such may be the decision of the applicant.

6. If the applicant shall fail to accept or reject the board’s recommendations within the specified time period, it shall be assumed that the applicant has rejected such recommendations.

7. A certificate of appropriateness shall be issued by the village board of trustees upon a majority vote, provided that there is compliance with all other rules, regulations and ordinances for the village.

8. The village board of trustees shall not deny a certificate of appropriateness except upon the concurring vote of a majority of its members present.

9. If consideration of an application for certificate of appropriateness by the board has not been initiated within 45 days following referral of the application by the designated village official to the Zoning Board of Appeals

or, having been initiated, has not been concluded within 60 days following the submission by the applicant of additional evidence required by the Zoning Board of Appeals, the village board of trustees, if the application is in order and the plans are in compliance with the minimum technical standards and requirements set forth in this article, issue a sign permit to the applicant for the work specified within such application and plans.

10. All meeting and hearings, as required in this section, may be continued, irrespective of the time limits of subsection (b)(7) of this section, at the discretion of the Zoning Board of Appeals, provided that the applicant consents to such a continuance and, if continued with the consent of the applicant, the time restrictions set forth in subsection (b)(7) of this section shall not apply.

Sec. 3-36. – Exemptions from article regulations.

1. Total. Signs, flags, and emblems, of and on the premises of the United States, the state and municipal corporations and public bodies of the state, shall be exempt from regulations of this article, unless the particular sign, flag, or emblem is advertising a parcel of real estate owned by a state or municipal corporation which is used primarily for recreational or revenue generating purposes.

2. Partial. The following signs shall comply with sections 3-31, 3-37, and 3-42, but shall be exempt from all other regulations of this article, unless otherwise allowed:

1. Permitted, nonilluminated signs of organizations described in section 3-40;

2. Memorial plaques, corner stones, historical plaques and similar designations displayed for noncommercial purposes;

3. Signs required of property owners or occupants by the police, fire or other governmental departments for the safety and convenience of the public;

4. Directional signs or instructional signs conveying directions or instruction for the safety and convenience of the public (vehicular or pedestrian), or necessary for the operation of the premises, and not exceeding three square feet in area.

5. Signage attached to vehicles located in establishments authorized to sell automobiles.

Sec. 3-37. – Prohibited signs.

No person shall display any sign of the following prohibited types, or in the following prohibited locations, unless otherwise authorized by this ordinance:

1. Flashing signs (whether stationary, revolving or rotating) including message boards, which contain any flashing lights, running lights, or lights creating an illusion of movement;

2. Signs upon, above or attached to the roof of any building, excluding those in existence at the time of enactment of this article;

3. Signs painted directly on the wall of a building or on a fence;

4. Signs, or spotlights or floodlights used to illuminate signage, projecting more than three inches over or into the right-of-way of any public street, sidewalk, alley or public place (except that over eight feet above the adjoining sidewalk they may project a maximum of 13 inches);

5. Signs consisting of a string, cluster or series of lights;

6. Signs which, as determined by the designated village official, may constitute a hazard to traffic or the public by reason of obstruction of view, distraction or danger to the safety of persons using public property.

7. Reserved.

8. Temporary signs or attention-getting devices that contain or consist of banners, posters, placards, pennants, ribbons, feather flags, streamers, strings of light bulbs or flags, a-frame signs, poster panels, spinners, signs attached to or on vehicles, inflatables or other similar devices, except as allowed and regulated under subsection 3-38(b).
9. Advertise an activity, business, product or service no longer conducted on the premises upon which the sign is located.

10. Reserved.

11. Advertising signs and devices which direct attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed.

12. No temporary signs or attention-getting devices shall be permitted with lights that flash, blink, or vary in intensity, and no temporary sign or attention-getting device shall be permitted with red, yellow, amber, or green lights.

13. Temporary signs and attention-getting devices are not allowed on people for the purpose of outdoor advertising. Signage that is a permanent part of a person or mascot’s costume is allowed and is subject to the following conditions for walking advertisers:

1. Walking advertisers must remain on the zoning lot in which the business is located or in a location up to five feet away from the roadway adjacent to the zoning lot in which the business is located.

2. Walking advertisers may not reduce the required parking, ingress/egress, travel lanes, impede the Americans with Disability Act compliance, or be located in the vision triangle on a corner property for a distance of 30 feet from the intersecting property lines.

3. Permits are required and are subject to the allowances listed in subsection 3-38(b)(2).

4. In instances of grand openings or closings, one walking advertiser is allowed in conjunction with one temporary sign or attention-getting device. Permits are required and are subject to the allowances listed in subsection 3-38(b)(1).

14. No temporary signage shall be allowed that is torn, tattered, faded or partially destroyed.

Sec. 3-38. – Temporary signs.

1. The following temporary signs shall be permitted, subject to the permit requirements of Section 3-38, in addition to signs otherwise permitted by this article:

1. Real estate signs (nonilluminated), advertising the sale or lease of the lot or premises on which they are maintained, shall be less than ten square feet in area for residential zoned lots and less than 64 square feet in area for commercial, office, and industrial zoned lots. No one property shall be allowed to have more than one sign on the lot or premises, except, on corner lots, one such sign may face each street. Said signs shall be removed within seven days after the sale or lease of the premises. These temporary signs, referred to in this subsection (a)(1) shall be reviewed on an annual basis regarding their permissibility. In addition, signs advertising the sale of residential lots or premises are exempt from paying the established sign application fee.

1. Real estate signs (nonilluminated) advertising the sale or lease of a residential zoned lot or premises may be posted off the premises to be sold or leased on Sundays only. This type of sign referred to in this subsection (a)(1)a is not subject to annual review.

2. Real estate signs (nonilluminated) advertising the sale or lease of a commercial, office, or industrial lot or premises may be attached to the side of such building facing the street. The area of the sign shall not exceed 15 percent of the total area of the side of the building to which it is attached up to a maximum of 64 square feet. A sign as described in this subsection (a)(1) shall not be subject to annual review.

2. Construction site signs (nonilluminated) identifying the parties engaged in the design and construction on the lot or premises on which they are displayed, and being less than ten square feet in area on a lot or premises located in any R-1 or R-2 residential district, established by the zoning ordinance, as set forth in chapter 21, or 32 square feet in area on a lot or district or CN, CC, CG, OF, IL, IG, IH district established by the zoning ordinance, as set forth in chapter 21, where new construction or remodeling work is in progress and not in excess of one sign on the lot or

premises; such signs to be removed within seven days after completion of such work as determined by the designated village official.

3. Decorations displayed in connection with civic, patriotic or religious holidays, except that they shall be removed within 14 days after the appropriate holiday.

4. Flags, emblems, and signs of political, civic, philanthropic, or educational organizations temporarily displayed with respect to an election or event for noncommercial purposes, to be removed seven days after such election or event.

5. Garage sale signs (nonilluminated) placed on the lot or premises on which such sale is conducted or off premises less than ten square feet in area and not in excess of one sign on the lot or premises, except that on corner lots one such sign may face each street, and such signs shall be removed within 72 hours after posting.

6. Signs required by a regulation of any governmental body having jurisdiction.

7. Developers’ signs and off premises identification signs, no larger than 64 square feet, no higher than 8 feet, that advertise the intended use, sale, lease, rental or development of land and/or buildings on any particular premises, or directing attention to the location and/or opening of a residential subdivision, commercial, industrial or institutional development.

8. Temporary signs and attention-getting devices promoting special community activities, special events, or activities of nonprofit organizations are allowed. These activities may include an annual or semi-annual campaign special, unique or limited activity or service; a sign announcing an annual or semi-annual campaign, drive or event of a civic, philanthropic, educational, nonprofit or religious organization; indoor and outdoor art, craft and plant shows; Christmas tree sales; carnivals, circuses, fairs, rodeos and parades. Such temporary signs and attention-getting devices promoting the above events are allowed for 30 days prior to the event and must be removed within 72 hours after the occurrence of the event, and are subject to the following location restrictions:

1. Set back from all property lines a distance of at least ten feet.

2. No closer than one foot to any sidewalk and bike

path.

3. May not be placed on a corner property for a distance of 30 feet from each intersecting roadway to allow motorists to maintain their view of the intersection.

4. May not face a parcel zoned residential with common lot lines.

11. New and used car dealerships may have no more than

(4) vehicle signs from the same business, which are advertising or business signs attached to a motor vehicle or semi-trailer which is parked and placed in position for the primary purpose of displaying the same to the public.

2. All temporary signs and attention-getting devices, including banners, posters, placards, poster panels, inflatables, or other similar devices approved by the enforcing official, require a permit from the zoning office and are subject to the following regulations:

9. A single temporary sign or attention-getting device is permitted for a consecutive 30-day period during the first six months of business opening to promote grand openings, or for a consecutive 30-day period prior to a business closing. Such sign or attention-getting device may not advertise products or services, and should only direct attention to a grand opening or closing. Permits are required.

10. A single temporary sign or attention getting device is permitted, per business, for a consecutive 14-day period, not more than two times per calendar year, for the purpose of advertising special sales events or promotions. New and used car dealerships as described in Section 3- 38(a)(9) are excepted from the single temporary sign requirement but are still subject to the display time limits.
11. Temporary signs and attention getting devices require a permit and may only be placed in the following locations:

3. On an existing sign structure so that such sign or attention-getting device meets all sign height and location requirements for the zoning district in which it is located.

4. On a building so that such sign or attention- getting device does not project out from the building or above the roof line.

5. A maximum of 2 signs are allowed on 11th Street in the business district.

6. May not face a parcel zoned residential with commercial lot lines.

3. A temporary sign described in subsection (a) of this section shall be removed within the stipulated time limits by the person posting or displaying such sign. The village is authorized and empowered to remove any such sign upon the expiration of the stipulated time limit, whereupon the person who posted or displayed such sign shall pay the sum to the village of $75.00, or the actual cost incurred by the village, for the removal of the sign, whichever is greater.

4. A temporary sign shall be attached to the site or constructed in a manner that both prevents the sign from being easily removed by unauthorized persons or blown from its location and allows for the easy removal of the sign by authorized persons.

5. Temporary signs are not permitted in residential zoning districts, except as otherwise permitted in this section. Temporary signs shall not be attached to trees, shrubbery, utility poles or traffic control signs or devices.

6. Temporary Sign Permit. All temporary signs, attention getting devices, and walking advertisers require a permit which is subject to the following application process:

12. A temporary sign permit shall be submitted to the designated village official on forms provided by the village by any person erecting a temporary sign, attention getting device or walking advertiser as described above.
13. The application must include the following:

7. The name, address, business name and telephone number of the applicant;

8. The address, zoning designation, and parcel identification number of the property where the sign is to be displayed;

9. The type of sign to be displayed on the property;

10. A scaled drawing of the proposed sign, showing the design, elevations, sign face dimensions and area, sign materials and the location and size of all current signs displayed on the property;

14. A $20.00 fee shall apply for each temporary sign. There shall be no cost for the first two signs.

15. The content of any message shall not be considered in the evaluation of a temporary sign permit application.

16. The Village Clerk, or his or her designee, shall grant or deny the temporary sign permit application based upon the information submitted with the application and other information obtained by or submitted to the village. The permit shall be approved if the application complies with all of the applicable provisions of this Section and any other objective requirements imposed by law and the applicable permit fee has been paid. All temporary sign permit applications will be reviewed and granted or denied within 7 days of submission.

17. The Village Clerk, or his or her designee, may revoke a sign permit if, in the opinion of the Village Clerk, there exists any material and misleading false statement of fact in the temporary sign permit application and/or if the signs are in violation of the required conditions outlined in this section.

Sec. 3-39. – Signs on residential properties.

No sign shall be displayed on building or premises or that portion thereof used for residential purposes regardless of the

zoning district in which located, or on any vehicles parked or stored on such residential property where such vehicle is readily visible to the general public, except for signs exempt under section 3-36 or permitted under section 3-38 and except for the following permitted signs:

1. One nameplate sign not exceeding 80 square inches in area, which may be combined with a street or house number sign;

2. Noncommercial signs behind or affixed to windows and doors;

3. In the case of apartment houses for three or more families, there shall be permitted, in addition to the foregoing and in addition to any other signs permitted in this article by reason of any commercial use of the first floor, one identification sign not exceeding five square feet in area indicating the name of the building and of the ownership or management thereof.

Sec. 3-40. – Signs of religious, charitable, educational, and other specified organizations.

1. No sign shall be displayed on the building or premises of a religious, philanthropic, civic, charitable or private educational institution or organization or any private club, except for signs exempt under section 3-36 or permitted under section 3-38 and except for the following signs:

1. Identification signs, identifying the name or nature of the institution or organization;

2. Bulletin board signs being structures of a permanent nature, but having changeable words or figures.

2. The total area of all signs on the premises of each such institution, or organization shall not exceed 50 square feet in area, and no one sign shall exceed 30 square feet in area.

Sec. 3-41. – Commercial signs.

1. Defined. All signs not included or regulated in sections 3-38, 3-39, and 3-40 and not exempted by section 3-36 shall be deemed to be commercial signs for the purposes of this

article, regardless of the zoning district (as established by the zoning ordinance, as set forth in chapter 21) in which the premises are located.

2. Regulations. Commercial signs of any type not prohibited by section 3-37 may be displayed, subject to the specific sign regulations as set forth in this section:

1. No awning sign or sign displayed on or attached to a building by an occupant (excluding window signs) shall contain information other than that which identifies the name of the occupant, the nature of the occupant’s business and the logo or trademark of such occupant.

2. No sign regulated by subsections (b)(7), (b)(8), and (b)(9) of this section shall exceed 100 square feet in area per face of such sign.

3. No sign shall be attached to any wall of any building unless it is placed substantially parallel to the surface of such wall and is safely and securely fastened thereto.

4. For each side of a building the total area of commercial signs, other than exempt signs and signs permitted under subsection (c) of this section, ground signage and window signs of the section, shall not exceed

15 percent of the total area of such side of the building, exclusive of any such exposure that is occupied for residential purposes or by an institution or organization reflected in section 3-40 or by a governmental or public body.

5. In cases where a building is occupied by more than one occupant, the total area of the commercial signs of each occupant shall be limited to 15 percent of the area of the street exposure of such occupant.

6. The owner of a building shall be permitted to display on or attach to the building one identification sign not exceeding five square feet in area indicating the name of the building or management hereof. The area of such sign shall not be included in the 15 percent overall limitation contained in subsections (b)(4) and (b)(5) of this section.

(7) A ground sign, permitted under subsections (b)(8) and (b)(9) of this section, shall not, together with its

stand, exceed more than 15 feet in height above the ground level (as measured from the normal level of the sidewalk), except as permitted by subsection (b)(8) of this section. A ground sign stand or base must be enclosed, and bare pole supports are prohibited unless they do not exceed two in number and are covered with a nonoxidizing coating when initially installed and, if poles are used to support such sign, then a sufficient amount of landscaping in the nature of trees, shrubs, and bushes shall surround such poles. The material for the sign base must be comparable to the materials used for the business building (i.e., a brown brick building must have a sign base of brown brick or similar material unless variance is granted pursuant to section 3-50). The area of the sign base shall be no less than 80 percent of the width of the sign and no less than

50 percent of the depth of the sign. If a ground sign is supported by poles, such poles must be constructed of metal, as wood poles are specifically prohibited.

8. If no commercial signs other than the exempt signs and signs permitted under subsection (b)(6) of this section are displayed on or attached to a building occupied by fewer than three commercial occupants, one ground sign may be displayed on the premises on which the building is located, provided that such ground sign, together with its stand, shall not exceed 15 feet in height as measured from the sidewalk. A ground sign stand or base must be enclosed. Bar pole supports are prohibited unless they do not exceed two in number and are covered with a nonoxidizing coating when initially installed and, if poles are used to support such sign, then a sufficient amount of landscaping in the nature of trees, shrubs, and bushes shall surround such poles. The material for the sign base must be comparable to the materials used for that business building (i.e., a brown brick building must have a sign base of brown brick or similar material). The area of the sign base shall be no less than 80 percent of the width of the sign and no less than 50 percent of the depth of the sign.

9. In addition to other signs displayed on or attached to a building, a building occupied by three or more commercial occupants may display a directory-type sign (subject to the 15 percent limitations contained in subsection (b)(7) of this section, a directory-type sign may be a ground sign on the premises on which the building is located. If a ground directory type sign is used, a ground sign stand or base must be enclosed. Bar pole

support is prohibited unless they do not exceed two in number and are covered with a nonoxidizing coating when initially installed and, if such poles are used to support such sign, then a sufficient amount of landscaping in the nature of trees, shrubs, and bushes shall surround such poles. The materials used for that business building (i.e., a brown brick building) must have a sign base of brown brick or similar material. The area of the sign base shall be no less than 80 percent of the width of the sign and no less than 50 percent of the depth of the sign.

10. No sign shall be externally illuminated unless the source of such light shall be so located, shielded and directed as not to be directly visible from any surrounding public street or private residence; and no sign shall be internally illuminated except one having an opaque background and illuminating only letters, trademarks and logos.

11. Neon sign and similar gaseous tube illuminated signs with exposed lighting components shall be limited to three such sign per street exposure for each separate building and shall be indoor signs located on the ground floor level.

12. The surface brightness of any illuminated sign, whether externally illuminated or internally illuminated, shall not exceed 250 foot lamberts. Such sign, if displayed on or attached to a building (including a window sign), shall not be displayed on or above the second floor window sill level of such building.

13. No illuminated sign shall be located within 100 feet of the boundary of any R-1 or R-2 residential district established by the zoning ordinance, as set forth in chapter 21, if any illuminated face of such sign is parallel with or substantially parallel (an angle less than 45 degrees) with the residential zoning district boundary or otherwise has an adverse visual impact on adjacent residential properties.

14. The total area of all signs on an awning shall not exceed ten percent of the total exterior surface area of the awning. The area of such sign shall be included in the 15 percent overall limitation contained in subsections (b)(4) and (b)(5) of this section.
15. Poster board signs or billboard signs, being defined as those signs whose single face area exceeds or equals 300 square feet, shall not exceed 35 feet in height. All billboards shall be limited to 600 square feet of sign area per face, plus 50 square feet area for extensions or cutout. As used in this section, a sign face is defined as a specific sign area containing one or more messages which can be viewed from one direction only. The support for signs covered by this section must be enclosed in a base, and bare pole supports are prohibited unless they do not exceed two in number and are covered with a nonoxidizing coating when initially installed and, if poles are used to support such sign, then a sufficient amount of landscaping in the nature of trees, shrubs, and bushes shall surround such poles unless such poles are located in a parking lot. All freestanding signs, structures erected after the approval of this article, shall not be permitted to be erected within 1,500 feet of any other such sign on the same side of any roadway located within the village’s jurisdiction. The application to the village for installation of signage regulated by this subsection (b)(15) shall be accompanied by a foundation plan approved by a licensed state structural engineer for the village’s review.

16. Location of advertising signs in relation to public parks. No advertising sign shall be permitted to be erected within 300 feet of any public park of more than five acres in area if facing such park and visible therefrom.

17. Setbacks for freestanding business or advertising signs. Freestanding business or advertising signs erected after the adoption of this article shall have a minimum setback for any part of the sign equal to at least one- fourth of the required building setback of the zoning district. Existing freestanding signs which do not meet the requirements of this section may not be altered or changed in any perpetuating manner unless proof is supplied to the village board of trustees that such sign was not legally in existence prior to this article.

18. Irrespective of the other provisions of the Code of Ordinances, to insure the health, safety and welfare of the village, no further billboards may be constructed, installed or replaced within the village boundaries.

All current billboards may remain provided they are maintained. In the event that a current billboard should be damaged so that 50 percent of the structure or its support system is rendered unsafe, said billboard shall be removed and no replacement shall be allowed.

All other provisions of the Code of Ordinances regulating billboards shall remain in force as to existing billboards.

19. Irrespective of the terms of section 3-37(a), commercial establishments selling gasoline to the public may install one electronic pricing sign provided said sign complies with all other village ordinances.

3. Directional and instructional signs. Directional or instructional signs accessory to parking and driveway areas are permitted in addition to signs permitted under section 3-36(b), subject to the following regulations:

7. One sign may be erected to designate each entrance to or exit from a parking or driveway area; each such sign may not exceed three square feet in area; such signs may be double-faced;

8. One sign designating the conditions of use shall be permitted for each parking or driveway area; such signs shall not exceed a maximum of ten square feet in area;

(3) In standard traffic marking colors, lane markers, directional arrows and other directional or instructional devices painted on the pavement of parking and driveway areas shall be permitted without limitation. The area of signs permitted under this subsection shall not be included in the 15 percent overall limitation contained in subsections (b)(4) and (b)(5) of this section.

4. Service stations; car washes. Signs on or accessory to automobile service stations and car washes and the premises thereof shall conform to all regulations contained in this article and, in addition, shall be limited to two double-faced signs per establishment. In computing the number of signs displayed, however, the following shall not be deemed to constitute signs on such premises:

9. Matter appearing on gasoline pumps as purchased or installed;
10. Matter appearing on nonilluminated vending machines as purchased or installed (not to exceed three such machines visible to the general public) that dispense or offer for sale any products or services, provided that such machines are grouped together;

11. Signs required by state law displayed in connection with the operation of automobile service stations or pump islands; provided, however, that:

1. Minimum state standards shall constitute that maximum permissible standards within the village for the display of such required signs;

2. No items of information other than those specifically required by state law shall be displayed on such required signs; and

3. The size of each such required sign shall be related to the state mandated letter size (the size of sign, in each case, to be approved by the board of trustees).

Sec. 3-42. – Safety and maintenance.

1. All signs shall be designed and constructed adequately and safely to support their weight and to withstand wind and other stresses to which they may be subjected.

2. All signs in which electrical wiring and connections are to be used shall have affixed thereon a plate showing the voltage of the electrical apparatus used in connection therewith.

3. No sign shall be erected, relocated, maintained or otherwise permitted to obstruct or prevent free ingress or egress from any window, door, fire escape or stairway of any building or structure. No sign shall be attached to a fire escape.

4. No sign shall be erected, constructed or maintained where by reason of its position, shape, color or wording, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; nor shall it otherwise cause a safety hazard.
5. All signs, canopies and awnings, in addition to complying with applicable provisions of this article shall be kept and maintained in a safe, neat and orderly condition and appearance and shall be repainted or otherwise maintained periodically to prevent corrosion or deterioration caused by weather, age or other conditions. The owner of a sign shall be responsible for providing such maintenance to his sign. For freestanding signs, such maintenance shall also require that the ground area, for a distance of not less than ten feet in all directions, be kept free and clean of weeds, trash and other debris. If a sign is not maintained in a safe, neat and orderly condition by the owner of the sign, the owner of the premises upon which such sign is displayed shall be liable for such maintenance.

6. Whenever any business, service or other use moves from or vacates premises previously occupied by it, or for any reason renders a sign not applicable to the premises (an abandoned sign), all signs relating to such business, service or use shall be removed from such premises within ten days from the date of such event. If such sign is not removed, the owner of the premises upon which such sign is displayed shall be liable for such removal within ten days.

Sec. 3-43. – Review of existing permanent signs.

All signs existing on the effective date of the ordinance from which this division is derived, shall be exempt from compliance of the terms of this article with the exception of section 3-52, maintenance.

Sec. 3-44. – Unlawful display deemed nuisance.

It shall be unlawful to display any sign as such term is defined in section 3-32 in violation of the provisions of this article. Any sign displayed in violation of this article shall be deemed a public nuisance.

Sec. 3-45. – Enforcement, penalties and revocation of permit.

1. The designated village official is hereby authorized and empowered to enforce this article.

2. Before any use may be made of a sign authorized under the provisions of this article, a final inspection of the premises must be obtained from the designated village official to ensure compliance with the evidence upon which the sign permit was issued.

3. The designated village official may make inspections and tests necessary to obtain compliance with the provisions of this article and shall have right of entry upon any premises for inspection whenever the premises are open to the general public. If entry is refused, the inspector, showing reasonable cause to believe the existence of a violation, may apply to the appropriate court for a warrant authorizing entry.

4. Any person who displays a sign shall comply with the provisions of this article.

Sec. 3-46. – Failure to complete work.

1. If the person to whom the sign permit has been granted fails to comply or ensure completion of the work required in accordance with the provisions of the permit, the designated village official shall notify such person in writing of any such failure. If such failure is not corrected within ten days after notification, the sign permit may be revoked by order of the village board of trustees.

2. Any sign permit or certificate of appropriateness issued under this article may be revoked by order of the village board of trustees when it is shown by satisfactory proof that:

1. The permit was issued without or in excess of the authority of the designated village official;

2. The application for sign permit and certificate of appropriateness contained material misrepresentation of fact;

3. The sign or structure was erected, constructed, reconstructed, altered or used in a manner not in compliance with the submittal which served as the basis for the issuance of the permit or certificate of appropriateness.

3. In the event of revocation of a sign permit or certificate of appropriateness, the sign or structure authorized

by such permit or certificate shall be removed within 30 days of notice of the revocation at the expense of the applicant.

4. When by reason of nonavailability of materials or any other valid circumstances, it becomes necessary to vary the provisions under which a certificate of appropriateness was granted, the applicant shall submit the necessary changes, along with a written report stating the circumstances necessitating such changes, to the Zoning Board of Appeals for its approval.

5. If, after a certificate of appropriateness is granted, the sign covered by such certificate shall not be constructed, erected and/or installed within six months after the date thereof, then such certificate (and any sign permit issued in connection therewith) shall expire by the terms thereof, and no sign thereunder shall be constructed, erected and/or installed until a new certificate of appropriateness has been granted by the board.

Sec. 3-47. – Violation of article regulations.

1. The designated village official shall give a registered and certified written notice of the violation to any person displaying a sign in violation of this article (other than violations of section 3-37). Such notice shall demand compliance with the requirements of this article within 48 hours from the time of the receipt of such notice (weekends and holiday excluded) for temporary and window signs, and within ten days from other signs.

2. Any person displaying a sign in violation of this article after such 48 hours or the ten-day period, as the case may be, shall be subject to a penalty not exceeding $10.00 per offense. Each day of such violation shall constitute a separate offense with respect to the computation of fines.

3. If a sign shall be found to be unsafe or insecure, or constructed, erected or maintained in violation of this article, and if the owner of such sign fails to remove or alter the sign (following proper notice), such sign may be removed or altered by the village at the expense of the owner of the sign.

4. If any sign presents an immediate peril to persons or property, such sign may be removed by the village summarily and without notice. Such removal without notice shall not preclude the village from recouping the costs of such removal.

5. In addition to other remedies as specified in this article, the village may institute any appropriate action or proceeding to prevent, restrain, correct, or abate any violation of this article, including such actions as may be necessary for the village to recoup costs incurred in pursuance of the removal or alteration of signs as may be required by this article.

6. All rights and privileges acquired under the provisions of this article are mere licenses, revocable at any time by order of the village board of trustees.

Sec. 3-48. – Appeals.

1. An appeal may be taken to the board of trustees from any order, requirements, decision or determination made by the designated village official or the Zoning Board of Appeals in the enforcement of this article, which appeal shall act as a stay of all proceedings in furtherance of the action appealed from until a final decision by the village board of trustees.

2. All final decisions of the village board of trustees under this section shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, 735 ILCS 5/3-101 et seq.

Sec. 3-49. – Variations.

1. Any person may apply to the Zoning Board of Appeals for a variation from the terms of this article and a permit to construct or alter or maintain any sign which does not conform to the requirements of this article.

2. A request for variations shall be filed with the designated village official who shall promptly refer them to the Zoning Board of Appeals for advisory purposes who will forward it to the village board of trustees for final action.

3. Variations shall be permitted only if:

1. They are in harmony with the general purpose and intent of this article.

2. The plight of the petitioner is due to unusual circumstances;
3. There are practical difficulties or particular hardship in the way of carrying out the strict requirements of this article; and

4. The variation will not alter the essential character of the locality.

4. Every variation granted by the village board of trustees shall be accompanied by findings and facts specifying the reasons for granting the variation.

5. Notwithstanding the provisions of subsections (a)—(d) of this section, the Zoning Board of Appeals shall not have the power to recommend to the village board of trustees:

5. Grant variations from the terms of sections 3-34 and 3-35 (design review procedures).

6. Permit signs which are prohibited under section 3-

37 (prohibited signs).

7. Permit signs which violate the safety and maintenance provisions of sections 3-37(c), 3-37(d), 3- 35(b) and section 3-42.

8. Exempt signs from the requirements of section 3-43 (review of existing permanent signs).

9. Vary the amortization provisions of section 3-44, as applied to any given sign.

Sec. 3-50. – Liability for damages.

Neither the provisions of this article nor the issuance of any sign permit or certificate of appropriateness shall be construed as relieving any person erecting, owning or maintaining any sign from liability arising by reason of personal injury or property damage resulting therefrom or work relating thereto, or as limiting the liability of any such person by reason of personal injury or property damage so resulting. The provisions of this article shall not be construed as imposing upon the village or its officials or employees any liability by reason of the approval of any sign under any of the provisions of this article.

Sec. 3-51. – Reimbursement for expenses.

The applicant for a sign permit shall reimburse the village for all engineering and legal costs incurred by the village in processing the application. These expenses must be paid to the village prior to the village issuing its sign permit. If 30 days has expired from the date of notice of expenses referred to in this section, and payment in full has not been made to the village, the applicant for the sign permit shall be deemed rejected by the village irrespective of how the board of trustees has previously ruled.

Sec. 3-52. – Maintenance.

Every sign including, but not limited to, those for which permits or for which no permits are required, shall be maintained in a safe, presentable, and good structural material condition at all times, including the replacement of defective parts, painting, repainting, cleaning, and all other acts required for the maintenance of such signs. All signs in existence as of the effective date of the ordinance from which this article is derived shall also be required to maintain, repair, and keep their signs in good structural condition and if any sign face support structure is not maintained so as to prohibit the formation of rust on such base, the village, after

30 days’ notice of the violation of this section, shall cause the removal of such sign. Any owner of such sign being in violation of the section shall be served with a notice of their violation to continue to maintain such sign in a proper fashion, and if such sign is not repaired within 30 days from receiving a notice of the violation, such owner of the sign shall be deemed in violation of this section. Each day, after the 30-day notice to repair, that the sign remains unrepaired, the owner of such sign shall be liable to the village for a fine of $100.00 per day. In addition to the fine, as set forth in this section, if the sign which is in violation of this section is not made to comply with the adequate safety standards, the village shall require its removal in accordance with this section.

Sec. 3-53. – Removal of signs by the designated village official.

1. The designated village official shall cause to be removed any sign that endangers the public safety such as an

abandoned, dangerous, or materially, electrically, or structurally defective sign or a sign for which no permit has been issued other than those signs exempt. The designated village official shall prepare a notice which shall describe the sign and specifically the violation involved and which states that if the sign is not removed or the violation is not corrected within 30 days, the sign shall be removed in accordance with the provisions of this section.

2. All notices mailed by the designated village official shall be sent by certified mail. Any time periods provided in this article shall be deemed to be commenced on the date of the receipt of the certified mail.

3. The notice shall be mailed to the owner of the property on which the sign is located as shown on the last tax assessment roll. If known, or if reasonable care should be known, the notice shall be made to or delivered to the owner of the sign and the occupant of the property. Any person having an interest in the sign or the property may appeal the determination of the designated village official ordering removal of compliance by filing a written notice of appeal with the Zoning Board of Appeals for the village, within ten days after receipt of the notice.

4. In case of emergencies, the designated village official may cause the immediate removal of the dangerous or defective sign without notice.

5. Any sign removed by the designated village official shall become the property of the village and may be disposed of or in any manner deemed appropriate by the board of trustees. The cost of removal of the sign by the village shall be considered a debt owed to the village by the owner of the sign and the owner of the property and may be recovered by any appropriate court action by the village or by assessment against the property. The cost of removal shall include any and all incidental expenses incurred by the village in connection with the sign removal.

Secs. 3-54—3-99. – Reserved.

ARTICLE III. – ELECTRONIC MESSAGE SIGNS

Sec. 3-100. – Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Electronic message display. A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.

Electronic message displays may be permitted as special uses in the commercial and industrial zoning districts subject to the following requirements:

1. Operational limitations. Such displays shall contain static messages only, changed only through dissolve or fade transitions, or with the use of other subtle transitions and frame effects that do not have the appearance of moving text or images, but which may otherwise not have movement, or the appearance or optical illusion of movement, of any part of the sign, design, or pictorial segment of the sign, including the movement of any illumination or the flashing, scintillating or varying of light intensity. There shall be no blinking; however scrolling is allowed. There shall be no pictures or images allowed on the electronic message display.

2. Minimum display time. Each message on the sign must be displayed for a minimum of once every ten seconds.

Dissolve. A mode of message transition on an electronic message display accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lost legibility simultaneously with the gradual appearance and legibility of the second message.

Fade. A mode of message transition on an electronic message display accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.

Frame. A complete, static display screen on an electronic message display.

Frame effect. A visual effect on an electronic message display applied to a single frame to attract the attention of viewers.

Transition. A visual effect used on an electronic message display to change from one message to another.

Sec. 3-101. – Regulations.

1. Only one electronic message display may be installed on each property.

2. All electronic message displays are prohibited from being a freestanding sign or secondary sign.

3. The width of an electronic message display cannot exceed the width of the primary sign on the same pole.

4. The maximum square footage on the main sign and the electronic message display may not exceed 100 square feet. Each electronic message display’s total area may not exceed 20 square feet.

5. The electronic message display must be located below the primary sign.

6. No electronic message display may display words that may confuse the driving public, such as “stop,” “beware,” “caution,” etc.

7. Each property requesting an electronic message display must have a minimum of 250 linear footage to qualify for said signage and a distance of a 750-foot radius from any other electronic message display sign.

8. Only one electronic message display is allowed per pole, including monument signs.

9. All electronic message displays must be mounted on a pole or base and are not allowed on the surface or roofs of buildings.

10. An electronic message display advertising must pertain to the businesses on which the property is located, except for a municipal electronic message display.
11. All electronic message displays must be turned off when the business is not operating.

12. Each electronic message display shall be maintained in a safe, neat and orderly condition and appearance and shall be repainted or otherwise maintained periodically to prevent corrosion or deterioration caused by weather, age or other conditions.

Sec. 3-102. – Violation; fine.

Any party found in violation of the terms of this article is subject to a fine of not less than $75.00 to $750.00 per day.

Sec. 3-103. – Application.

Prior to the installation of any electronic message display, the owner shall file an application with the Village of New Milford, Illinois, and pay an application fee as set forth in the village’s zoning, land use and development permit fee schedule which may be amended by the village from time to time by resolution or ordinance.

(Ordinance No. 2021-08)

CHAPTER 4 ALCOHOLIC BEVERAGES ARTICLE 1. GENERAL

Sec. 4-1. DEFINITIONS.

Unless the context otherwise requires, the following terms as used in this chapter shall be construed according to the definitions given below.

ALCOHOL. “Alcohol” means the product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not include denatured alcohol or wood alcohol.

ALCOHOLIC LIQUOR. “Alcohol Liquor” means any spirits, wine, beer, ale, or other liquid containing more than one-half percent (1/2%) of alcohol by volume, which is fit for beverage purposes.

BEER. “Beer” means a beverage obtained by the alcoholic fermentation of an infusion or concoction or barley, or other grain, malt, and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like.

CLUB. “Club” means a corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale and consumption of alcoholic liquors kept, used and maintained by its organization to provide a meeting place by either owning said building or leasing of the same suitable and adequate for the reasonable, comfortable use and accommodation of its members and guests and to be staffed with a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and guests.

MINOR. “Minor” means any person under the age of twenty-one

(21) years of age.

RETAIL SALE. “Retail Sale” means the sale for use or consumption and not for resale.

RESTAURANT. “Restaurant” means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals actually are served and regularly served, and without sleeping accommodations, such space being

provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests.

ARTICLE II. RETAIL LICENSE

Sec. 4-2. REQUIRED; SALES IN VIOLATION OF TERMS OF LICENSE.

It shall be unlawful to sell or offer for sale at retail in the village any alcoholic liquor without having a retail liquor dealer’s license, or in violation of the terms of such license.

Sec. 4-3. APPLICATION; CONTENTS; FALSE STATEMENTS IN APPLICATION.

Applications for licenses required by this Article shall be made to the Village President and Board of Trustees in writing, signed by the applicant if an individual, or by a duly authorized agent thereof if a club or corporation, verified by oath or affirmation and shall contained the following statements and information:

1. The name, age, address, social security number, citizenship, place of birth, and if a naturalized citizen, the time and place of naturalization, of the applicant in case of an individual; in the case of a co-partnership, the persons entitled to share in profits thereof; and in the case of a corporation, the objects for which organized, the date and state of incorporation, the names, dates of birth, social security numbers, and addresses of the officers and directors, and, if a majority interest of the stock of such corporation is owned by one (1) person or his or her nominee, the name and address of such person;

2. The character of the business of the applicant;

3. The location and description of the premises or place of business which is to be operated under the license;

4. Whether the applicant seeks to sell alcoholic liquor upon the premises as a restaurant, and if so, whether the premises are maintained and held out to the public as a place where meals are actually and regularly served and whether the premises have adequate and sanitary kitchen and dining room equipment and capacity with sufficient employees to prepare, cook and serve suitable foods;
5. If applicant is a club, whether it has the qualifications described in the Illinois Act relating to alcoholic liquors;

6. Whether the applicant owns the premises for which the license is sought, and if not, whether the applicant has a lease on such premises covering the full period for which the license is sought, giving the name and address of the lessor and the period covered by the lease;

7. Whether the applicant is licensed as a food dispenser, giving that license number if applicable;

8. Whether the location of applicant’s business for which the license is sought is within 100 feet of any church, school, hospital, home for aged or indigent persons or for veterans, their wives or children, or any military or naval station;

9. Whether any manufacturer, distributor or importing distributor has directly or indirectly furnished, loaned or rented any interior decorations other than signs for inside or outside use, costing in the aggregate more than $100.00 in any one calendar year for use in or about the premises for which the license is sought;

10. Whether any manufacturer, distributor or importing distributor has directly or indirectly paid or agreed to pay for this license, advanced money or anything else, or any credit (other than merchandise credit in the ordinary course of business for a period not to exceed 90 days), and whether such a manufacturer, distributor, or importing distributor is directly or indirectly interested in the ownership, conduct or operation of the place of business (interior decorations and signs referenced above exempted);

11. Whether there is any sign or advertisement on the proposed premises using the word ‘saloon’ or ‘bar’?

12. Whether the applicant is engaged in the manufacture of alcoholic liquors, giving the place of manufacture, if applicable;

13. Whether the applicant is conducting the business of an importing distributor of alcoholic liquors;
14. Whether an individual applicant, or any partner of a partnership applicant, or any officer, manager, or director of a corporate applicant, or any stockholder or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, has ever been convicted of any felony under any Federal or State Law, giving the name of the person so convicted, the date and the offense, if applicable;

15. Whether an individual applicant, or any partner of a partnership applicant, or any officer, manager, or director of a corporate applicant, or any stockholder or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, has ever been convicted of a violation of any Federal or State liquor law, giving the name of the person so convicted and the date, if applicable;

16. Whether an individual applicant, or any partner of a partnership applicant, or any officer, manager, or director of a corporate applicant, or any stockholder or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, has ever been convicted of being the keeper of a house of ill fame or of pandering or any other crime or misdemeanor opposed to decency and morality, giving the name of the person so convicted, the date and the offense, if applicable;

17. Whether an individual applicant, or any partner of a partnership applicant, or any officer, manager, or director of a corporate applicant, or any stockholder or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, has ever permitted an appearance bond forfeiture for any of the violations referenced above;

18. Whether an individual applicant, or any partner of a partnership applicant, or any officer, manager, or director of a corporate applicant, or any stockholder or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, has made application for a similar license for this period for any premises other than those described above, giving the name of the applicant, the location of the premises, and the date and disposition of the application, if applicable;

19. Whether any law enforcing official, mayor, alderman, member of a city council or commission, member of a village board of trustees, or member of a county board, is

directly or indirectly interested in the business for which the license is sought;

20. Whether any license previously issued by the State, Federal or local authorities to an individual applicant, or to any partner of a partnership applicant, or to any officer, manager, or director of a corporate applicant, or any stockholder or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, has been suspended or revoked, giving the name of the licensee and the reasons and date of said suspension or revocation, if applicable;

21. Whether the business will be conducted by a manager or agent, giving that person’s name, address, and the authority conferred upon him or her by the corporation with relation to the operation or management of the business for which the license is sought, if applicable;

22. The applicant’s Retail Occupational Tax Number; and

23. The type of license applied for.

Sec. 4-4. PERSONS NOT ENTITLED TO LICENSE.

No license required by this Article shall be issued to:

1. A person who is not of good character and reputation in the community in which he resides;

2. A person who is not a citizen of the United States;

3. A person who has been convicted of a felony under any Federal or State law, unless the Commission determines that such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in such person’s application and the Commission’s investigation. The burden of proof of sufficient rehabilitation shall be on the applicant; (Ordinance No. 2017-41)

4. A person who has been convicted of being the keeper of or who is a keeper of a house of ill fame;

5. A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;
6. A person who has been convicted of a felony under any Federal or State law, unless the Commission determines that such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in such person’s application and the Commission’s investigation. The burden of proof of sufficient rehabilitation shall be on the applicant. (Ordn. 2017-41)

7. A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application;

8. A co-partnership, unless all of the members of such co- partnership shall be qualified to obtain a license;

9. A corporation, if any officer, manager, or director thereof, or any stockholder or stockholders owning in the aggregate more than five (5) percent of the stock of such corporation would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the political subdivision;

10. A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required of the licensee;

11. A person who has been convicted of a violation of any Federal or State law concerning the manufacture, possession or sale of alcoholic liquor, or who shall have forfeited his bond to appear in court to answer charges of any such violation;

12. A person who does not own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is issued;

13. Any law reinforcing public official, the Village President or any member of the Board of Trustees; no such official shall be interested in any way, either directly or indirectly in the manufacture, sale or distribution of alcoholic liquor;

14. A person not eligible for a state retail liquor dealers license;

15. Any person or any store or other place of business where the majority of the customers are minors or where the main business is selling of school books, school supplies, food or drink to such minors.

Sec. 4-5. CLASSIFICATION OF LICENSES; SCOPE; FEES.

Every person, firm, or corporation engaged in business in the retail sale of alcoholic liquor in the Village shall pay a license fee. Licenses shall be classified in the following manner with the appropriate license fee listed herein:

1. Class A. Class A license which shall authorize the retail sale of alcoholic liquor for the consumption on the premises as well as retail sale of alcoholic liquor in packages or bottles not for consumption on the premises; said license may also permit said sales in packages or bottles on the premises, immediately adjacent to those licensed premises where alcoholic liquor is consumed, when said premises are operated under the same name, same ownership, and within the same common building, each day of the week. The fee for such license shall be One Thousand One Hundred Dollars ($1,100.00) per year. This liquor license shall only be applicable for Monday through Saturday sales.

2. Class B. Class B license shall authorize the retail sale on the premises specified of beer and wine only, for consumption on the premises, as well as other retail sales of alcoholic liquor and packages or bottles not for consumption on the premises of beer and wine only. The fee for such license shall be Four Hundred Fifty Dollars ($450.00) per year. This liquor license shall only be applicable for Monday through Saturday sales.

3. Class C. A Class C liquor license shall be issued for a Class A, Class B, or Class E license but shall authorize the sale of the specific alcoholic beverages indicated for each class for Sunday sales only. The fee for such license shall be Three Hundred Fifty Dollars ($350.00).

4. Class D. There is hereby created a Class of “daily” or “temporary” liquor license which shall authorize the retail sale of alcoholic liquor on a one day basis only. This license may be renewable for three consecutive days by the same license holder upon application being made to the Board of Trustees for the Village of New Milford. There shall also be a limit of four licenses issued in any calendar year including the

license issued annually to the Village of New Milford for the purpose of any Village picnic to be held in the Village. The hours of sale of alcoholic beverages for any Class D license shall be set by the Board of Trustees of the Village of New Milford at the time of the issuance of said license. The fee for such license shall be Three Hundred Dollars ($300.00) per day. Any not-for-profit organization may request a waiver of the license fee from the Board of Trustees of the Village of New Milford at the time of their application.

5. Class E. A Class E liquor license shall authorize the dispensing of alcoholic beverages for consumption on the premises only for parties, weddings, banquets or other social events. This license shall specifically be applicable to clubs as defined in Section 4-1 herein. This liquor license shall be applicable for a time period not to exceed six (6) days and only for those days falling on a Monday through Saturday inclusive. The fee for such license shall be Six Hundred Fifty Dollars ($650.00) for each six-day license issued. Should the license be issued for less than six days, the fee shall still be Six Hundred Fifty Dollars ($650.00).

6. Class F. A Class F license shall authorize the retail sale on the premises specified of beer and wine only in packages or bottles not for consumption on the premises. The fee for such a license shall be Three Hundred Fifty Dollars ($350.00) per year. This license shall be applicable and allow the holder of said license to sell alcoholic beverages seven (7) days a week.

7. Class G. A Class G liquor license shall be issued for a Class A or Class B license, but shall authorize the sale of the specific alcoholic beverage indicated for consumption on the premises only for each class for Friday and Saturday sales until 3:00 A.M. the following day. (Ordn. 2006-10)

Class A        $1,100.00

Class B        $1,100.00

8. Class H. A Class H liquor license shall be issued for a Class A or Class B license but shall authorize the sale of the specific alcoholic beverage indicated for each class for Sunday sales only.

Class A        $600.00

Class B        $600.00

9. Class I. A Class I license shall authorize the retail sale on the premises specified of alcoholic liquor only in packages or bottles not for consumption on the premises. The fee for such a license shall be Eight Hundred Fifty Dollars ($850.00) per year. This license shall be applicable and allow the holder of said license to sell alcoholic liquor seven (7) days a week.

This license shall be applicable to a Caterer Retailer. A “Caterer Retailer” is defined as a person or entity who serves alcoholic liquors for consumption either onsite or offsite, whether the location is licensed or unlicensed, as an incidental part of food service. Prepared meals and alcoholic liquors are sold at a package price agreed upon under contract. Further, a Caterer Retailer license shall allow the holder to serve alcoholic liquors as an incidental part of a food service that serves prepared meals which excludes the serving of snacks as the primary meal, either on or offsite whether licensed or unlicensed. (Ordinance No. 2017-40)

10. Class J. A Class J license shall authorize the retail sale on the premises specified of alcoholic liquor containing at least 40 percent alcohol by volume only in packages or bottles not for consumption on the premises. The fee for such a license shall be Four Hundred Fifty Dollars ($450.00) per year. This license shall be applicable and allow the holder of said license to sell alcoholic liquor containing at least 40 percent alcohol by volume seven (7) days a week.

11. Class K. Any holder of a Class A, B, C, or G liquor license may apply for a Class K license, which Class K license shall be required, in order for the applicant to have, locate, operate, or maintain Video Gaming Terminals (as defined under the Illinois Video Gaming Act, 230 ILCS 40/1 et seq.) within the Class A, B, C, or G licensed establishment. Any person holding a Class K license shall comply with all provisions of the Illinois Video Gaming Act. The annual fee for a Class K license shall be $500.00 and which fee shall be in

additional to the annual Class A, B, C, or G license fee.

12. Class “BB” (Bar-Boutique Gaming). Class “BB” shall authorize the retail sale of alcoholic liquor on the premises specified for consumption on the premises only provided the licensed premises also has, locates, maintains and lawfully operates Video Gaming Terminals (as defined under the Illinois Video Gaming Act, 230 ILCS 40/1 et seq.) within the Class “BB” licensed establishment. The annual fee for such license shall be

$5,000.00.”

A Class “BB” License and the holder thereof, shall be subject to the following limitations:

1. The licensed premises shall not exceed 2,000 square feet.

2. Live music, DJ, karaoke, and/or juke boxes are prohibited on the licensed premises. Notwithstanding the foregoing, a music system, operated solely by the licensee, shall be permitted so long as such system is operated at such levels so as to not be heard outside of the licensed premises.

3. Licensee shall not be permitted to have a patio or beer garden of any kind.

4. No alcohol related signs which are visible from the outside of the licensed premises shall be permitted on the licensed premises.

5. No games, other than the Video Gaming Terminals as defined under the Illinois Video Gaming Act,

230 ILCS 40/1 et seq., shall be permitted on the licensed premises, including, but not limited to, pool tables, dartboards, and shuffle board. (Ordinance No. 2014-1)

13. For Classes A, B, C, G, and K the number of licenses issued by the Village of New Milford shall be limited in number and in geographical areas as stated as follows:

1. From South Bend Road to Leonard Road five

(5) liquor licenses.

2. From South Bend Road to Baxter Road five (5) liquor licenses.

3. From the Baxter Road intersection with Route I-39 to 11th Street five (5) liquor licenses.

The restriction on the number of licenses stated above are applicable to Class A, Class B, and Class K licenses only. (Ordinance No. 2014-2)

Sec. 4-6. RESTRICTION ON SERVING HOURS OF ALCOHOLIC BEVERAGES

1. All holders of Class A, Class B, Class E, Class F, and Class I, and Class J liquor licenses may be open for business and serve alcoholic beverages Monday through Saturday from 6:00 a.m. until 2:00 a.m. the following day.

2. All holders of Class C, Class F, Class I, and Class J liquor licenses may be open for business and serve alcoholic beverages each Sunday from 10:00 a.m. until 12:00 midnight.

3. All holders of Class A, B, E, F, I, and J liquor licenses may be open for business and serve alcoholic beverages until 3:00 a.m., Monday through Saturday, on New Year’s Eve. The holder of a Class C liquor license may be open for business and serve alcoholic beverages upon any Sunday provided it falls on New Year’s Eve until 3:00 a.m.

4. DELETED (Ordinance No. 2021-07)

Sec. 4-7. PAYMENT OF ANNUAL LIQUOR LICENSE FEE.

Payment of all license fees covered by this Chapter shall be paid on or before the 1st day of May of each year.

Sec. 4-8. ISSUANCE OF LICENSE.

1. Prior to the issuance of any new liquor license, prior to the issuance of any renewed liquor license at the discretion of the Liquor Commission, the applicant shall have the premises that will be covered by the liquor license inspected by the Winnebago County Building Department in order to verify compliance with all applicable building, property maintenance, and fire and

health codes of the State of Illinois, County of Winnebago and Village of New Milford.

2. Upon successful completion of the inspection, if required, and upon the approval of the Village President and Board of Trustees of the application for a license required by this Article, the Village President shall issue to the person or entity applying therefore a license signed by the Village President to sell alcoholic beverages under the provisions of this Article, indicating the classification under which the license is issued, the term for which said license is granted and an indication that the fee has been paid in full.

Sec. 4-9. DISPOSITION OF FEES.

All fees shall be paid to the Village Clerk and forthwith turned over to the Village Treasurer at the time an application for license required by this Article is submitted to the Board of Trustees. In the event that the license applied for is denied, the fee shall be returned to the applicant. If the license is granted, then the fee shall be deposited in the general corporate account or in such other fund as shall be designated by the President and Board of Trustees.

Sec. 4-10. LICENSE TERM; PRORATING FEES.

Each license issued pursuant to this chapter shall terminate on the last day of March, following the date of issuance. The fee to be paid shall be reduced in proportion to the full calendar months which have expired in the year prior to the issuance of the license. There shall be no refund to owners of licenses that are cancelled prior to expiration by virtue of the sale of the business or for any other reason.

Sec. 4-11. RECORD OF LICENSES REQUIRED.

The Village Clerk shall keep a complete record of all licenses issued by him/her pursuant to this article.

Sec. 4-12. ALCOHOLIC BEVERAGE DISPENSING – LOCATION.

All liquor licenses of any kind, issued by the Village of New Millford, shall state the geographical location where the person

or entity who is issued said license is authorized to sell or distribute the alcoholic beverages. Said person or entity granted authority by the Village to sell alcoholic beverages are prohibited from selling alcoholic beverages in any location other than that designated on the liquor license.

The location may be changed only upon the written permission of the Village President. No change of location shall be permitted unless the proposed new location is proper for the retail sale of alcoholic liquor under the laws of the State of Illinois and other ordinances of this Village.

Sec. 4-13. PERSONAL NATURE OF LICENSE; TRANSFERABILITY.

A license issued pursuant to this Article shall be purely a personal privilege, good for not to exceed one (1) year after issuance thereof unless sooner revoked and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Said license shall cease upon the death of the licensee and shall not descend by the laws of testate or intestate, provided that the executors or the administrators of the estate of any deceased licensee and the trustee of any insolvency or bankruptcy licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale of alcoholic liquor under the order of the appropriate court and may exercise the privileges of the deceased or insolvent licensee after the death of such decedent or during the pendency of the bankruptcy until the expiration of the license, but not longer than six (6) months after the death or the filing of insolvency of said licensee. For the purpose of bankruptcy, the insolvency referred to herein refers to a filing under Chapter 7 of the United States Bankruptcy Code.

It shall be unlawful for any owner of a firm, partnership, or for more than five percent (5%) of the stock of a corporation to whom a liquor license has been issued, to sell, transfer, assign, gift or otherwise dispose of any interest whatsoever in said firm, partnership, or of said five percent (5%) of the stock of a corporation without first applying for a new license. A violation of this paragraph shall result in the automatic revocation of the license issued hereunder.

Sec. 4-14. RENEWAL OF LICENSE.

Any person or entity licensed under the provisions of this

Article may renew his license at the expiration thereof if he is then qualified to receive a license and the premises for which such renewal license is sought are suitable for such purposes. The renewal provided for in this section shall not be construed as a vested right which shall in any case prevent the Village from decreasing the number of licenses to be issued within its jurisdiction or to deny renewal of said license.

Sec. 4-15. ENFORCEMENT AND PENALTIES; NOTICE AND HEARING.

1. Enforcement.

1. The Village President and Board of Trustees shall enforce the provisions of this Article and shall send a notice by certified mail to any licensee specifying the nature of any violations by the licensee under this Article. Such notice shall specify the date, time and location of a hearing to be held on any such violation. The hearing shall be held within fourteen (14) days from the mailing of such notice.

2. The Village President or any person designated by him shall serve as the hearing officer. The hearing officer shall determine whether or not a violation of State law or of this Article has occurred and if so, shall determine what penalty shall be invoked. The hearing officer shall notify the licensee of any penalty invoked, in writing, by certified copy, within seven (7) days after the hearing has been completed.

2. Penalties.

1. Revocation or Suspension. The hearing officer may revoke or suspend any license issued under this Article for any violation of any provision of this Article or for any violation of State law.

2. Costs. In the event that a violation of any of the provisions of this Article or of State law are found to have occurred, then, and in that event, the hearing officer may assess any costs for administrative expenses, or fees incurred for the Village of New Milford conducting said hearings.

3. Fine. In lieu of suspension or revocation, a hearing officer may instead levy a fine on the licensee for violations of any provisions of this Article or the State law in addition to the costs set forth in paragraph (b)(2) above of not less than One Hundred Dollars ($100.00) and not more than One Thousand Dollars ($1,000.00) for each violation. Each day in which the violation continues shall constitute a separate violation for the purpose of

the determination of the fine and costs. Not more than Ten Thousand Dollars ($10,000.00) in fines under this subsection may be imposed by the hearing officer against any licensee during the period of the licensee’s license.

Sec. 4-16 BASSET PROGRAM

1. For licenses issued on or after April 1, 2008, the Village of New Milford Liquor Commission may, at its discretion, request that licensees complete a State certified Alcohol Sellers and Servers Education and Training (BASSET) program for all persons who sell or serve alcoholic beverages, all management personnel working on premises, and anyone whose job description entails the checking of identification for the purchases of alcoholic beverages, pursuant to that license. Said program shall be completed within sixty (60) days of the date of the request by the Liquor Commission.

2. A state certified BASSET training program shall be defined as a BASSET program licensed by the State of Illinois Liquor Control Commission (ILCC) as required by 235 ILCS 5/3-

12 (11.1) and 6-27 and Title 77 of Illinois Administrative Code, Chapter XVI, Section 3500. All licensed BASSET providers shall be required to have on file all licenses and certificates to prove current qualifications and provide a certificate of course completion and a card (a picture type ID is optional) to participants as proof of completion.

3. A photocopy of certificate of completion for all owners, managers, employees, or agents required by the Liquor Commission to have BASSET training shall be maintained by the licensee in a manner that will allow inspection, upon demand, by any designee of the state or local liquor control authorities.

4. Municipalities and licensees must honor all State of Illinois Liquor Control Commission (ILCC) BASSET approved programs.

Sec. 4-17.   DUTY TO EMPLOY A SECURITY OFFICER.

On licensed premises where dancing is permitted, or where, in the judgment of the Liquor Control Commission, it is necessary for the purpose of keeping order, or where, in the judgment of the Commission, the parking or departing of automobiles is obstructing

or endangering traffic or causing a public nuisance, it shall be the duty of the licensee, upon the request of the Commission, to engage a professional security officer, not an employee of the licensee, at the expense of the licensee during such hours as it may be deemed necessary by the Commission.

Sec. 4-18a. PATRONS ON PREMISES AFTER CLOSING HOURS.

It shall be unlawful for any person, other than a licensee or his employees or agents, to remain on or about licensed premises beyond fifteen (15) minutes after the serving hours established under Section 4-6 of this Chapter.

Sec. 4-18b. INSPECTIONS OF PREMISES.

The premises used by a licensee for the retail sale of alcoholic liquor shall be open at all times to inspection by any law enforcement officer, authorized inspector or members of the Village Board. The failure or refusal to permit and allow such entry and inspection may be the basis for suspension of the license and the rights and privileges granted therewith to the licensee for the premises sought to be inspected after a hearing as required under state law.

Sec. 4-19. DISORDERLY OR ILLEGAL CONDUCT ON THE PREMISES; DUTY TO REPORT.

1. The licensee shall at all times keep good order in, upon and about the premises, and it shall be unlawful for a licensee to permit noisy, disorderly or obscene conduct in, upon or about the licensed premises.

2. It shall be unlawful for any licensee or any employee or agent of the licensee to engage in any activity or conduct, or to allow any other person to engage in any activity or conduct, in, upon or about the licensed premises, which is prohibited by any ordinance of the Village, state law or law of the United States.

3. Each licensee and each of his or her employees or agents shall promptly report to the Winnebago County Sheriff’s Department any incident occurring in, upon or about the licensed premises and in his or her knowledge or view relating to the commission of any crime including any violation of this Chapter and shall truthfully and fully answer all questions and investigations of any identified Sheriff’s Deputy who makes inquiry concerning any persons in, upon

or about the licensed premises and any events taking place in, upon or about the licensed premises, and shall cooperate fully in any such investigation, including the giving of any oral or written statements at such reasonable times and in such reasonable locations to any Sheriff’s Deputy engaged in said investigation.

4. Each licensee shall maintain on each licensed premises not less than one telephone in good operating order which phone must be within easy access of the bartender or other responsible person in charge of the premises at all times for the purpose of reporting to the Sheriff’s Department incidents occurring in, upon or about the licensed premises.

Sec. 4-51. EMPLOYMENT OF MINORS.

1. It shall be unlawful for any licensee to employ any person under the age of twenty-one (21) years to mix, handle, or dispense alcoholic liquor. Bartenders must be twenty-one (21) years of age or older.

2. It shall be unlawful for any licensee to employ any person under the age of eighteen (18) years to ring up liquor sales at checkout counters for the sale of packaged goods.

3. Employees other than defined above may be eighteen (18) years of age in any place in the Village to serve alcoholic liquor. Waitresses, waiters or any other persons serving alcoholic liquor must be eighteen (18) year of age or older.

CHAPTER 5 AMUSEMENTS

RESERVED

CHAPTER 6 ANIMALS

Sec. 6-1. DEFINITIONS.

Unless the context otherwise requires, the following terms as used in this ordinance shall be construed according to the definitions given below:

DOMESTIC AND/OR FARM ANIMALS. Horses, cows, cattle, swine, sheep, goats, donkeys, mules, burrows, asses, rabbits, ferrets, mink or any animal raised and/or kept for the purpose of work, meat, milk, or pelt fur or skin.

DOMESTIC AND/OR FARM FOWLS. Chickens (large or bantam), ducks, geese, turkeys, guineas, or any fowls raised and/or kept for the purpose of meat, eggs, or plumage.

PETS. Dogs, cats, birds, or any animal large or small, fowl large or small, fish or reptiles owned or kept as a family or household pet.

STABLES, PENS, STIES, AND HUTCHES. Herein defined as any place, enclosure, or premises, domestic or farm animals are housed or kept.

COOPS, LOFTS, PENS, OR RUNWAYS. Herein defined as any place, enclosure, or premises, domestic and/or farm fowl are housed or kept.

KENNELS. Any establishment, or premises wherein or whereon, dogs are kept for the purpose of breeding, boarding, sale, exchange, or sporting.

CATTERIES. Any establishment, or premises, wherein cats are kept for the purpose of breeding, boarding, sale, exchange or sporting.

PET AND/OR ANIMAL DEALERS. Any person engaged in the business of dealing in domestic or farm animals, domestic, and/or farm fowl, and or pets.

VETERINARY HOSPITAL. Any place institution, or enclosure used for harboring or reception for care and treatment of any animals, domestic and/or farm, fowl, domestic and/or farm, and pets.

VILLAGE POUND. Any place, or enclosure designated by the President, and Board of Trustees, to be used for the impounding of any animals or dogs found running at large in the Village of New Millford, Illinois, contrary to any of the provisions of the ordinances of the Village of New Millford, Illinois.

Sec. 6-2. DOG RUNNING AT LARGE – GENERALLY.

1. No dog shall be permitted to run at large within the Village, unless said animal is secured on the owner’s premises in a fenced in area or by a leash.

2. Any dogs found running at large are declared to be a public nuisance and subject to be abated destroyed and removed.

3. If any owner or possessor of a dog shall permit the same to run at large at any time within the limits of the Village, he shall be subject to the penalties imposed by this code.

Sec. 6-3. STABLES, PENS, STIES, AND HUTCHES.

It shall be unlawful for any person to keep, harbor, or maintain a stable, pen, sty, hutch, coop, loft or runway, within the Village of New Millford, Illinois.

Sec. 6-4. CRUELTY TO ANIMALS.

It shall be unlawful for any person to be guilty of cruelty to any animal by overloading, overdriving, overworking, beating, torturing, tormenting, mutilating, failing to provide any animal in his charge or custody as owner or otherwise, with proper food, drink, and shelter, abandon any animal or any age or condition, or causing or knowingly allow the same to be done.

Sec. 6-5. KILLING PROHIBITED.

It shall be unlawful to kill, or attempt to kill or wound, by the use of firearms, air gun, bow and arrow, pelting with stone or otherwise, or by the use of snip-snaps or sling shot, any bird or squirrel within the Village of New Millford, Illinois.

Sec. 6-6. REMOVAL OF DEAD ANIMALS.

Any person having a dead animal, or an animal past recovery which is not killed for meat, or is improper to use as meat, or in an offensive condition, or sick with an infectious or contagious disease on his premises within the Village of New Millford, Illinois, and every person whose animal or any animal in his charge or under his control in any street or place may

die or become, or be in a condition past recovery, shall at once remove or cause the removal of such animal.

Sec. 6-7 through 6-15. RESERVED. Sec. 6-16. LICENSE AND FEE REQUIRED.

Every person within the Village owning, keeping, or harboring any dog within the Village, shall register the dog with the Winnebago County Health Department Animal Control Division, who shall keep a record of all dogs so registered. It shall be the further duty of such person to pay such assessed fee to the Winnebago County Health Department Animal Control Division, and each dog licensed shall have a rabies tag.

Sec. 6-17. COLLAR AND BADGES REQUIRED TO BE WORN BY ANIMALS.

Every person keeping or harboring any dog licensed under the provisions of this Article shall keep and maintain a collar around the neck of the dog with rabies badges and badges required by the County fastened thereto. Every dog found in the Village without such badges shall, for the purpose of this Article be deemed an unlicensed dog.

Sec. 6-18. REDEMPTION FEE – UNREDEEMED DOGS.

For every dog taken up and impounded, as provided in this Article for which no license fee has been paid there shall be paid to the Village Clerk for the pound masters fee and the use of the Village, by any person desiring to purchase or redeem such dog the following fees; a purchase or redemption fee of Five Dollars ($5.00), a license fee of One Dollar ($1.00) for male dogs, Two Dollars ($2.00) for female dogs for the license year, and the sum of One Dollar ($1.00) to be paid to the pound master for taking up and or impounding such dog. Two Dollars ($2.00) of the purchase or redemption fee shall be paid to the pound master. Any person purchasing or redeeming any such dog shall, in addition to the above fees, pay to the. Village Clerk the cost of keeping any such dog while in the pound at the rate of not to exceed One Dollar ($1.00) per day or fraction thereof. If such amounts are paid by any person desiring to redeem or purchase any such dog so impounded within three (3) days after the impounding thereof, such person shall be entitled to redeem or purchase such dog. If such dog not be redeemed within three

(3) days after being impounded, such dog may be destroyed or taken to the Humane Shelter at the discretion of the Pound Master and/or the approval of the Humane Shelter.

Sec. 6-19. NUMBER OF DOGS – LIMITATION

1. Except as hereinafter provided, it shall be unlawful for any person, persons, associations or corporations to keep more than two (2) dogs over four months of age of either sex in any home, trailer, pen, yard, or building within the Village of New Millford.

2. Any person, persons, associations or corporations desiring to keep more than two (2) dogs as described in paragraph (a) hereof, shall first obtain the appropriate zoning and a Small Animal Dealers License.

3. The annual license fee for a Small Animal Dealers License required by any person, persons, associations or corporations owning or keeping, for any purpose, more than two

(2) dogs as described in paragraph (a) hereof, shall be Twenty- five Dollars ($25.00).

Sec. 6-20 through 6-30. RESERVED.

Sec. 6-31. KENNELS FOR BREEDING AND BOARDING PROHIBITED.

No kennels for the breeding or boarding of dogs shall be allowed in the Village.

Sec. 6-32 through 6-40. RESERVED.

Sec. 6-41. CATTERIES – CONFINING ANIMALS TO LIMITS’ OF PREMISES.

No cat shall be permitted to stray or be taken anywhere outside the limits of the cattery, unless such animal is on a leash, or is taken out temporarily for the purpose of breeding, trial, show, or exhibition.

Sec. 6-42. CATTERIES – SANITATION REQUIREMENTS.

All catteries shall be kept free and clean from any decaying food and from filth of any kind. The cattery, buildings and pens shall be white-washed or disinfected from time to time and shall be kept in a sanitary condition satisfactory to the commissioner of health of the Village of New Millford.

Sec. 6-43. CATTERIES – INSPECTION.

The Winnebago County Health Department Animal Control Division shall periodically inspect each such cattery to determine the provisions of this ordinance are being complied with.

Sec. 6-44 through 6-50. RESERVED.

Sec. 6-51. PET AND/OR ANIMAL DEALERS – CONFINING PETS AND/OR ANIMALS TO LIMITS OF PREMISES.

No pet or other animal shall be permitted to stray or be taken outside the limits of the dealer’s premises, unless such pet or other animal is on leash, sold, or is taken out temporarily for the purpose of trial, show, or exhibition.

Sec. 6-52. PET AND/OR ANIMAL DEALERS – SANITATION REQUIREMENTS.

All pet and animal, dealers premises shall be kept free and clean from any decaying food and from filth of any kind.        The dealer’s buildings and pens shall be white-washed or disinfected from time to time and shall be kept in a sanitary condition satisfactory to the Winnebago County Health Department Animal Control Division.

Sec. 6-53. PET AND/OR ANIMAL DEALERS – INSPECTION.

The Winnebago County Health Department Animal Control Division shall periodically inspect each such pet and animal dealer’s establishment to determine whether the provisions of this ordinance are being complied with.

Sec. 6-54 through 6-60. RESERVED.

Sec. 6-61. VETERINARY HOSPITAL – SANITATION REQUIREMENTS.

All veterinary hospitals shall be kept free and clean from decaying food and from filth of any kind. All parts of such buildings, premises, or enclosures shall be disinfected from time to time and shall be kept in a sanitary condition satisfactory to the Winnebago County Health Department Animal Control Division.

Sec. 6-62. VETERINARY HOSPITAL – INSPECTION.

The Winnebago County Health Department Animal Control Division shall periodically inspect each such place of business to determine whether the provisions of this ordinance are being complied with.

Sec. 6-63 through 6-70. RESERVED.

Sec. 6-71. LICENSE.

1. It shall be unlawful for any person, firm, or corporation to engage in the business or occupation of kennel, cattery, pet and/or animal dealer, or Veterinary Hospital within the limits of the Village of New Millford, Illinois without first having obtained a license therefore, in accordance with the terms and provisions of this ordinance. No person shall be deemed fully licensed until a license has been issued and

delivered to the applicant therefore. A separate license shall be required for each location, place or premises where such business or occupation is proposed to be carried on.

2. Application for such license shall be made to the Village Clerk in writing, signed by the applicant if an individual, or by a duly authorized agent thereof, if a firm or corporation, verified by oath or affidavit, and shall further contain the following information and statements.

1. The name and address of the applicant in case of an individual, the name and address of the firm or corporation and the name of the authorized agent of the firm or corporation.

2. The character of business of the applicant.

3. The location and description of the premises or place of business which is to be operated under such license.

4. A statement that the applicant has or has not made similar application for a similar or other license in premises other than described in this application, and the disposition of such application.

5. A statement that the applicant will not violate any of the laws of the United States, the State of Illinois, or any ordinance of the Village of New Millford, Illinois.

Sec. 6-72. LICENSE AND FEES.

1. License for kennels, catteries, pet and/or animal dealers and Veterinary Hospitals, and the fees therefore shall be as follows:

1. The license fee for kennels shall be $25.00.

2. The license fee for catteries shall be $25.00.

3. The license fee for pet and/or animal dealers shall be $25.00.

4. The license fee for a Veterinary Hospital shall be

$25.00.

2. Applicants for a license hereunder shall, at the time of application for such license, pay to the Village Clerk at the annual rate specified for the type of license for which he makes application. In the event the license applied for is denied, the fee shall be returned to the applicant; if the license is granted the fee shall be deposited in the General Fund.

3. All license provided for by this ordinance shall terminate and expire on the 31st day of December next after the issuance thereof.

Sec. 6-73. RESTRICTIONS ON LICENSE.

No license shall be issued to:

5. A person who is not of good character and reputation in the community in which he lives.

6. A person whose license issued under this ordinance has been revoked for cause.

7. A firm or corporation, unless the owners or officers of such firm or corporation shall be qualified to obtain a license.

Sec. 6-74 through 6-90. RESERVED.

Sec. 6-91. The Winnebago County Health Department Animal Control Division is hereby authorized to enforce the .provisions of this ordinance.

Sec. 6-92. Except as provided to the contrary under this chapter, any person who violates any provisions of this chapter shall, upon conviction, be subject to a fine of not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200.00) for each offense.

CHAPTER 7

BUILDING AND BUILDING REGULATIONS

Sec. 7-1. Building Codes. The following building codes will be adopted and approved for enforcement within the Village of New Milford, Illinois:

2015 Illinois Building Code 2015 Illinois Mechanical Code 2014 National Electrical Code 2014 Illinois Plumbing Code

2015 International Energy Construction Code (Ordinance No. 2020-3)

CHAPTER 8

FIRE PREVENTION AND PROTECTION ARTICLE 1. HAZARDOUS MATERIALS

Sec. 8-1. – Definitions. Sec. 8-2. – Prohibited acts.

Sec. 8-3. – Response authority. Sec. 8-4. – Liability for costs. Sec. 8-5. – Defenses.

Sec. 8-6. – Release in accordance with law. Sec. 8-7. – Public duty immunity.

Sec. 8-8. – Contractual indemnification; subrogation. Sec. 8-9. – Costs and penalties.

Sec. 8-1. – Definitions.

As used in this article, the following terms shall have the following meanings:

Costs: All expenses incurred by the Village and/or the New Milford Fire Protection District for any removal or remedial action.

Facility: Any building, structure, installation, equipment, pipe or pipeline including but not limited to any pipe into a sewer or publicly owned treatment works, well, pond, lagoon, impoundment, ditch, landfill, storage container, tank, motor vehicle, truck trailer, rolling stock or aircraft. Also, any site or area where a hazardous material has been deposited, stored, disposed of, abandoned, placed, or otherwise come to be located.

Hazardous materials: Any material, substance or mixture of materials or substances which are toxic, flammable, corrosive, explosive, carcinogenic or radioactive including, but not limited to, any substance or material which is designated a hazardous material pursuant to the “Hazardous Materials Transportation Act” (49 U.S.C.A., sections 1801 et seq.)  in  a  quantity  and  form  which  may  pose  a

substantial present or potential hazard to human health, property or the environment when improperly released, treated, stored, transported, disposed of, or otherwise managed.

Person: Any individual, business, firm, partnership, corporation, limited liability company, association, trust, estate, joint venture or other legal entity, or their legal representative, agent or assign.

Release: Any spilling, leaking, pumping, pouring, emitting, escaping, emptying, discharging, injecting, leaching, dumping or disposing of a hazardous material into or on any land, air, water, well, stream, sewer or pipe so that such hazardous material or any constituent thereof may enter the environment.

Remedial action: Any action consistent with permanent remedy taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous material into the environment, to prevent or minimize the release of hazardous materials so that they do not migrate to cause a substantial present or potential hazard to human health, property or the environment. The term includes, but is not limited to, such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches, or ditches, clay cover, neutralization, cleanup of released hazardous materials or contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, repair or replacement of leaking containers, collection of leachate and runoff, onsite treatment or incineration, provision of alternate water supplies, and any monitoring reasonably required to assure that such actions protect the public health and welfare and the environment.

Removal: The cleanup or removal of released hazardous materials from the environment, such actions as may be necessary or appropriate to monitor, assess, and evaluate the release or threat of release of hazardous materials, the disposal of removed material, or the taking of such action as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare or the environment. The term includes, but is not  limited  to,  security  fencing,  provision  of

alternative water supplies, and temporary evacuation of threatened individuals.

Response: Any removal or remedial action.

Sec. 8-2. – Prohibited acts.

No person shall cause, threaten or allow the release of hazardous materials into the environment unless such release is in accordance with an appropriate permit granted by the state environmental protection agency or other state or federal agency having primary jurisdiction over the release and such release is in such place and manner as will not create a substantial present or potential hazard to human health, property or the environment.

Sec. 8-3. – Response authority.

1. The fire chief of the New Milford Fire Protection District, or his authorized representative, shall have authority to respond to any release or threatened release of hazardous materials within the Village or which affects or may affect the Village, including, but not limited to, any public water supply, wells or sewage treatment works. This authority includes, but is not limited to, remedial action and removal.
2. The fire chief shall report any release or threatened release of hazardous materials to all appropriate Federal, State and local public health, safety and emergency agencies within 24 hours of any substantial release of hazardous materials.
3. The fire chief shall take such remedial or removal action as he may deem necessary or appropriate to respond to the release or threatened release of hazardous material.
4. All Village personnel shall cooperate with and operate under the direction of the fire chief or other person then exercising response authority under this article until such time as the person exercising such response authority has determined that the response is complete or responsibility for response is assumed by the federal, state or local public health, safety or emergency agency having primary jurisdiction over the release or threatened release.

Sec. 8-4. – Liability for costs.

Notwithstanding any other provision or rule of law, and subject only to the defenses set forth in Section 8-5 hereof, the following persons shall be jointly and severally liable for

all costs of removal and remedial action incurred by the Village and/or the New Milford Fire Protection District as a result of a release or threatened release of a hazardous material:

1. The owner and operator of a facility or vessel from which there is a release or substantial threat of release of a hazardous material;
2. Any person who, at the time of disposal, transport, storage or treatment of a hazardous material, owned or operated the facility or vessel used for such disposal, transport, treatment or storage from which there was a release or substantial threat of a release of any such hazardous material;
3. Any person who by contract, agreement, or otherwise has arranged with another party or entity for transport, storage, disposal or treatment of hazardous materials owned, controlled or possessed by such person at a facility owned or operated by another party or entity from which facility there is a release or substantial threat of a release of such hazardous materials;
4. Any person who accepts or accepted any hazardous materials for transport to disposal, storage or treatment facilities from which there is a release or a substantial threat of release of such hazardous substances.

Sec. 8-5. – Defenses.

There shall be no liability under Section 8-4

hereof for a

person otherwise liable who can establish by a preponderance of the evidence that the release or substantial threat of release of a hazardous material and the damages resulting therefrom were caused solely by:

1. An act of God;
2. An act of war;
3. An act or omission of a third party, other than an employee or agent of the defendant, or other than one whose act or omission occurs in connection with a contractual relationship existing directly or indirectly with the defendant (except where the sole contractual arrangement arises from a published tariff and acceptance for carriage by a common carrier by rail), if the defendant establishes by a preponderance of the evidence that:

1. He exercised due care with respect to the hazardous materials concerned, taking into consideration the characteristics of such hazardous material, in light of all relevant facts and circumstances; and

2. He took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions.

4. Any combination of the foregoing.

Sec. 8-6. – Release in accordance with law.

There shall be no liability under this article for any release permitted by state or federal law, but only to the extent that such release is made in accordance with applicable state and federal laws, regulations and permit requirements and the ordinances of the Village.

Sec. 8-7. – Public duty immunity.

There shall be no liability under this article for damages as a result of any actions taken or omitted by the response authority, his agents and employees with respect to an incident creating a danger to public health, welfare or the environment as a result of any release or threatened release of a hazardous material including, but not limited to, actions taken or omitted in the course of rendering:

1. Remedial action or removal under this article;
2. Care, assistance or advice in accordance with this article;
3. Care, assistance or advice in accordance with the national contingency plan pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C.A. Section 9605).
4. Care, assistance or advice in accordance with the Hazardous Material Emergency Response Reimbursement Act (430 ILCS 55/1);
5. Care, assistance or advice at the direction of the response authority;
6. Care, assistance or advice at the direction of an on- site coordinator appointed under said national contingency plan, the Hazardous Material Emergency Response Reimbursement Act, any Village emergency service and disaster plan now in effect or hereinafter adopted or by such other public health, safety or emergency agency exercising jurisdiction over the release or threatened release of a hazardous material.

Sec. 8-8. – Contractual indemnification; subrogation.

1. No conveyance, transfer, sale, indemnification, hold harmless, or similar agreement shall be effective to release the owner or operator of any facility or vessel or any person who may be liable for a release or threat of release under this article from the liability imposed under this article. Nothing in this section shall bar any agreement to insure, hold harmless or indemnify a party to such agreement for any liability under this article.
2. Nothing in this section, including the provisions of subsection (a) hereof, shall bar a cause of action that an owner or operator or any other person subject to liability under this article, or a guarantor, has or would have, by reason of subrogation or otherwise against any person.

Sec. 8-9. – Costs and penalties.

Any person who is liable for the release or threatened release of a hazardous material who fails to pay for or provide removal or remedial action upon or in accordance with a notice and request of the response authority, or in accordance with any order of any court having jurisdiction of the matter, shall be liable to the Village for any costs incurred by the Village and/or the New Milford Fire Protection District, including but not limited to attorney fees and any other costs associated with the enforcement of this section, as a result of such failure to provide or take such removal or remedial action, together with the cost of any removal or remedial action taken by the Village and/or the New Milford Fire Protection District in accordance with this article. In addition, any such person shall be guilty of a violation of this article and shall be fined not less than

$100.00 nor more than $750.00 for each offense. A separate offense shall be deemed committed for each day on which a violation occurs or continues. The Village shall have the right to enforce the provision of this Section on behalf of the New Milford Fire Protection District to recover any costs incurred by the New Milford Fire Protection District related to any remedial or removal action taken by the New Milford Fire Protection District.” (Ordinance No. 2013-7)

CHAPTER 9 GARBAGE AND REFUSE

Sec. 9-1. DUMPSTERS RULES AND REGULATIONS.

1. Dumpsters located within property zoned RR, R1 and R2 are prohibited except for construction/demolition pursuant to a valid building permit. If dumpsters are approved for construction purposes, the dumpsters must be located on private property or may be located on public right-a-way with the approval of the Board of Trustees for the Village of New Milford.

2. Dumpsters are permitted in zoning districts other than RR, R1 or R2 provided such dumpsters are enclosed by a fence of sufficient size to obscure any view of said dumpster.

3. Dumpsters permitted in any zoning district for construction/demolition purposes are not required to be enclosed by a fence. Said dumpsters are only permitted pursuant to a valid building permit, and must be removed when the building permit expires.

4. Dumpsters that are overflowing or have garbage exposed so that debris is blown from the dumpsters are deemed to be a nuisance.

Sec. 9-2. GARBAGE, DEBRIS, ETC. / PUBLIC NUISANCE.

1. REGULATIONS. It shall be unlawful for any person to allow garbage or debris to be located upon his property. Any violation of this Section shall be deemed a public nuisance.

2. DEFINITIONS. For the purpose of this Article the following definitions shall apply:

1. GARBAGE: Garbage shall be defined as offal; refuse, animal or vegetable matter; or trash.

2. DEBRIS: Debris shall be defined as materials which are placed outside in a haphazard manner, which may create rodent and pest harborage or items which are not intended or customarily stored outdoors and which if left exposed and unprotected from the elements have, or potentially will, deteriorate by reason of vandalism, moisture and exposure. Such materials can include rubbish and items which might otherwise be

considered usable such as furniture, appliances, boards, cardboard boxes of items, clothing, dishes, machinery and so forth.

3. TRASH:        Trash shall be defined as worn out, broken up, or worthless things; and refuse.

4. RUBBISH:        Rubbish shall be defined as waste or rejected matter.

3. PENALTY. Any person, persons, corporations, firms or organizations which shall violate any provision of this Article shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) plus cost of court. Each day any violation of this Section shall continue shall constitute a separate offense.

CHAPTER 10 HEALTH

Sec. 10-1.        DEFINITION.

Open Burning as used herein is defined as the combustion of any matter in the open or in an open dump without originating and/or passing through equipment for which a permit has been issued by the Illinois Environmental Protection Agency.

1. No person, partnership or corporation shall cause or allow the open burning of any materials whatsoever in the Village of New Milford with the following exceptions:

1. Burning of the materials grown on the property which is the site of open burning, such as leaves, tree limbs, branches or bushes  is permitted only during the calendar month of April and between the dates of October 20 and November 20 of each year from 6:00 a.m. to 9:00 p.m. and is subject to the following conditions:

1. Must be limited to an area no greater than four

4. feet in diameter; and

2. Shall not be within twenty-five (25) feet of any structure and shall be in a safe area where it will not constitute a fire hazard to any structure, trees, vegetation or undergrowth; and

3. Shall not be started until such time as appropriate safety equipment, such as buckets, shovels, garden hoses or fire extinguishers, are available for immediate use at all times.

2. Burning at any time by farmers, or by their agents or employees under the strict supervision and in the course of their employment. As used in this Section, the word “farm” shall be defined as follows:

4. An area of ten (10) or less contiguous acres having an annual sale of agricultural products not less than $250.00; or
5. An area of greater than ten (10) contiguous acres having an annual sale of agricultural products of

$50.00 or more.

3. Burning authorized by a special permit issued by the Illinois Environmental Protection Agency, pursuant to the provisions of Rule 504 of the Open Burning Regulations of the State of Illinois.

4. Burning supervised by any fire protection district serving the Village for the purpose of instruction in methods of fire-fighting or fire hazard elimination. The Village President and supervisor of local law enforcement agency shall be notified in advance of any such burning.

5. Recreational burning, defined as “an occasional burning of fuels for legitimate campfire, recreational or cooking purpose”, shall be allowed if, and only if, the following conditions are complied with:

6. Must be contained in a fire-safe vessel; or a pit no greater than four (4) feet in diameter surrounded by rocks or brick; and

7. Shall be limited to untreated dry wood which has a length not in excess of the diameter of the fire- safe vessel or pit aforementioned herein; and

8. Shall not be within twenty-five (25) feet from any structure and shall be in a safe area where it will not constitute a fire hazard to any structure, trees, vegetation or undergrowth; and

9. Buckets, shovels, garden hoses or fire extinguishers shall be available for immediate use at all times.

2. All burning permitted under this section shall at all times be monitored and attended by an adult of at least eighteen

(18) years of age until the fire is extinguished.

3. Prior approval by the Village Board as required by the Code of Ordinances is required for any person, partnership or corporation which wishes to cause or allow open burning not permitted under the provisions herein.
4. SPECIAL CONDITIONS.        The supervisor of the local law enforcement agency or Fire Protection District serving the Village may, in their sole discretion, prohibit any burning which will be offensive or objectionable due to smoke or odorous emissions when atmospheric or local circumstances make such fires a nuisance or hazardous.        The official in his or her sole discretion may order the extinguishment of any burning, which creates or adds to a hazardous or objectionable situation or condition.

5. Open burning permitted by the exceptions stated herein shall, under no circumstances, occur upon the paved or improved portions of any street, highway

or other public roadway.

6. PENALTIES. A violation of Section 10-1 is punishable by a minimum fine of Fifty Dollars and No/100 ($50.00) and a maximum fine of Five Hundred Dollars and No/100 ($500.00). The Village of New Milford as a result of violation of this Ordinance shall be charged against the violator and considered an additional expense to the fine referred to herein.

Sec. 10-2.

It shall be unlawful for any person, entity, or party to abandon, leave, deposit, discard, or dump any garbage or refuge on or along any public roadway, highway, street, or alley, within the Village of New Millford, Illinois.

Sec. 10-3.

A violation of Section 10-2 is punishable by a minimum fine of Fifty Dollars ($50.00) and a maximum fine of Five Hundred Dollars ($500.00). In addition, all costs incurred by the Village of New Millford or its designated agents in removing the items left in violation of this Ordinance shall be charged against the violator and considered an additional expense to the fine referred to above.

Sec. 10-10.

1. DEFINITIONS.

FIREWOOD. Split wood or unsplit wood cut into lengths not exceeding three (3) feet for the purpose of burning in a fireplace or as a recreational fire.

FULL CORD. Firewood measuring four (4) feet in height, by four (4) feet in width, by eight (8) feet in length.

2. REQUIREMENTS.

1. Firewood shall be kept or stored outdoors in accordance with the following requirements:

1. Firewood shall be stored or kept in a neat and secure stack.

2. Any storage of more than one (1) full cord of firewood outside of a fully enclosed structure shall be enclosed by a fence in such a manner so as to visually obstruct viewing of wood storage from adjacent private or public view when observed from normal grade level activity.

3. Unless screened by a fence or wall, firewood shall be stacked no closer than five (5) feet from the property line.

4. Firewood stacks shall not be permitted to become infested with rats, rodents or other vermin. Weeds shall be cut and wood stored in a manner that will assure continuous rodent control.

CHAPTER 11 ARTICLE I. LICENSES

Sec. 11-1. DEFINITIONS.

Unless the context otherwise requires the following terms as used in this ordinance shall be construed according to the definitions given below.

1. DOOR  TO  DOOR  SALESMEN,  VENDORS,  PEDDLERS,  AND

SOLICITORS. Any person male or female, going from person to person, family to family, door to door, home to home, business to business, store to store, building to building, displaying, selling, taking orders for delivering, distributing, or soliciting his or her wares, products, produce, articles, or services, or representing any club, company, corporation, organization, or business (public or private) within the Village of New Millford, Illinois.

Sec. 11-2. LICENSE REQUIRED.

1. It shall be. unlawful for any person (male or female) club, company, corporation, organization or business (public or private) to engage in the business or occupation of door to door selling, vending, peddling, or soliciting within the Village of New Millford, Illinois without first having obtained a license therefore, in accordance with the terms and provisions of this ordinance. No person (male or female) club, company, corporation, organization, or business (public or private) shall be deemed fully licensed until a license has been actually issued and delivered to the applicant therefore.

2. A license will be issued to any religious organization Boy Scouts or Girl Scouts without charge upon .the receipt of the prescribed application.

Sec. 11-3. APPLICATION FOR LICENSE.

Application for such license shall be made to the Village Clerk in writing, signed by the applicant verified by oath or affidavit, to be read and approved by the President and Board of Trustees of the Village of New Millford, Illinois and shall contain the following information and statements.

1. Name, address, and phone number of applicant.

2. Citizenship of applicant, his or her place of birth, and if a naturalized citizen, the time and place of naturalization.

3. The character of business of the applicant.

4. A statement whether applicant has made similar application for a similar license in premises other than described in this application, and the disposition of such applicant.

5. Whether a previous license by the federal government, state, county, city, village, or subdivision thereof, has been revoked, and the reasons therefore.

6. A statement that the applicant will not violate any of the laws of the United States, State of Illinois, County of Winnebago, or the Village of New Millford, Illinois in the conduct of his or her business.

Sec. 11-4. RESTRICTIONS ON NUMBER OF LICENSE.

Licenses for door to door selling, vending, peddling, and/or soliciting hereunder shall be issued by the Village Clerk following the approval and authorization for the issuance of such license by the President and Board of Trustees, and such license may be renewed at its expiration provided the same has not lapsed, been revoked or cancelled and provided further that each applicant for a license or for the renewal thereof fully comply with all the conditions and provisions of this ordinance.

Sec. 11-5. RESTRICTIONS ON LICENSE.

1. No license shall be issued to a person who is not of good character and reputation in New Millford, Illinois, and or the community in which he or she resides.

2. A person who is not a citizen of the United States.

3. A person whose license issued under this ordinance has been revoked for cause.

4. A person who has been convicted of a violation of any federal law, state law, county law, city law, village law concerning door to door selling, vending, peddling, and or soliciting, subsequent to the passage of this ordinance, or shall have forfeited his or her bond to appear in court to answer charges for any such violation.

Sec. 11-6. RECORD OF LICENSE.

The Village Clerk shall keep or cause to be kept a complete record of all such license issued by him.

Sec. 11-7. FEE FOR LICENSE.

The annual fee for license issued under this ordinance shall be Five Dollars ($5.00). In the event that application for a license is made after the first day of July the applicant is entitled to receive a license for the six (6) months intervening between July first and the last day of December at the rate of Three Dollars ($3.00) for six (6) months. Any license issued prior to July first shall be counted as a whole year. Any license issued after July first shall be counted as six (6) months. All license to be dated from and payable from January first and July first and shall expire as provided for in this ordinance. The fee for a license issued for one day only shall be One Dollar ($1.00) and the license to be dated for the day it is issued to be used. This one (1) day license cannot be renewed.

Sec 11-8. PAYMENT OF FEES.

Applicants for a license hereunder shall at the time of application for such license pay to the Village Clerk the rate specified for the license for which he or she makes application. In the event the license applied for is denied the fee shall be returned to the applicant; if the license is granted then the fee shall be turned over to the Village Clerk and shall be deposited by him in the general corporate fund or in such other fund as the Board of Trustees may designate.

Sec. 11-9. REVOCATION AND FORFEITURE.

All licenses issued in pursuant of this ordinance shall contain the recital and express condition that the person accepting same does so subject to all the provisions of this ordinance and of any ordinances of the Village of New Millford, Illinois, and any person or persons licensed under the provision of this ordinance who shall be convicted of a violation under this ordinance upon a trial before a Police Magistrate or Justice of the Peace or other court shall thereby forfeit such license and such license shall be and after such conviction absolutely null and void and such license shall not be deemed continued or kept in force by reason of any appeal from the judgment rendered upon such trial; and the person holding or to whom was issued any license which shall have been forfeited shall also forfeit to the Village all sums of money paid for such license. The Village Board of Trustees may revoke any license for any violation of any provision of this ordinance or

for any violation of any federal, state, county, city, or village law pertaining to door-to-door salesmen, vendors, peddlers and or solicitors.

Sec. 11-10. EXPIRATION OF LICENSE.

All licenses provided for by this ordinance shall terminate and expire on the thirty-first (31st) day of December next after the issuance thereof.

Sec. 11-11. TRANSFER OF LICENSE.

A license issued under the provisions of this ordinance shall be purely a personal privilege good for not to exceed the expiration date unless sooner revoked as in this ordinance provided and shall not be subject to attachment, garnishment, or execution nor shall it descend by the laws of testate or intestate devolution, but shall cease upon the death of the license.

Sec. 11-12. MINORS.

No female under the age of eighteen (18) years or male under the age of twenty-one (21) years shall make application or receive a license as specified in this ordinance.

Sec. 11-13. PENALTY.

Any person, male or female, firm or corporation violating any provisions of this Chapter shall be subject to a penalty of not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00) for each offense, and a separate offense shall be deemed committed on each day on which or during which a violation occurs or continues.

Sec. 11-14 through 11-24. RESERVED.
ARTICLE II. RAFFLES
DIVISION 1. GENERAL Sec. 11-25.        Title. This Article shall be known, cited, and	referred	to	as	the

“Raffle Ordinance of the Village of New Millford, Illinois. Sec. 11-26.  Purpose of Article.

The purpose of this Article is to regulate and control the conduct of raffles within the corporate areas of the Village of New Millford, Illinois.

Sec. 11-27.        Definitions.

1. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Charitable organization means an organization or institution organized and operated to benefit an indefinite number of the public. The service rendered to those eligible for benefits must also confer some benefit upon the public.

Education organization means an organization or institution organized and operated to provide systematic instruction in useful branches of learning by methods common to schools, and institutions of learning which compare favorably in their scope and intensity with the course of study presented in tax- supported schools.

Fraternal organization means an organization of persons having a common interest, the primary interest of which is to both promote the welfare of its members and to provide assistance to the general public in such a way as to lessen the burdens of the government by caring for those who otherwise would be cared for by the government.

Labor organization means an organization composed of workers organized with the objective of betterment of the conditions of those engaged in such pursuit and the development of a higher degree of efficiency in their respective occupations.

Licensee means an organization which has been issued a license to operate a raffle.

Net proceeds means the gross receipts from the conduct of raffles, less sums expended for prizes, local license fees, and other reasonable operating expenses incurred as a result of operating a raffle.

Non-profit means organized, operated, and conducted on a not-for-profit basis, with no personal profit inuring to anyone as a result of the operation.

Raffle means a form of lottery, as defined in <sec>28- 1(b) of the Criminal Code of 1961, (720 ILCS 5/28-2)

conducted by an organization licensed under this Article in which:

1. The player pays or agrees to pay something of value for a chance represented and differentiated by a number or by a combination of numbers of by some other means one or more of which chances is to be designated the winning chance; and,

2. The winning chance is to be determined through a drawing or by some other method based on an element of chance by an act or set of acts on the part of persons conducting or connected with the lottery, except that the winning chance shall not be determined by the outcome of a publicly exhibited sporting contest.

Religious organization means any church, congregation, society or organization founded for the purpose of religious worship.

Value of non-cash prizes means the retail value of such prizes.

Veterans organization means an organization or association comprised of members of which substantially all are individuals who are veterans or spouses, widows, or widowers of veterans, the primary purpose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit.

2. “Village” means the Village of New Millford, Illinois. Words not defined in this section shall be interpreted in accordance with the definitions contained in the most current edition of Webster’s New Collegiate Dictionary.

DIVISION 2.  LICENSE AND CLASSIFICATIONS.

Sec. 11-28.  License required.

No person, firm or corporation shall conduct a raffle or sell chances for a raffle in the Village without first having obtained a license pursuant to this Article. Licenses for raffles shall be issued only to bona fide religious, charitable, labor,  business,  fraternal,  educational  or  veterans’

organizations which operate without profit to their members, which have been in existence continuously for a period of five

(5) years immediately before making application for a license and have had during the entire five (5) year period a bona fide membership engaged in carrying out their objectives and which maintain an office in the Village, or to a non-profit fund raising organization that the Village determines is organized for the sole purpose of providing financial assistance to an identified individual or group of individuals suffering extreme financial hardship as the result of an illness, disability, accident or disaster.

Sec. 11-29.  Classification of Licenses.

1. Class A: General Raffle License

A General Raffle License shall permit the conduct of a raffle with a maximum single cash prize or the maximum retail value of a single non-cash prize not exceeding

$150,000 and an aggregate maximum value of all cash and non-cash prizes awarded not exceeding $250,000.

Multiple drawings may be held to award the prized but all drawing must occur on the same day at the same location.

The following fees are based upon the total aggregate value of all cash and non-cash prizes and shall be paid to the Village Clerk when the application for a raffle license(s) is filed:

Less than $100……………………………..No fee

$100 to $4,999.        $10.00

$5,000 to $9,999.        $25.00

$10,000 to $25,000.        $50.00

Over $25,000 but not to

exceed $250,000……………$50.00 plus an additional

$50.00 for each additional multiple of $25,000

2. Class B: One Ticket, Multiple Raffles License

A Class B license allows up to four (4) raffles to be conducted with the same raffle tickets. Each ticket shall specify the dates of ticket sales and the dates of each drawing. Each drawing date shall be considered  a  separate  raffle  and  will  require  a

separate license and fee.  Each license will allow one

1. drawing event for the prizes awarded.

Although a Class B license allows up to four (4) raffles, the maximum value of a cash or non-cash prize or prizes awarded to a single winner shall not exceed

$150,000 and the aggregate value of all prizes awarded in all of the raffles shall not exceed $250,000.

The fees for Class A Raffle Licenses will apply for each of the licenses secured for Class B raffles.

3. Class C: One Time Emergency Raffle License

A Class C Raffle License allows a non-for-profit fund raising organization or group, organized for the sole purpose of providing financial hardship assistance to an identified individual or group of individuals suffering sever financial hardship as a result of an injury, disability, accident or disaster, to conduct one (1) raffle for that purpose.

The fee for a Class C license shall be Ten Dollars ($10) payable to the Village Clerk at the time of application.

4. Class D. Annual Raffle License

An Annual Raffle License shall permit the conduct of a raffle or raffles, or the sale of chances for a raffle or raffles, in which the maximum value of all cash or non-cash prizes for a single drawing shall not exceed Five Thousand Dollars ($5,000). Class D raffles shall be licensed annually from the 1st day of January and ending on the 31st day of December of the year. If raffle chances are sold during one calendar year, and the drawings held in another calendar year, a license must be obtained for each year.

Such license shall permit no more than fifty-two (52) raffles. The aggregate value of all prizes awarded annually shall not exceed $250,000.

The fee for a Class D license shall be Two Hundred Dollars ($200) payable to the Village Clerk at the time of application. Such annual licenses shall not be prorated as to term or fee.

5. Class E: Limited Annual Raffle License

A Limited Annual Raffle License permits an organization to regularly conduct raffles among its own membership at a regularly scheduled organizational meeting. Chances for these raffles may only be sold, and the drawings held, on the date of the meeting. The aggregate value of the prizes awarded at each of these drawings may be exceed One Hundred Dollars ($100). Class E raffles shall be licensed annually on a calendar year basis.

Such licenses shall permit no more than sixty (60) raffles per year. The aggregate value of all prizes awarded annually shall not exceed Five Thousand Two Hundred Dollars ($5,200).

The fee for a Class E license shall be Twenty-five Dollars ($25) payable to the Village Clerk at the time of application. Renewal applications shall be made on or before November 1 for the following year. Class E licenses shall not be prorated as to term or fee.

6. Fee Not Refundable

The application fees are not refundable, even in the event that the application is rejected by the Village Board, or if the raffle is cancelled.

DIVISION 3.        QUALIFICATIONS AND APPLICATIONS

Sec. 11-30.        Qualifications of applicant.

Raffle licenses shall be issued only to bona fide charitable, educational, fraternal, labor, religious and veterans organizations that operate without profit to their members and which have been in existence continuously for a period of five (5) years or more immediately before making application for a license and which have had during the entire five (5) year period, a bona fide membership engaging in and carrying out their objectives, or to a not-for-profit fund raising organization or group that is organized for the sole purpose of providing financial assistance to an identified individual or group of individuals suffering severe financial hardship as a result of an illness, disability, accident or disaster. The following groups or individuals are ineligible for any raffle license:

2. Any person who has been convicted of a felony;

3. Any person who is or has been a professional gambler or gambling promoter;

4. Any person who is not of good moral character;

5. Any organization in which a person described in subsections (1), (2), or (3) of this section has a proprietary equitable, or credit interest or in which such person is active and employed.

6. Any organization in which a person described in subsections (1), (2), or (3) of this section is an officer, director, or employee, whether compensated or not; and,

7. Any organization in which a person described in subsections (1), (2), or (3) of this section is to participate in the management or operation of a raffle.

Sec. 11-31.        Application; Contents for Class A, B and C Licenses.

Any person seeking to conduct or operate a raffle described in Section 26-30, subsections A, B, or C, shall file an application with the Village Clerk on forms provided by the Village Clerk. Applications must be submitted to the Village Clerk at least ten

(10) days prior to the Village Board meeting at which approval is desired.  The application shall contain the following information:

1. The name, address and type of organization;

2. The length of existence of the organization and, if incorporated, the date and state of incorporation;

3. The name, address, telephone number, social security number and date of birth of the organization’s presiding officer, secretary, raffle manager(s) and any other members responsible for the conduct and operation of the raffle(s);
4. The aggregate value of all prizes to be awarded in the raffle;

5. The maximum value of each prize to be awarded in the raffle;

6. The maximum price charged for each raffle chance issued or sold;

7. The maximum number of raffle chances to be issued;

8. The areas in which the raffle chances will be sold or issued;

9. The dates raffle chances will be issued or sold;

10. The date(s) and locations at which winning chances will be determined;

11. A sworn statement attesting to the not-for-profit character of the applicant or organization, signed by its presiding officer and secretary; and,

12. A certificate signed by the presiding officer of the applicant organization attesting to the fact that the information contained in the application is true and correct.

Sec. 11-32.        Application for Class D and E Licenses.

1. Any organization seeking to conduct or operate a raffle described in Section 11-119, subsections D and E, shall file an application with the Village Clerk on forms provided by the Village Clerk. Applications must be submitted to the Village Clerk at least ten

(10) days prior to the Village Board meeting at which approval is desired.  The application shall contain the following information:

1. The name, address and type of the organization;

2. The length of existence of the organization and, if incorporated, the date and state of incorporation;

3. The name, address, telephone number, social security  number  and  date  of  birth  of the

organization’s presiding officer, secretary, raffle manager(s) and any other members responsible for the conduct and operation of the raffle(s);

4. The location(s) at which the chances are to be sold and the drawing(s) held;

5. The dates the drawings are to be held;

6. A sworn statement, signed by the presiding officer of the organization, attesting to its not-for-profit status and length of existence;

7. A certificate signed by the presiding officer of the applicant organization attesting to the fact that the information contained in the application is true and correct.

8. The number of drawings to be held during the twelve (12) month period.

DIVISION 4.        OPERATION AND CONDUCT.

Sec. 11-33.        Operation and Conduct.

The operation and conduct of raffles are subject to the following restrictions:

1. The entire net proceeds of any raffle must be exclusively devoted to the lawful purpose of the licensee.

2. No person except a bona fide member of the licensee may participate in the management or operation of the raffle.

3. No person may receive remuneration or profit for participating in the management or operation of the raffle.

4. A licensee may rent a premises on which to determine the winning chance or chances in a raffle only from an organization which is also licensed under this Article.

5. Raffle chances may be sold, offered for sale, conveyed, issued or otherwise transferred for value only within the area determined on the

license; the winning chances may be determined only at the location specified on the license.

6. The maximum price which may be charged for each raffle chance sold, offered for sale, conveyed, issued or otherwise transferred for value shall not exceed $250.00.

7. No cash prize in excess of $150,000.00 may be awarded, and the value of all prizes to be awarded shall not exceed $250,000.00.

8. Each raffle chance shall have printed thereon the cost of the chance, the aggregate retail value of all prizes to be awarded in the raffle, and the maximum number of raffle chances to be issued except as provided below:

1. When raffle chances are sold, conveyed, issued, or otherwise transferred only at the time and location at which winning chances will be determined and only to persons then in attendance;

2. When the raffle chance is also a ticket to an event and a portion of the cost of the ticket is designated for a dinner, golf, or other item of value to be consumed or used by the purchaser at the event.

9. No person under the age of 18 years may participate in the operation or conduct of raffles, except with the permission of a parent or guardian. A person under the age of 18 years may be within the area where winning chances are being determined only when accompanied by his parent or guardian.

10. Raffle drawings must be held on the date and at the location listed on the raffle license. If a raffle drawing is unable to be held due to an extreme emergency or a natural disaster, the licensee must seek approval of the Village Board before the drawing can be held on a different date. If a drawing is cancelled due to inadequate sale of raffle tickets or due to some reason other than an extreme emergency or a natural disaster, the licensee must notify all ticket purchasers, refund all monies and return

all prizes within thirty (30) days. Such cancellation will be reported to the Village Clerk with a full explanation.

Sec. 11-34.        Manager, Fidelity Bond.

The operation and conduct of all raffles shall be under the supervision of a single raffle manager designated by the licensee. The manager shall give a fidelity bond equal in amount to the aggregate retail value of all prizes to be awarded in favor of the licensee conditioned upon his honesty in the performance of his duties. The terms of the bond shall provide that notice shall be given in writing to the Village not less than 30 days prior to its cancellation.

Sec. 11-35.        Record Keeping of Gross Receipts; Expenses; Net Proceeds.

1. Each licensee shall keep records of its gross receipts, expenses and net proceeds for each single gathering or occasion at which winning chances are determined. All deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction, and the recipient. The distribution of net proceeds shall be itemized as to payee, purpose, amount and date of payment.

2. Gross receipts from the operation of raffles shall be segregated from other revenues of the licensee including bingo gross receipts, if bingo games are also conducted by the same not-for-profit organization pursuant to the license therefore issued by the State Department of Revenue and placed in a separate account. Each licensee shall keep separate records of its raffles. The person who accounts for gross receipts, expenses, and net proceeds from the operation of raffles shall not be the same person who accounts for other revenues of the licensee.

3. Each licensee shall reports to its membership and to the Village its gross receipts, expenses and net proceeds from the raffle, and the distribution of net proceeds itemized as required in this section. A report must be turned in within thirty (30) days of

each raffle drawing, with the exception of weekly raffles, which may be reported once a month.

4. Raffle records shall be preserved for three (3) years, and organizations shall make available their records relating to the operation of raffles for public inspection at reasonable times and places.

5. No new raffle licenses will be issued to an organization until all reports from the organization’s previous raffles have been completed and submitted to the Village Clerk’s Office.

DIVISION 5.        ISSUANCE AND ENFORCEMENT.

Sec. 11-36.        Issuance

1. Review of application; acceptance or rejection. Organizations shall submit applications to the Village Clerk’s Office at least ten (10) days prior to the Village Board meeting at which approval is desired. The Village Clerk shall review all raffle license applications, recommend approval, or denial, and submit them to the Village Board. The Village Board shall, within thirty (30) days from the date of application, accept or reject a raffle license application. If an application is accepted, the Village Clerk shall forthwith issue a raffle license to the applicant. Chances for each raffle may be issued or sold for a period of thirty (30) days prior to and including the date winning chances are to be determined unless the Village Board has specifically authorized a longer period of time but in no event longer than three hundred and sixty-five (365) days prior to and including the date winning chances are to be drawn.

2. Contents of license.  A raffle license shall show the following, with respect to each raffle:

1. The area in which raffle chances may be sold or issued;

2. The period of time during which raffle chances may be sold or issued; and,

3. The date(s) and location at which winning chances will be determined.

3. Display. The license shall be prominently displayed at the time and location of the determination of the winning chances.

4. Validity. Each Class A or Class C license shall be valid for one (1) raffle. Each Class B license shall be valid for up to four (4) raffles. Each Class D or Class E license shall be valid for a specific number of raffles to be conducted during a specified period of time not to exceed one (1) year.

Sec. 11-37.        Enforcement of Article.

1. Penalties. Failure to comply with any of the requirements of this Article shall constitute a violation, and any person, upon conviction thereof, shall be fined not more than $500.00. Each day the violation continues, shall be considered a separate offense. In addition, the Village Board is authorized to revoke the license of any Class D licensee that fails to comply with the reporting requirements of Section 11-125(c) in a timely manner.

2. Abatement.  The imposition of the penalties in this section prescribed shall not preclude the State’s Attorney from instituting appropriate action to prevent unlawful raffles or to restrain, correct, or abate a violation of this Article of the conditions of a raffle license issued pursuant hereto.

ARTICLE III. BRANDING, BODY CARVING, BODY PIERCING AND TATTOOING

DIVISION I. REGULATIONS

Sec. 11-50. DEFINITIONS. For the purpose of this Article the following work and phrases shall have the meanings respectively ascribed them by this section.

1. “Branding” means any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin by aid of heating instruments comprised of metal or other material(s).

2. “Body Carving” means any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with the use of, but not limited to, knives,

wires, scalpels or any other material used in surgical and anatomical operations and dissections.

3. “Body Piercing” means making a hole in a part of the human body, except for ears, for the purpose of inserting and affixing an artificial object but not for the purpose of providing health related care or treatment by a health provider duly licensed by the State of Illinois.

4. “Employee” means any and all persons, other than the tattoo artists, who render any service to the permittee, who receives compensation directly from the licensee, and who have no physical contact with the customers or clients.

5. “Licensee” means the operator of a tattoo establishment.

6. “Person” means any individual, co-partnership, firm, association, Joint Stock Company, corporation or combination of individuals of whatever form or character.

7. “Tattoo” means any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin.

8. “Tattoo Artist” means an individual who performs branding, body carvings, body piercing or applies tattoos.

9. “Tattoo Establishment” means any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on branding, body carving, body piercing or tattooing.

Sec. 11-51. LICENSE. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premise in the Village of New Milford, the operation of a tattoo establishment as herein defined, without first having obtained a license from the Village.

Sec. 11-52. FILING/FEE PROVISION. Every applicant for a license to maintain, operate or conduct a tattoo establishment shall file an application with the Village upon a form provided

by the Village and pay a filing fee of fifty dollars ($50.00), which shall not be refundable.

Sec. 11-53. APPLICATION/TATTOO ESTABLISHMENT. The application

for a license to operate a tattoo establishment shall set forth the exact nature of the services to be provided, the proposed place of business and facilities therefor, and the name and address of each applicant.

In addition to the foregoing, any applicant for a license shall furnish the following information:

1. The two (2) previous addressed immediately prior to the present address of the applicant.

2. Written proof that the applicant is at least eighteen

(18) years of age.

3. Applicant’s height, weight, color of eyes and hair.

4. Two (2) portrait photographs at least two inches by two inches (2”X2”).

5. Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application.

6. The tattoo or similar business license history of the applicant; whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

7. All criminal convictions except minor traffic violations.

8. Such other identification and information necessary to discover the truth of the matters herein before specified as required to be set forth in the application.

9. Nothing contained herein shall be construed to deny the Village Comptroller the right to require the fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of the Village to confirm the height and weight of the applicant.
10. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its article of incorporation together with the names and residence addresses of each of the officers, directors and each stockholder holding stock of the corporation. If the applicant is a partnership, the application shall set forth the name and the residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provision of this section pertaining to a corporate applicant apply.

Sec. 11-54. CORPORATE APPLICANT/EXEMPTION. The provisions of Section 11-53 A, B, C, D, G entitled “Application for tattoo

establishment” relating to requirements for corporate applicants shall not apply to any of the following:

1. A corporation, the stock of which is listed on a stock exchange in the State of Illinois or the City of New York, State of New York.

2. A bank, trust company, financial institution or title company to which Application is made or to whom a license is issued in a fiduciary capacity.

3. A corporation which is required by law to file periodic reports with the Securities and Exchange Commission.

Sec. 11-55. TATTOO ARTIST LICENSE. It shall be unlawful for any person to engage in the practice of branding, body carving, body piercing or tattooing as herein defined, in or upon any premise in the Village, without first having obtained a license from the Village of New Milford. Any person who engages in the practice of branding, body carving, body piercing or tattooing as herein defined, shall file an application with the Village upon a form provided by the Village and shall pay a filing fee of Twenty-five dollars ($25.00), which shall not be refundable.

Sec. 11-56. APPLICATION FORM TATTOO ARTIST. The application

for a tattoo artist license shall be completed by the applicant and shall contain the following:

1. Name and residence address.

2. Social Security number and driver’s license number, if

any.

3. Applicant’s weight, height, color of eyes and hair.
4. Written evidence that the applicant is at least eighteen (18) years of age.

5. Business, occupation or employment of the applicant for the three (3) years immediately preceding the date of application.

6. Whether such person has ever been convicted of any crime, except misdemeanor traffic violations. If any person mentioned in this subsection had been so convicted, a statement must be made giving the place and court in which such conviction was obtained and the sentence imposed as a result of such conviction.

Sec. 11-57. ZONING REQUIRED. No license to conduct a tattoo establishment shall be issued unless complying with the Village Zoning Code and the following restrictions:

1. A tattoo establishment may not be operated within five hundred feet (500’) of the following previously established uses:

1. A church, synagogue or regular place of worship.

2. A public or private elementary or secondary

school.

3. Any residential property legally used or zoned for residential purposes.

4. A public park.

5. A day care facility.

6. Another tattoo establishment.

2. For the purpose of this Section, measurement shall be made in a straight line, without regard to intervening structures or objects, from nearest portion of the building or structure used as a part of the premises where a tattoo establishment is located, to the nearest property line of a church, school, park, residential use or other tattoo establishment, or the nearest boundary of a residential zoning district.

3. Nothing in this Section shall be interpreted to authorize or permit any activity or conduct prohibited by any local, State or Federal law.

Sec. 11-58. REQUIRED INSPECTIONS. No license to conduct a tattoo establishment shall be issued prior to the following inspections.

1. An inspection by the Winnebago County Building Inspector for the purpose of assuring that the establishment complies with the minimum requirements of the Building Codes for the County of Winnebago.

2. An inspection by the Winnebago County Health Department for the purpose of assuring that the premises comply with all the sanitation requirements set forth in this article and with the regulations of public health, safety and welfare.

Sec. 11-59. HEALTH AND SANITARY REQUIREMENTS. Any individual

or establishment engaging in the practice of branding, body carving, body piercing or tattooing as herein defined shall comply with the following requirements.

1. The entire premises of the facility and all equipment shall be maintained in a good repair, clean, sanitary condition and shall be kept in full compliance with all applicable Village ordinances and State statutes including, but not limited to, the health codes, zoning codes and building codes.

2. Any individual or establishment desiring to engage in the practice of branding, body carving, body piercing or tattooing shall first inquire as to whether or not the potential recipient of the procedures is under the influence of intoxicating substances. Any individual who appears to be or admits to being under the influence of intoxicating substances shall not receive a branding, body carving, body piercing or tattoo.

3. Any individual or establishment desiring to engage in the practice of branding, body carving, body piercing or tattooing shall first inquire as to whether or not the potential recipient to the procedure has a history of any communicable disease. Any individual providing a history of a communicable disease shall not receive a branding, body carving, body piercing or tattoo.
4. Any individual or establishment desiring to engage in the practice of branding, body carving, body piercing or tattooing shall explain to each potential recipient before performing the branding, body carving, body piercing or tattooing procedure in written form or through a conspicuously posted sign the following:

1. The nature of the procedure to be conducted.

2. Possible tissue reactions following the procedures.

3. Importance of after procedure care.

4. The permanent nature of the application.

5. Any individual or establishment who performs a branding, body carving, body piercing or tattooing procedure shall maintain proper records of each client. The records shall include the following:

client.

1. The date on which the procedure was performed.

2. The name, address, phone number and age of the

3. The name, address, phone number and age of the

individual performing the procedure.

4. A description of the procedure.

5. The signature of the client.

6. The information required in subsection (E) shall be permanently recorded and made available for examination and shall be kept by the individual or establishment for at least two (2) years.

7. Used tattoo needles and other infectious waste shall be stored, treated and disposed of in accordance with the provisions of the State and Federal regulations concerning the management and disposal of infectious waste.

Sec. 11-60. VERIFICATION OF APPLICATION. Every application for a license under this Article shall be verified as provided in the Illinois Civil Practice Act for the verification of pleadings.

Sec. 11-61. ISSUANCE OF TATTOO ESTABLISHMENTS LICENSE. The

Village shall issue a license within fourteen (14) days following the completed required inspections and completed application unless the Village finds:

1. That the operation as proposed by the applicant, if permitted, would not comply with the Zoning, Building, Health and Fire Codes of the Village and/or County.

2. That the applicant and any other person who will be directly engaged in the management and operation of a tattoo establishment has been convicted of any of the following offenses or convicted of an offense outside of the State of Illinois that would have constituted any of the following offenses if committed within the State of Illinois.

1. An offense involving the use of force and violation upon the person of another that amounts to a felony.

The Village may issue a permit to any person convicted of any of the crimes described in subsection (B)(1) of this Section if the Village finds that such conviction occurred at least five

5. years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crimes mentioned in this Section.

Sec. 11-62. ISSUANCE. OF TATTOO ARTIST LICENSE. The Village

shall issue a license within fourteen (14) days following the completed application unless the Village finds:

1. That the applicant is not at least eighteen (18) years of age.

2. The holder of a Tattoo Establishment License shall be responsible for determining whether the persons employed by said Tattoo Establishment License holder have the proper character and fitness to be a Tattoo Artist. To the extent a Tattoo Artist has his/her Tattoo Artist License suspended or revoked by the Village, the Tattoo Establishment License holder employing said Tattoo Artist may, in the Village’s sole discretion, also be subject to having its Tattoo Establishment License suspended or revoked and fines imposed.

Sec. 11-63. OPERATOR TO MAINTAIN REGISTER OF EMPLOYEES. The

operator of a tattoo establishment must maintain a register of

all persons employed as tattoo artists and their license numbers. Such register shall be available for inspection at all times during regular business hours.

Sec. 11-64. REVOCATION OR SUSPENSION OF TATTOO ESTABLISHMENT

LICENSE. In any case where any of the provisions of this Article are violated or where any employee of the licensee, including a tattoo artist, is engaged in any conduct which violates any State or local laws or ordinances at licensee’s place of business and the licensee has actual or constructive knowledge of such violations or the licensee has actual or constructive knowledge by due diligence, or in any case, where the licensee, tattoo artist, or any other employee refuses to permit any duly authorized personnel of the Village to inspect the premises or the operations therein, the tattoo establishment license shall be suspended automatically by the Village.

The Village shall notify the licensee within seven (7) days in writing of said causes for automatic suspension. The Public Works, Public Safety, and Annexations Committee shall hold a public hearing within forty-five (45) days and, if not satisfied that the provisions of this Article are being compiled with, may revoke, suspend or take such action as may be necessary to ensure compliance with this Article. The Village shall notice the licensee in writing of the time, date and place of said hearing at least seven (7) days prior to the date of said hearing.

Within five (5) days following the date of a decision of the Public Works, Public Safety, and Annexations Committee, the Village shall transmit to the Village Board written notice of the decision. The decision shall become final ten (10) days following the date on which the tattoo establishment license was revoked or on the day following the next meeting of the Village Board, whichever is later, unless an appeal has been taken to the Village Board or unless the Village Board shall elect to review the decision of the Public Works, Public Safety, and Annexations Committee.

Sec. 11-65. REVOCATION OR SUSPENSION OF TATTOO ARTIST LICENSE.

A tattoo artist license issued by the Village of New Milford may be automatically suspended by the Village for violation of any of the provisions of the Article including any of the following:

1. Unfitness or incompetence by reason of negligence, habits or other causes regardless of whether actual damage to the public is established.
2. Habitual intemperance, addiction or dependency on alcohol or other habit forming substances.

3. Mental incompetence resulting in an inability to practice as a tattoo artist.

4. Submitting to or filing with the Village any application, notice, statement or other document containing false information when procuring or attempting to procure a tattoo artist license.

5. Using the title “licensed tattoo artist” or any designation tending to imply that the person is a licensed tattoo artist when the person is not licensed or the person’s license has been suspended or revoked.

6. Violation conditions or limitations of a tattoo artist license.

7. Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm any individual of the public in the course of providing professional services or activities.

8. Having disciplinary action concerning the practice of a tattoo artist as defined in this article taken against the tattoo artist in another state.

9. Knowingly aiding or abetting an unlicensed person, conspiring with an unlicensed person, allowing one’s license to be used by an unlicensed person, or acting as the agent or associate of an unlicensed person in order to enable the unlicensed person to evade the requirements of this Article.

10. Engaging in false or misleading advertising.

11. Engaging in sexual conduct in connection with professional services or activities.

The Village shall notify the tattoo artist within seven (7) days in writing of said causes for automatic suspension. The Public Works, Public Safety, and Annexations Committee shall hold a public hearing within forty-five (45) days and if not satisfied that the provisions of this Article is being complied with, may revoke, suspend or take such action as may be necessary to ensure compliance with this Article. The Village

shall notice the tattoo artist in writing of the time, date and place of said hearing at least seven (7) days prior to the date of said hearing.

Within five (5) days following the date of a decision of the Public Works, Public Safety, and Annexations Committee, the Village shall transmit to the Village Board written notice of the decision. The decision shall become final ten (10) days following the date on which the tattoo artist’s license was revoked or on the next day following the next meeting of the Village Board of unless the Village Board shall elect to review the decision of the Public Works, Public Safety, and Annexations Committee.

Sec. 11-66. EMPLOYMENT UNDER EIGHTEEN (18) PROHIBITED. It

shall be unlawful for any owner, proprietor, manager or other person in charge of any tattoo establishment to employ any person who is not at least eighteen (18) years of age.

Sec. 11-67. SALE OR TRANSFER. Upon sale, transfer or relocation of a tattoo establishment the license therefor shall be null and void; provided, however, that upon the death or incapacity of the licensee the tattoo establishment may continue in business for a reasonable period of time to allow for an orderly transfer of the permit.

Sec. 11-68. NAME AND PLACE OF BUSINESS/CHANGE OF LOCATION. No

person granted a license pursuant to this Article shall operate under any name or conduct his business under any designation for any location not specified in his permit.

Sec. 11-69. DISPLAY OF LICENSE. Every person to whom or for whom a license shall have been granted pursuant to the provisions of this Article shall display said license in a conspicuous place within the tattoo establishment so that the same may be readily seen by persons entering the premises.

Sec. 11-70. INSPECTION.        The Sheriff’s Department of the County and/or any duly authorized personnel of the Village shall, upon probable cause to believe that a provision of this Article has been violated, make an inspection of any tattoo establishment in the Village of New Milford.

Sec. 11-71. TATTOO ESTABLISHMENT LICENSE FEES. Every licensee

who conducts or assists in conducting or permitting any tattoo establishment as defined herein shall pay to the Village a

license fee of one hundred dollars ($100.00) annually, payable in advance.

Sec. 11-72. TATTOO ARTIST LICENSE FEES. Every tattoo artist as defined herein shall pay to the Village a license fee of fifty dollars ($50.00) annually, payable in advance.

The license fee prescribed in this Section is due and payable upon receipt of the license and on the anniversary date each year thereafter.

Sec. 11-73. EMPLOYMENT TATTOO ARTIST. It shall be the

responsibility of the licensee for the tattoo establishment or the employer of any persons purporting to act as tattoo shall first have obtained a valid license pursuant to this Article.

Sec. 11-74. EXCEPTIONS. This Article shall not include hospitals, nursing homes, sanitariums or persons holding an unrevoked certificate to practice the healing arts and under the laws of the State of Illinois, or persons working under the direction of any such persons or in any such establishment.

This Article shall not apply to health care providers duly licensed by the State of Illinois providing health related care or treatment.

Sec. 11-75. VIOLATION/PENALTY.

1. Every person, except those persons who are specifically exempted by this Article, whether acting as an individual, owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee or operator, or acting as a participant or worker in any way, or acting as a tattoo artist, who engages in the practice of branding, body carving, body piercing or tattooing or conducts a tattoo establishment or who in conjunction with the tattoo establishment engages in the practice of branding, body carving, body piercing or tattooing without first obtaining a license and paying a license fee to do so from the Village of New Milford, or shall violate any provisions of this Article, shall be subject to a fine of not less than five hundred dollars ($500.00). Each day the violation continues shall be considered a separate offense.

2. Any owner, operator, manager or permittee in charge or in control of a tattoo establishment who knowingly employs a person as a tattoo artist, as defined in the Article, who is not in possession of a valid, unrevoked permit or who allows such

tattoo artist to practice within such a place of business shall be subject to a fine of not less than two hundred and fifty dollars ($250.00) nor more than five hundred dollars ($500.00). Each day the violation continues shall be considered a separate offense.

Sec. 11-76. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Article or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof.

Sec. 11-77 through Sec. 11-89 RESERVED.

ARTICLE IV. VIDEO GAMING TERMINALS

Sec. 11-90. Definitions. For the purposes of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Video Gaming Terminal shall have the same definition as set forth in the Illinois Video Gaming Act and shall mean any electronic video game machine that, upon insertion of cash, is available to play or simulate the play of a video game, including but not limited to video poker, line up, and blackjack, as authorized by the Illinois Gaming Board utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. The term does not include a machine that directly dispenses coins, cash, or tokens or is for amusement purposes only.

Distributor shall have the same definition as set forth in the Illinois Video Gaming Act and shall mean an individual, partnership, corporation, or limited liability company licensed under this Act to buy, sell, lease, or distribute video gaming terminals or major components or parts of video gaming terminals to or from terminal operators.

Terminal operator shall have the same definition as set forth in the Illinois Video Gaming Act and shall mean an individual, partnership, corporation, or limited liability company that is licensed under this Act and that owns, services, and maintains video gaming terminals for placement in licensed establishments, licensed truck stop establishments, licensed

fraternal establishments, or licensed veterans establishments.

Licensed technician shall have the same definition as set forth in the Illinois Video Gaming Act and shall mean an individual who is licensed under this Act to repair, service, and maintain video gaming terminals.

Manufacturer shall have the same definition as set forth in the Illinois Video Gaming Act and shall mean an individual, partnership, corporation, or limited liability company that is licensed under this Act and that manufactures or assembles video gaming terminals.

Licensed Establishment shall have the same definition as set forth in the Illinois Video Gaming Act and shall mean any licensed retail establishment where alcoholic liquor is drawn, poured, mixed, or otherwise served for consumption on the premises and includes any such establishment that has a contractual relationship with an inter-track wagering location licensee licensed under the Illinois Horse Racing Act of 1975 provided any contractual relationship shall not include any transfer or offer of revenue from the operation of video gaming under this Act to any licensee licensed under the Illinois Horse Racing Act of 1975. Provided, however, that the licensed establishment that has such a contractual relationship with an inter-track wagering location licensee may not, itself, be (i) an inter-track wagering location licensee, (ii) the corporate parent or subsidiary of any licensee licensed under the Illinois Horse Racing Act of 1975, or (iii) the corporate subsidiary of a corporation that is also the corporate parent or subsidiary of any licensee licensed under the Illinois Horse Racing Act of 1975. “Licensed establishment” does not include a facility operated by an organization licensee, an inter-track intertrack wagering licensee, or an inter-track intertrack wagering location licensee licensed under the Illinois Horse Racing Act of 1975 or a riverboat licensed under the Riverboat Gambling Act, except as provided in this paragraph.

Licensed Fraternal Establishment shall have the same definition as set forth in the Illinois Video Gaming Act and shall mean the location where a qualified fraternal organization that derives its charter from a national fraternal organization regularly meets.

Licensed Veterans Establishment shall have the same definition as set forth in the Illinois Gaming Act and shall mean the location where a qualified veterans’ organization that

derives its charter from a national veterans’ organization regularly meets.

Licensed Truck Stop Establishment shall have the same definition as set forth in the Illinois Gaming Act and shall mean a facility (i) that is at least a 3-acre facility with a convenience store, (ii) with separate diesel islands for fueling commercial motor vehicles, (iii) that sells at retail more than 10,000 gallons of diesel or biodiesel fuel per month, and (iv) with parking spaces for commercial motor vehicles. “Commercial motor vehicles” has the same meaning as defined in Section 18b-

101 of the Illinois Vehicle Code. The requirement of item (iii) of this paragraph may be met by showing that estimated future sales or past sales average at least 10,000 gallons per month.

Sec. 11-91. License Required. No person, partnership, company, corporation, limited liability company or business shall distribute, serve as a terminal operator, keep, hold, display, operate or cause to be operated in any place of public resort within the Village a Video Gaming Terminal without first having obtained a license from the Village. It shall be a prerequisite to any license being issued by the Village that the person, partnership, company, corporation, limited liability company or business applying for such Village license, meet all the following conditions and standards:

1. Comply with all applicable provisions of the Illinois Video Gaming Act and the rules and regulations implemented thereto; and

2. Hold the necessary and valid license(s) from the State of Illinois. The revocation, loss or suspension of any such license by the State of Illinois shall automatically result in the revocation, loss or suspension of any Village license issued hereunder, without refund of any license fee paid to the Village; and

3. Each licensed distributor, terminal operator and person with a substantial interest in a licensed distributor or terminal operator shall be an Illinois resident or duly authorized to conduct business within the State of Illinois. However, if an out-of-state distributor or terminal operator has performed its respective business within Illinois for at least 48 months prior to the effective date of the Illinois Video Gaming Act, the out- of-state person may be eligible for licensing from the Village; and
4. In all cases of application for a licensed location to operate a video taming terminal, each licensed establishment, licensed fraternal establishment, or licensed veterans establishment shall possess a valid liquor license issued by the Illinois Liquor Control Commission and a valid liquor licensed issued by the Village of New Milford, in effect at the time of application and at all times thereafter during which a video gaming terminal is made available to the public for play at that location. Video gaming terminals in a licensed location shall be operated only during the same hours of operation generally permitted to holders of a license under the Liquor Control Act of 1934 within the Village. A licensed truck stop establishment that does not hold a liquor license may operate video gaming terminals on a continuous basis. A licensed fraternal establishment or licensed veterans establishment that does not hold a liquor license may operate video gaming terminals if (i) the establishment is located in a county with a population between 6,500 and 7,000, based on the 2000 U.S. Census,

(ii) the county prohibits by ordinance the sale of alcohol, and (iii) the establishment is in a portion of the county where the sale of alcohol is prohibited. A licensed fraternal establishment or licensed veterans establishment that does not hold a liquor license may operate video gaming terminals if (i) the establishment is located in a municipality within a county with a population between 8,500 and 9,000 based on the 2000 U.S. Census and (ii) the municipality or county prohibits or limits the sale of alcohol by ordinance in a way that prohibits the establishment from selling alcohol; and

5. Every video gaming terminal offered for play shall first be tested and approved pursuant to the rules of the Illinois Gaming Board (“Board”), and each video gaming terminal offered in this State and Village for play shall conform to an approved model. The Board may utilize the services of an independent outside testing laboratory for the examination of video gaming machines and associated equipment as required by this Section. Every video gaming terminal offered in this State and Village for play must meet minimum standards set by an independent outside testing laboratory approved by the Board. Each approved model shall, at a minimum, meet the following criteria:

1. It must conform to all requirements of federal law and

regulations, including FCC Class A Emissions Standards.

2. It must theoretically pay out a mathematically demonstrable percentage during the expected lifetime of the machine of all amounts played, which must not be less than 80%. The Board shall establish a maximum payout percentage for approved models by rule. Video gaming terminals that may be affected by skill must meet this standard when using a method of play that will provide the greatest return to the player over a period of continuous play.

3. It must use a random selection process to determine the outcome of each play of a game. The random selection process must meet 99% confidence limits using a standard chi-squared test for (randomness) goodness of fit.

4. It must display an accurate representation of the game outcome.

5. It must not automatically alter pay tables or any function of the video gaming terminal based on internal computation of hold percentage or have any means of manipulation that affects the random selection process or probabilities of winning a game.

6. It must not be adversely affected by static discharge or other electromagnetic interference.

7. It must be capable of detecting and displaying the following conditions during idle states or on demand: power reset; door open; and door just closed.

8. It must have the capacity to display complete play history (outcome, intermediate play steps, credits available, bets placed, credits paid, and credits cashed out) for the most recent game played and 10 games prior thereto.

9. The theoretical payback percentage of a video gaming terminal must not be capable of being changed without making a hardware or software change in the video gaming terminal, either on site or via the central communications system.

10. Video gaming terminals must be designed so that replacement of parts or modules required for normal maintenance does not necessitate replacement of the

electromechanical meters.

11. It must have nonresettable meters housed in a locked area of the terminal that keep a permanent record of all cash inserted into the machine, all winnings made by the terminal printer, credits played in for video gaming terminals, and credits won by video gaming players. The video gaming terminal must provide the means for on-demand display of stored information as determined by the Board.

12. Electronically stored meter information required by this Section must be preserved for a minimum of 180 days after a power loss to the service.

13. It must have one or more mechanisms that accept cash in the form of bills. The mechanisms shall be designed to prevent obtaining credits without paying by stringing, slamming, drilling, or other means. If such attempts at physical tampering are made, the video gaming terminal shall suspend itself from operating until reset.

14. It shall have accounting software that keeps an electronic record which includes, but is not limited to, the following: total cash inserted into the video gaming terminal; the value of winning tickets claimed by players; the total credits played; the total credits awarded by a video gaming terminal; and pay back percentage credited to players of each video game.

15. It shall be linked by a central communications system to provide auditing program information as approved by the Board. The central communications system shall use a standard industry protocol, as defined by the Gaming Standards Association, and shall have the functionality to enable the Board or its designee to activate or deactivate individual gaming devices from the central communications system. In no event may the communications system approved by the Board limit participation to only one manufacturer of video gaming terminals by either the cost in implementing the necessary program modifications to communicate or the inability to communicate with the central communications system.

16. The Board, in its discretion, may require video gaming terminals to display Amber Alert messages if the Board makes a finding that it would be economically and technically feasible and pose no risk to the integrity and

security of the central communications system and video gaming terminals.

Sec. 11-92. Issuance. An application for a Video Gaming Terminal License may be obtained from the Village Clerk. Upon submittal of a fully completed application and payment of the annual license fee (as set forth below), the Village Clerk shall forward such application to the Village Board for consideration. No license shall be issued except upon approval by the Village Board. To the extent a license application is not approved, any license fee paid by the applicant shall be refunded to the applicant within 30 days of the denial of the license.

Sec. 11-93. License Fee. There shall be an annual license fee of Twenty-Five Dollars ($25.00) per terminal payable to the Village.  Licenses shall expire on March 31st of each year. License holders must renew their licenses prior to the March 31st expiration date or they shall not be permitted to operate or cause to be operated any Video Gaming Terminal until such time as their license(s) is renewed.” (Ordinance 2016-2)

Sec. 11-94. Display. Upon approval of an application/renewal, the Village shall issue a stamp bearing the notation, “Village

of New Milford VGT License No.        

for year

        ”. One stamp

shall be issued for each Video Gaming Terminal and it shall be place in a conspicuous place on the terminal and affixed in such a manner that it cannot be transferred from one terminal to another.

Sec. 11-95. Replacement Stamps. Whenever a licensed Video Game Terminal is replaced during the license year, a replacement stamp must be purchased from the Village. The replacement stamp shall cost Two Dollars ($2.00).

Sec. 11-96. Placement of Video Gaming Terminals. All such Video Gaming Terminals shall, at all times, be kept and placed in plain view of any person or persons who may frequent the establishment at which the Video Gaming Terminal is located.

Sec. 11-97. Violations, Penalties and Suspension/Revocation. The Village Board may suspend or revoke any license issued hereunder for any violation by the license holder of any provision of this Article any provision of the Illinois Video Gaming Act and the rules and regulations implemented thereto, or any other violation of federal, state, or local laws applicable to the business where the Video Gaming Terminals are located.

The Village shall be entitled to impose fines pursuant to Sec. 1-8 of the Village Code of Ordinances for any violation of this Article.

CHAPTER 12 MISCELLANEOUS OFFENSES AND PROVISIONS

Sec. 12-1. DISORDERLY CONDUCT.

A person commits disorderly conduct when he knowingly:

1. Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; or

2. Transmits in any manner to the fire department of any city, town, village, or fire protection district a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or

3. Transmits in any manner to another a false alarm to the effect that a bomb or other explosive of any nature is concealed in such place that its explosion would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in such place; or

4. Transmits in any manner to any peace officer, public officer or public employee a report to the effect that an offense has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in such place; or

5. Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or

6. While acting as a collection agency as defined in the “Collection Agency Act” or as an employee of such collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor; or

7. Transmits a false report to the Department of Children and Family Services under Section 4 of the “Abused and Neglected Child Reporting Act”; or

8. Transmits a false report to the Department of Public Health under the Nursing Home Care Act; or

9. Transmits in any manner to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that such assistance is required.

Sec. 12-2. A person found to be in violation of Section 12-1 of the Code of Ordinances for the Village of New Millford, shall be fined not less than Fifty Dollars ($50.00) and not more than Five Hundred Dollars ($500.00) for each offense.

Sec. 12-3. CURFEW

It is unlawful for a person less than eighteen (18) years of age to be present at or upon any public assembly, building, place, street, or highway at the following times unless accompanied and supervised by a parent, legal guardian or other responsible companion at least twenty-one (21) years of age approved by parent or legal guardian or unless engaged in a business or occupation which the laws of this state authorize a person less than eighteen (18) years of age to perform:

1. Between 12:01 A.M. and 6:00 A.M. Saturday;
2. Between 12:01 A.M. and 6:00 A.M. Sunday;
3. Between 11:00 P.M. on Sunday to Thursday, inclusive, and 6:00 A.M. on the following day.

Sec. 12-4. PARENTAL RESPONSIBILITY.

It is unlawful for a parent, legal guardian or other person to knowingly permit a person in his custody or control to violate this Ordinance.

Sec. 12-5. Any person violating any provision of Section 12-3 or 12-4 of the Code of Ordinances for the Village of New Millford, shall be fined not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00) for each offense.

Sec. 12-6. NOISE.

1. Purpose of Section.

It is found and declared that:

1. The making and creation of loud, unnecessary or unusual noises within the limits of the Village is a

condition which has existed for some time and the extent and volume of such noises is increasing.

2. The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the Village.

3. The necessity in the public interest for the provisions and prohibitions contained in this Section, is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions contained and enacted in this Section are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the Village and its inhabitants.

2. Penalty for Violation of Section. Any person who violates any provision of this article shall be deemed guilty of a misdemeanor and/or subject to the penalties set for in Section 1-8 of the Village Code of Ordinances. This Section maybe

enforced by the Winnebago County Sheriff’s Department and/or the Village.

3. Disturbing, Endangering Health, Peace or Safety of Others. It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the Village.

4. Acts Specifically Declared to be Violations of this Section. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this Section, but such enumeration shall not be deemed to be exclusive, namely:

4. Radios; phonographs; sound-producing or reproducing machines and devices. The using, operating, or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb

the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, chamber or area in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 10:00 p.m. and 7:00 a.m. on Sunday through Thursday; and between the hours of midnight through 7:00 a.m. on Friday and Saturday, in such a manner as to be plainly audible at a distance of

         feet from the building, structure or area in which it is located shall be prima facie evidence of a violation of this section.

5. Loudspeakers; amplifiers for advertising. The using, operating or permitting to be played, used, or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure except with permission of the Village.
6. Yelling, shouting, hooting, whistling or singing. Yelling, shouting, hooting, whistling, or singing on the public streets or public property, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.

7. Animals; birds. The keeping of any animal or bird which by causing frequent or long continued noise, including, but not limited to, barking, howling, crying, squawking, chirping, or hissing, which shall disturb the comfort or repose of any persons in the vicinity.
8. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

9. Construction or repairing of buildings. The erection (including excavating), demolition, alteration or repair of any building or structure between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, and 6:00 p.m. and 8:00 a.m. on weekends, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Village.

10. Schools; courts; churches. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use.

11. Piledrivers; hammers; other power tools or devices. The operation between the hours of 9:00 p.m. and 6:00 a.m. of any piledriver, power mower, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other power tool, saw or device, the use of which is attended by loud or unusual noise.

12. Blowers. The operation of any noise creating blower or power fan unless the noise from such blower or fan is muffled sufficient to deaden such noise.”

5. Noise Permit. Notwithstanding the foregoing provisions, the Village Board, may issue a noise permit for special community events, including, but not limited to, parades, carnivals, fairs, festivals, concerts and fundraisers wherein the noise regulations set forth in this Section may be varied from with respects to such special community events. The Village Board may impose such conditions and regulations as it deems reasonably appropriate on the issuance of a noise permit. Applications for such noise permit may be obtained from the Village Clerk. The fee for such noise permit shall be $        .

Sec.12-7. POSSESSION OR SALE OF DRUG PARAPHERNALIA UNLAWFUL.

1. Definitions.

1. The term “drug paraphernalia” means all equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in Section 10 of the Methamphetamine Control and Community Protection Act, which are intended to be used unlawfully in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body cannabis or a controlled substance in violation of the Cannabis Control Act (720 ILCS 550/1 et seq.), the Illinois Controlled Substances Act (720 ILCS 570/100 et seq.), or the Methamphetamine Control and Community Protection Act (720 ILCS 646/1 et seq.). It includes, but is not limited to:

1. Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance;

2. Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is cannabis or a controlled substance;

3. Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances;

4. Diluents and adulterants intended to be used unlawfully for cutting cannabis or a controlled substance by private persons;

5. Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body including, where applicable, the following items:

1. Water pipes;
2. Carburetion tubes and devices;
3. Smoking and carburetion masks;
4. Miniature        cocaine        spoons,        and cocaine vials;
5. Carburetor pipes;
6. Electric pipes;
7. Air-driven pipes;
8. Chillums;
9. Bongs;
10. Ice pipes or chillers.

6. Any item whose purpose, as announced or described by the seller, is for use in violation of this Act.

2. In determining whether an object is Drug Paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:

7. Statements by an owner or by anyone in control of the object concerning its use;

8. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;

9. The proximity of the object, in time and space, to a direct violation of the Controlled Substances Act;

10. The proximity of the object to controlled substances;

11. The existence of any residue of controlled substances on the object;

12. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of the Controlled Substances Act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the Controlled Substances Act shall not prevent a finding that

the object is intended for use, or designed for use as Drug Paraphernalia;

13. Instructions, oral or written, provided with the object concerning its use;

14. Descriptive materials accompanying the object which explain or depict its use;

15. National and local advertising concerning its use;

16. The manner in which the object is displayed for sale;

17. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

18. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;

19. The existence and scope of legitimate uses for the object in the community;

20. Expert testimony concerning its use.

2. Possession and/or sale of Drug Paraphernalia. It is unlawful for any person or business to use, or to possess with intent to use or sell, Drug Paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Controlled Substances Act. Any person who violates this section upon conviction shall be fined not less than $250.00 nor more than $750.00 per day that said violation occurs with each day such violation occurs constituting a separate offense.

3. Manufacture or delivery of Drug Paraphernalia. It is unlawful for any person or business to deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, Drug Paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be

used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Controlled Substances Act as amended. Any person who violates this section upon conviction shall be fined not less than $250.00 nor more than $750.00 per day that said violation occurs with each day such violations occurs constituting a separate offense.

4. Advertisement of Drug Paraphernalia. It is unlawful for any person or business to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as Drug Paraphernalia. Any person or business who violates this section upon conviction shall be fined not less than $250.00 nor more than $750.00 per day that said violation occurs with each day such violations occurs constituting a separate offense. (Ordinance No. 2013-6)

Sec. 12-8 through 12-24. RESERVED.

Sec. 12-25. Sexually-Oriented Businesses

1. A “sexually-oriented” business may not be operated within one thousand (1000) feet of the following previously established uses: a church, synagogue or a regular place of worship, a public or private elementary or secondary school, any property legally used or zoned for residential purposes, a public park, a daycare facility or another “sexually-oriented” business.

2. For the purposes of this Section, the term “sexually- oriented” business shall include: “sexually-oriented” arcades, “sexually-oriented” bookstores, “sexually-oriented” video stores, massage parlors, escort agencies, nude model studios or “sexually-oriented” clubs, taverns or bars.

1. A “sexually-oriented” arcade shall be defined as any place to which the public is permitted or invited wherein coin or slug-operated, electronically or mechanically controlled, still or motion picture machines, projectors or other image producing devices which are maintained to show images to five or fewer persons, per machine at any one time, and where the images so displayed

are distinguished or characterized by the depicting or describing of special sexual activities or specified anatomical areas.

2. A “sexually-oriented” bookstore or “sexually- oriented” video store shall be defined as a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

1. Books, magazines, periodicals or other printed materials or photographs, films, motion pictures, video cassettes or video reproductions, slides, digital video disks or other visual representations which depict or describe special sexual activities or specified anatomical areas, or

2. Instruments, devices or paraphernalia which are designed for use in connection with special sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or special anatomical areas, and still be categorized as a “sexually-oriented” bookstore or “sexually-oriented” video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as a “sexually-oriented” bookstore or “sexually-oriented” video store, as long as one of its principal business purposes is offering for sale or rental or for consideration, the specific materials that depict or describe special sexual activities or specified anatomical areas.

3. An escort agency shall be defined as association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration. An escort shall be defined as a person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

4. A massage parlor shall be defined as any establishment where any person engages in massage, excluding, however, hospitals, nursing homes, sanitaria, persons owning an unrevoked certificate to practice healing

arts in the State of Illinois, or persons working under the direction of any such persons, in any such establishments, and also excluding barbers and cosmetologists lawfully carrying out their particular profession and holding a valid, unrevoked license, or certificate of registration, issued by the State of Illinois, and also excluding any person holding a valid license issued by a state that licenses massage therapists or any person who is a member in good standing of the American Massage Therapy or the American Oriental Body Work Therapy Association.

5. A nude model studio shall be defined as a place where a person who appears in a state of nudity or displays specified anatomical areas specified to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.

6. A “sexually-oriented” club, tavern or bar shall include any commercial establishment where alcoholic beverages, food or snacks may or may not be served and where the principal activity therein is for entertainment, wherein the public is permitted or invited and wherein individuals in a nude or semi-nude state perform in a “sexually-oriented” nature special sexual activities or where specific anatomical areas are displayed.

3. “Nudity” means the appearance of human bare buttocks, anus, male genitals, female genitals or full female breasts. “Specified anatomical areas” means the male genitals in a state of sexual arousal and/or the vulva or more intimate part of the female genitals.

4. For the purposes of this Subsection, “specified sexual activities” means and includes any of the following:

7. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.

8. Sex acts, normal or perverse, actual or simulated, including intercourse, oral, copulation or sodomy.

9. Masturbation, actual or simulated.

10. Excretory functions as part of or in connection with any of the activities set forth in 1 through 3 above.

5. For the purposes of this Section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure where a “sexually-oriented” business is conducted to the nearest property line of a church, school, park, residential use or other “sexually-oriented” business, or to the nearest boundary of a residential zoning district.

6. Nothing in this Section shall be interpreted to authorize or permit any activity or conduct prohibited by any local, state or federal law, including but not limited to obscenity and prostitution.

7. Violation of any provision of this Ordinance shall result in a fine being issued of not less than Two Hundred Fifty Dollars ($250.00) nor more than Seven Hundred Fifty Dollars ($750.00) per day that said violation shall occur.

CHAPTER 13

MOBILE HOMES AND MOBILE HOME PARKS

RESERVED

CHAPTER 14

MOTOR VEHICLES AND TRAFFIC ARTICLE I. INOPERABLE MOTOR VEHICLES

Sec. 14-1. DEFINITIONS.

The term “inoperable motor vehicle” as used in this Article shall mean any motor vehicle from 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 power. The term “inoperable motor vehicle” shall not include a motor vehicle which has been rendered temporarily, for a period not exceeding seven (7) days, incapable of being driven under its own power in order to perform ordinary service or repair operations.

Sec. 14-2. PUBLIC NUISANCE DECLARED.

It is hereby declared that all inoperable motor vehicles, whether on public or private property and in view of the general public, are a public nuisance. Any motor vehicle or part thereof which is inoperable or deteriorated or in need of repair which is located for seven (7) days or more upon public or private property within the Village of New Millford, Illinois, outside any enclosure which encloses the vehicle completely from lateral view on all sides, is hereby declared to be a public nuisance.

Sec. 14-3. REPAIRS/TIME LIMIT.

Any inoperable motor vehicle which has been rendered temporarily, for a period of seven (7) days or more, incapable of being driven under its own power in order to perform ordinary service or repair operations is hereby declared to be public nuisance. Said inoperative motor vehicle which has been rendered temporarily, for a period of seven (7) days or more, incapable of being driven under its own power in order to perform ordinary service or repair operations shall be placed within a building, which building encloses the vehicle completely from lateral view on all sides so that it is not in view of the general public.

Sec. 14-4. EXCEPTION.

Nothing in this Article shall apply to any motor vehicle that is kept within a building or an enclosure which encloses the vehicle on the lawfully zoned premises of a place of

business engaged in the repair, wrecking or junking of motor vehicles.

Sec. 14-5. PENALTY.

Any owner or lessee or any other person in control of the premises and the owner or lessee or any public nuisance as declared in this Article, to exist or who maintains such public nuisance shall, upon conviction, be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), and each day’s failure to comply with the provisions of this Article shall constitute a separate offense. Each motor vehicle which is permitted to exist as a public nuisance shall constitute the subject of a separate offense.

Sec. 14-6. ENFORCEMENT.

This Article shall be enforced by the Police Department of the Village of New Millford, Illinois, or by such agencies of the County of Winnebago, Illinois, as may from time to time be designated to enforce this Article by the Village of New Millford.

Sec. 14-7. REMOVAL, AFTER NOTICE.

1. Winnebago County deputy sheriffs representing the Village of New Millford under terms of an intergovernmental agreement between Winnebago County and the Village are hereby authorized to remove, after seven (7) days from the issuance of the municipal notice, any inoperable motor vehicle or parts thereof.

2. Prior to removing any inoperable motor vehicle or parts thereof, said law enforcement agency shall send a municipal notice to the owner or occupier of the public or private property involved where said offending inoperable motor vehicle or parts thereof are located, stating in substance, that said inoperable motor vehicle, or parts thereof, after reasonable notice describing the same in said notice, are to be removed by said owner or occupier of the public or private property involved within seven (7) days after the date of service of said notice.  Said municipal notice may be served by deposit in the

U.S. Mail with sufficient postage for delivery of same, or by personal service of said notice by said law enforcement agency of the Village, or by deposit in the U.S. Mail by certified mail, return receipt requested or registered mail with the proper postage prepaid addressed to said owner or occupier of the premises involved.

3. After seven (7) days from the issuance of said municipal notice, said inoperable motor vehicle or parts thereof which have not been removed shall be removed by said law enforcement agency of the Village to a suitable storage area. The owner or occupier of the land involved or the owner of said inoperable motor vehicle or the part thereof, shall be liable for the payment of reasonable charges for towing and storage of such inoperable motor vehicle or parts thereof as a condition to regaining possession.

Sec. 14-8 through 14-20. RESERVED.

ARTICLE II. DRIVING LICENSES, PERMITS, AND REGISTRATIONS

Sec. 14-21. LICENSE OR PERMIT REQUIRED.

No person shall drive any motor vehicle upon the streets in the Village unless such person has a valid license or permit, or a restricted driving permit, issued by the Secretary of State of the State of Illinois.

Sec. 14-22. UNLAWFUL USE OF LICENSE OR PERMIT.

1. No person shall display or cause or permit to be displayed or have in his possession any cancelled, revoked, suspended, fictitious or fraudulently altered license or permit to drive a motor vehicle.

2. No person shall lend his license or permit to any other person or knowingly allow the use thereof by another.

3. No person shall display or represent as his own any license or permit not issued to him.

4. No person shall display any unlawful use of a license or permit to drive a motor vehicle issued to him.

5. No person shall display, or cause or permit to be displayed or represent or cause to represent any document which purports to be an official drivers license or permit which is not issued by the Secretary of State of Illinois.

6. No person shall duplicate, manufacture or sell any document which purports be an official drivers license or permit which is not issued by the Secretary of State of the State of Illinois.

7. No person shall cause, authorize or knowingly permit a motor vehicle owned by him or under his control to be driven

upon any street in the Village by any person who is not authorized to drive said motor vehicle by the Secretary of State of the State of Illinois or in violation of any of the provisions of the Illinois Vehicle Code.

8. No person shall rent a motor vehicle to any other person unless the lessee is then duly licensed pursuant to the Illinois Vehicle Code or in the case of a non-resident, then duly licensed under the laws of the state or country of his residence.

Sec. 14-23. NO VALID REGISTRATION.

No person shall operate, nor shall an owner knowingly permit to be operated, upon any highway unless there shall be attached thereto and displayed thereon when and as required by law, proper evidence of registration in Illinois, as follows:

1. A vehicle required to be registered in Illinois. A current and valid Illinois registration sticker or stickers and plate or plates, or an Illinois temporary registration permit, or a driveway decal or in-transit permit, issued therefore by the Secretary of State.

Sec. 14-24. OPERATION OF VEHICLE WHEN REGISTRATION CANCELLED, SUSPENDED OR REVOKED.

No person shall operate, nor shall an owner knowingly permit to be operated, upon any highway:

1. A vehicle the registration of which has been cancelled, suspended or revoked.

Sec. 14-25 through 14-35. RESERVED.

ARTICLE III. TRAFFIC SIGNS, SIGNALS, AND MARKINGS

Sec. 14-36. OBEYING OF TRAFFIC CONTROL DEVICES.

1. Every person operating a motor vehicle in the Village shall obey the instructions of any official traffic control device applicable thereto placed in accordance with this Ordinance unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle defined in the Village Vehicle Code.

2. It is unlawful for any person to leave the roadway and travel across private property to avoid an official traffic control device.
3. No provision of this Ordinance for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person.

4. A driver of a vehicle approaching a traffic control signal on which no signal light facing such vehicle is illuminated shall stop before entering the intersection in accordance with rules applicable in making a stop at a stop sign.

Sec. 14-37. AUTHORITY FOR TRAFFIC SIGNALS.

The Village of New Millford through its designated officers with reference to the streets and highways within the Village may designate through streets and highways, and place and maintain traffic control devices upon streets and highways within the Village including but not limited to the erection of stop signs or yield signs for the designation of any intersection as a stop intersection or as a yield intersection.

Sec. 14-38. INTERFERENCE WITH OFFICIAL TRAFFIC CONTROL DEVICES.

No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any official traffic control device, or any part thereof.

Sec. 14-39. UNLAWFUL USE OR DAMAGE TO HIGHWAYS, APPURTENANCES AND STRUCTURES.

It shall be unlawful for any person to willfully insure or damage any public street or highway or any bridge, culvert, sign, sign post, or structure upon or used or constructed in connection with any public street or highway within the Village for the protection thereof or for protection or regulation of traffic thereon by any willfully unusual, improper or unreasonable use thereof, or by willfully and careless driving or use of any vehicle thereon or by willful mutilation, defacing or destruction thereof.

Sec. 14-40. UNLAWFUL POSSESSION OF HIGHWAY SIGN OR MARKER.

The Village of New Millford, with reference to traffic control signs, signals, or markers owned by the Village, except for employees of the Village, police officers, contractors and their employees engaged in street or highway construction work approved by the Village, it is unlawful for any person to possess such sign, signal, traffic control device or marker so identified.

Sec. 14-41. OBSTRUCTION TRAFFIC.

No person shall park or place any vehicle or other property of any kind within the streets or highways of the Village of New Millford so as to obstruct or interfere with traffic or travel of other vehicles or pedestrians or endanger the public safety.

Sec. 14-42 through 14-50. RESERVED.

ARTICLE IV. SPEED RESTRICTIONS

Sec. 14-51. SPEED LIMITS.

Except as otherwise provided in this Ordinance, it shall be unlawful for any person to drive any motor vehicle on any street not under the jurisdiction of the state or the county in an urban district within the Village at a speed in excess of twenty

(20) miles per hour. Except that Rydberg Road and Rotary Road within the Village limits shall be thirty-five (35) miles per hour.

Sec. 14-52. Speed Limits (Cherokee Hills Subdivision).

It shall be unlawful for any person to drive any motor vehicle on the following roadways located in Cherokee Hills Subdivision in excess of 30 miles per hour: See “Exhibit A”.

Sec. 14-53 through 14-55. RESERVED.

ARTICLE V. TRANSPORTATION OF ALCOHOLIC LIQUOR

Sec. 14-56. TRANSPORTATION OF ALCOHOLIC LIQUOR.

1. Except as provided in paragraph (B) of this Section, no person shall transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle except in the original container and with the seal unbroken.

2. This Section shall not apply to the passengers of a chartered bus designated for carrying more than ten persons when it is being used for the transportation of said persons. However, this provision of paragraph (B) shall not extend to buses chartered for school purposes. The driver of any such vehicle is prohibited from consuming or having any alcoholic liquor in or about the driving area of any such vehicle.

3. Evidence of alcoholic consumption alone shall be prima facie evidence of the driver’s failure to obey paragraph (B) of this Section.

Sec. 14-57 through 14-60. RESERVED.

ARTICLE VI. RULES OF THE ROAD

Sec. 14-61. OBSTRUCTION OF TRAFFIC.

No vehicle shall be operated or allowed to remain upon any street in such a manner as to form an unreasonable obstruction to the traffic thereon.

Sec. 14-62. STOP STREET.

The driver of a vehicle shall stop in obedience to a stop sign at an intersection where a stop sign is erected at one or more entrances thereto, and shall proceed cautiously, yielding to the vehicles not so obliged to stop which are within the intersection of 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 from the Police Officer shall be complied with.

Sec. 14-63. VEHICLES APPROACHING OR ENTERING INTERSECTION.

Except as otherwise provided by law or ordinance, the driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different street or roadway.

Sec. 14-64. MUFFLERS, PREVENTION OF NOISE.

Every motor vehicle driven or operated upon the highways of this State shall at all times be equipped with an adequate muffler or exhaust system in constant operation and properly maintained to prevent any excessive or unusual noise. No such muffler or exhaust system shall be equipped with a cutout, bypass or similar devise, no person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise of such vehicle above that emitted by the muffler originally installed on the vehicle, and such original muffler shall comply with all the requirements of this Section.

Sec. 14-65. RECKLESS DRIVING.

Any person who drives any vehicle with a willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

Sec. 14-66. DRAG RACING.

No person as an operator of a motor vehicle shall be a participant in drag racing upon any street or highway within the Village. “Drag Racing” means the act of two or more individuals competing or racing on any street or highway in this Village in

a situation in which one of the motor vehicles is beside or to the rear of a motor vehicle operated by a competing driver from passing or overtaking him, either by acceleration or maneuver, or one or more individuals competing in a race against time on any street or highway within this Village.

Sec. 14-67. DRIVE ON RIGHT SIDE OF ROADWAY.

1. Upon all streets or roadways within the Village a vehicle shall be driven upon the right half of the roadway, except as follows:

1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movements;

2. When an obstruction exists making it necessary to drive to the left of the center of the roadway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in a proper direction upon the unobstructed portion of the street or highway within such distance as to constitute an immediate hazard;

3. Upon a roadway or street divided into three marked lanes for traffic under the rules applicable thereon;

4. Upon a roadway restricted to one-way traffic;

5. Whenever there is a single tract paved road on one side of the public highway and two vehicles meet thereon, the driver on whose side is the wider shoulder shall give the right- of- way on such pavement to the other vehicle.

2. Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane available for traffic, or as close as practicable to the right- hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

3. Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use

such lanes, or except as permitted under Section A.2. herein. However, this subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway.

Sec. 14-68. PASSING VEHICLES PROCEEDING IN OPPOSITE DIRECTIONS.

Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible.

Sec. 14-69. OVERTAKING A VEHICLE ON THE LEFT.

The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, excepting and special rules otherwise stated in the Illinois Vehicle Code:

1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway unless safely clear of the overtaken vehicle. In no event shall such movement to be made by driving off the pavement or the main-traveled portion of the roadway.

2. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

3. The driver of a two-wheeled vehicle may not, in passing upon the left of any vehicle proceeding in the same direction, pass on the right of any vehicle proceeding in the same direction unless there is an unobstructed lane of traffic available to permit such passing maneuver safely.

Sec. 14-70. LIMITATIONS ON OVERTAKING ON THE LEFT.

No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of the Illinois Vehicle Code and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle

must return to an authorized lane of travel as soon as practicable in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any vehicle approaching from the opposite direction.

Sec. 14-71. FOLLOWING TOO CLOSELY.

1. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and traffic upon and the conditions of the highway.

2. The driver of any truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a truck or motor vehicle drawing another vehicle from overtaking and passing any vehicle or combination of vehicles.

3. Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.

Sec. 14-72. REQUIRED POSITION AND METHOD OF TURNING AT INTERSECTIONS.

The  driver  of  a  vehicle  intending  to  turn  at  an intersection shall do so as follows:

1. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.

2. The driver of a vehicle intending to turn left at any intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction or travel of such vehicle, and after entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being entered. Whenever practicable the left turn shall be made in that portion of the

intersection to the left of the center of the intersection.

3. The Village of New Millford may cause official traffic control devises to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this Section be traveled by vehicles turning at an intersection, and where such devises are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such devise.

4. When a special lane for making left turns by drivers proceeding in opposite directions has been indicated by official traffic control devises, allowing for exceptions which are normal traffic engineering standards:

1. A left turn shall not be made from any other lane;

2. A vehicle shall not be driven in the lane except when preparing for or making a left turn from or into roadway or when preparing for or making a U-turn when otherwise permitted by law.

Sec. 14-73. LIMITATIONS ON U-TURNS.

1. The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other on streets within the Village where there is not traffic control devises limiting U-turns.

2. No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 500 feet.

3. No driver of any motor vehicle upon the streets or highways within the Village of New Millford shall make a U-turn where “No U-turns” or similar traffic control devices are placed prohibiting the same.

Sec. 14-74. STARTING A PARKED VEHICLE.

No person shall start a vehicle which is stopped, standing or parked until such movement can be made with reasonable safety.

Sec. 14-75. WHEN SIGNAL REQUIRED.

1. No person shall turn a vehicle at an intersection

unless the vehicle is in proper position upon the roadway as required by this ordinance or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person may so turn any vehicle without giving an appropriate signal in the manner hereinafter provided.

2. A signal of intention to turn right or left when required must be given continuously during not less than the last 100 feet traveled by the vehicle before turning within a business or residence district, and such signal must be given continuously during not less than the last 200 feet traveled by the vehicle before turning outside a business or residence district.

3. No person may stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in the Illinois Vehicle Code to the driver of any vehicle immediately to the rear when there is opportunity to give such a signal.

4. The electric turn signal device required in Section 12-

108 of the Illinois Vehicle Code must be used to indicate an intention to turn, change lanes or start from a parallel park position but must not be flashed on one side only on a parked or disabled vehicle or flashed as a courtesy or “do not pass” signal to operators of other vehicles approaching from the rear. However, such signal devices may be flashed simultaneously on both sides of a motor vehicle to indicate the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking and passing.

Sec. 14-76. SIGNAL BY HAND OR ARM OR SIGNAL DEVICE.

Any stop or turn when required herein shall be given either by means of the hand and arm or by an electric turn signal device conforming to the requirements of Section 12-208 of the Illinois Vehicle Code.

Sec. 14-77. METHOD OF GIVING HAND AND ARM SIGNALS.

All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:

1. Left turn — Hand and arm extended horizontally;

2. Right turn — Hand and arm extended upward;

3. Stop or decrease of speed — Hand and arm extended downward.

Sec. 14-78. RIGHT-OF-WAY RULES.

The following right-of-way rules shall apply to any person driving a vehicle within the Village of New Millford.

1. When two vehicles approach or enter an intersection from different roadways at approximately the same time, the driver of the vehicle on the left must yield the right-of-way to the vehicle on the right.

2. The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard, but said driver, having so yielded may proceed at such time as a safe interval occurs.

3. Except when directed to proceed by a police officer or traffic control signal every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if not 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 before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another roadway or which is approaching so closely on the roadway as to constitute an immediate hazard during the time when the driver is moving across or within the intersections, but said driver having so yielded may proceed at such time as a safe interval occurs.

4. The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down in a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop sign, but if not, 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 roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection.

5. If a driver is involved in a collision at an intersection or interferes with the movement of other vehicles after driving past a yield right-of-way sign, such collision or interference shall be deemed prima facie evidence of the drivers failure to yield right-of-way.

Sec. 14-79. VEHICLE ENTERING HIGHWAY FROM PRIVATE ROAD OR DRIVEWAY.

The driver of a vehicle about to enter or cross a highway from an alley, building, private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered.

Sec. 14-80. EMERGING FROM ALLEY, BUILDING, PRIVATE ROAD OR DRIVEWAY.

The driver of a vehicle emerging from an alley, building, private road or driveway, within an urban area shall stop such vehicle immediately prior to driving into the sidewalk area extending across such alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right- of-way to all vehicles approaching on such roadway.

Sec. 14-81. WHEN LIGHTED LAMPS ARE REQUIRED.

1. When upon any street or highway within the Village of New Millford, during the period from sunrise to sunset, every motorcycle shall at all times exhibit at least one lighted lamp, showing a white light visible for at lease 500 feet in the direction the motorcycle is proceeding.

2. All motor vehicles shall, during the period from sunset to sunrise, or at any other time when visibility is so limited as to required the use of lights for safety, exhibit two lighted driving lamps, except that a motorcycle need exhibit only one such driving lamp, showing white lights, or lights or a yellow or amber tint, visible for at least 500 feet in the direction the motor vehicle is proceeding. Parking lamps may be used in addition to but not in lieu of any such driving lamps. Every motor vehicle, trailer or semi-trailer shall also exhibit at least two lighted lamps, commonly known as tail lamps, which shall be mounted on the left rear and right rear of the vehicle so as to throw a red light visible for at least 500 feet in the reverse direction, except that a motorcycle or a truck tractor

or road tractor manufactured before January 1, 1968, need be equipped with only one such lamp.

3. Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light a rear registration place when required and render it clearly legible from a distance of 50 feet to the rear. Any tail lamp or tail lamps, together with a separate lamp or lamps for illuminating a rear registration plate, shall be so wired as to be lighted whenever the driving lamps or auxiliary driving lamps are lighted.

Sec. 14-82. DRIVING UPON SIDEWALKS.

No person shall drive any motor vehicles within the Village of New Millford upon a sidewalk or sidewalk area except upon permanent or duly authorized temporary driveway or except for special delivery or pickup involving goods or customer services.

Sec. 14-83. NEGLIGENT DRIVING.

It shall be unlawful for any person to operate a motor vehicle upon the public streets or highways within the corporate limits of the Village of New Millford, Illinois, in such a manner as to endanger or be likely to endanger any persons or property.

Sec. 14-84.        TRUCK TRAFFIC RESTRICTIONS.

1. No vehicle or combination of vehicles, unladen or with load, shall be driven on a posted “No Truck” street when said vehicle carries an Illinois license designation greater than a “Class B” or its equivalent out of state license. Nothing in this Ordinance shall prohibit safety vehicles from driving on roads posted “No Trucks”.

2. Subject to the restrictions set forth above in paragraph A, trucks as defined above shall be prohibited from driving on the following highways located within the Village:

1. Rydberg Road between Rotary Road and Baxter Road.

Sec. 14-85. REGULATION OF OFF-ROAD TRACKS.

No off-road track or path for use by motorized vehicles shall be allowed in the Village except for the following:

1. Commercially and Industrially zoned areas.
2. Agriculturally zoned areas, except that no portion of the off-road track or path may be within 2640 feet of residentially zoned properties.

Sec. 14-86 through 14-110. RESERVED.

ARTICLE VII. EQUIPMENT

Sec. 14-111. DEFINITIONS.

1. “Bumper”. Every device or system of devices protruding from and attached to the front or rear of a motor vehicle which has been designed to be used to absorb the impact of a collision.

2. “Suspension system”. The system of devices consisting of but not limited to: springs, spring shackles, shock absorbers, torsion bars, frame or any other supporting members used to attach the body of a motor vehicle to its axles.

3. “Motor vehicle”. Every vehicle which is self- propelled, but. not operated upon rails.

4. “Motorcycle”. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.

5. “Chassis”. Every frame or supportive element of a vehicle whether or not a manufacturer’s identification number, serial number, or other identifying numbers are present on said part.

Sec. 14-112. REGULATIONS.

It shall be unlawful to operate a motor vehicle on any highway of the Village when the suspension system has been modified from the original manufactured design by lifting the body line from the front to the rear bumper to vary over three inches in height when measured from a level surface of the highway to the lower edge of the bumper. Nothing in this Section shall prevent the installation of manufactured heavy- duty equipment to include shock absorbers and overload springs, nor shall anything contained in this Section prevent a person from operating a motor vehicle on any highway of this Village with normal wear of the suspension system if normal wear does not effect the control or safe operation of the vehicle. This Section shall not apply to motor vehicles designed or modified

primarily for off-highway racing purposes while such vehicle are in tow or to motorcycles or motor-driven cycles.

Sec. 14-113. BUMPER REQUIREMENTS.

It shall be unlawful to operate any motor vehicle with a gross vehicle weight rating of 9,000 pounds or less or any motor vehicle registered as a recreational vehicle under this Article on any highway of this Village unless such motor vehicle is equipped with both a front and rear bumper.

Except as indicated below, maximum bumper heights of such

•motor vehicles shall be determined by weight category of gross vehicle weight rating (GVWR) measured from a level surface at the highest point of the bottom of the bumper when the vehicle is unloaded and the tires are inflated to the manufacturer’s recommended pressure.

Maximum bumper heights are as follows:

MAXIMUM FRONT        MAXIMUM READ

BUMPER HEIGHT        BUMPER HEIGHT

All motor vehicles of the first division	22	inches	22	inches
4,500 lbs. and under GVWR	24	inches	26	inches
4,501 lbs. – 7,500 lbs. GVWR	27	inches	29	inches
7,501 lbs. – 9,000 lbs. GVW	28	inches	30	inches

However, nothing in this Section shall prevent the installation of bumper guards.

This Section shall not apply to motor vehicles designed or modified primarily for off-highway purposes while such vehicles are in tow or to motorcycles or motor driven cycles, nor to motor vehicles registered as antique vehicles when the original design of such vehicles did not include bumpers.

Sec. 14-114. PENALTY.

Any person found guilty of violating any Section of this Article shall be punished by fine of not less than Fifty Dollars ($50.00) but not more than Five Hundred Dollars ($500.00).

Sec. 14-115. LIGHTS.

It shall be unlawful to operate or park on any street any vehicle not equipped with adequate lights conforming to the requirements of state law.

Sec. 14-116. BRAKES.

It shall be unlawful to drive any vehicle upon any street in the Village unless such motor vehicle is equipped with good and sufficient brakes in good working order, as required by the state traffic law, or to operate any vehicle which is so loaded that the operator does not have ready access to the mechanism operating the brakes of such vehicle.

Sec. 14-117. TIRES.

It shall be unlawful to operate on any street any motor vehicle which is not equipped with tires conforming to the requirements of the state traffic law.

Sec. 14-118. PERSONS REQUIRED TO WEAR SAFETY BELTS.

Each driver and front seat passenger of a motor vehicle operated on a street or highway in the Village shall wear a properly adjusted and fastened seat safety belt.

Every parent or legal guardian of a child under the age of four (4) years residing in this State shall be responsible, when transporting his or her child in a motor vehicle or recreational vehicle, of which that parent or guardian is the owner, on the roadway, streets or highways of this State, for providing for the protection of such child by properly securing him or her in a child restraint system.

For purposes of this Section, “child restraint system” means any device which meets the standards of the United States Department of Transportation designed to restrain, seat or position children.

For purposes of this Section, “legal guardian” means a person appointed guardian, or given custody, of a minor by a circuit court of this State, but does not include a person appointed guardian, or given custody of a minor under the Juvenile Court Act.

The provisions of this Ordinance shall not apply to a child passenger with a physical handicap of such a nature as to prevent appropriate restraint in such a seat, provided that such handicap is duly certified by a physician who shall state the nature of the handicap, as well as the reason the restraint is inappropriate.

EXCEPTIONS. Section 14-118 shall not apply to any of the following:

1. A driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle, if the

speed of the vehicle between stops does not exceed 15 miles per hour.

2. A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt.

3. A driver or passenger possessing an official certificate or license endorsement issued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt.

4. A driver operating a motor vehicle in reverse.

5. A motor vehicle with a model year prior to 1965.

6. A motorcycle or motor driven cycle.

7. A motorized pedalcycle.

8. A motor vehicle which is not required to be equipped with seat safety belts under federal law.

9. A motor vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier.

FAILURE TO COMPLY. Failure to wear a seat safety belt in violation of this Article shall not be considered evidence of negligence, shall not limit the liability of insurer, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle.

Sec. 14-119. A violation of Section 14-118 is a petty offense as it is applicable to the child restraint laws, is a petty offense punishable by a fine of not more than Twenty-five Dollars ($25.00) waived upon proof of possession of an improved child restraint system as defined under this Section. A subsequent violation of Section 14-118 or similar ordinances is a petty offense punishable by a fine of not more than Fifty Dollars ($50.00).

Sec. 14-120. SQUEALING TIRES.

No person shall squeal or make unusual noise with the tires of any vehicle.

Sec. 14-121 through 14-125. RESERVED.

ARTICLE VIII. SNOW REMOVAL – EMERGENCIES

Sec. 14-126. There is hereby declared an emergency within the Village of New Millford at any time snow shall accumulate to a depth of two (2) inches and shall continue until the snow has been plowed and removed from the streets within the Village.

Sec. 14-127. During the period that a snow emergency shall be in effect as defined in Section 14-126, it shall be unlawful for any person to stop, stand or park any motor vehicle on any street in the Village until said street is cleared of snow by the Village authorities.

Sec. 14-128. Any vehicle parked in compliance with this Ordinance on the applicable calendar date may remain so parked until 7:00 A.M. on the day following.

Sec. 14-129. Every person who violates or fails to comply with the provision of this Ordinance shall be fined in a sum not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00) for each offense and in addition to said fine shall be required to pay the reasonable and necessary cost or charge of removing said vehicle from such street.

Sec. 14-130. The police officer of the Village of New Millford, Illinois is hereby authorized to cause the removal from the street of any vehicle parked in violation of the provisions of this Ordinance.

Sec. 14-131 through 14-135. RESERVED.

ARTICLE IX. STANDING, STOPPING AND PARKING

Sec. 14-136. The Village of New Millford does designate no parking areas and prohibited places upon Village streets, alleys, highways and upon Village owned property.

Sec. 14-137. AREAS POSTED “NO PARKING” IN THE VILLAGE.

The owner and/or operator of a vehicle shall be prohibited from parking vehicles in areas posted “Parking This Side Only” or “No Parking” in the Village except as provided in Section 14- 127.

STREET NAME        AREA POSTED        TYPE OF SIGN

Meeker	East	Side	Parking	this	side	only
Mead	East	Side	Parking	this	side	only
Menard	East	Side	Parking	this	side	only
Murray	East	Side	Parking	this	side	only
Mitchell	East	Side	Parking	this	side	only
Montgomery	East	Side	Parking	this	side	only
Macon	South Side		Parking	this	side	only
Morris	South Side		Parking	this	side	only
Mercer	South Side		Parking	this	side	only
Monterey	South Side		Parking	this	side	only
Manderia	South Side		Parking	this	side	only
Midland	West Side		Parking	this	side	only

Miami        ALL AREAS        No Parking

Leonard Road        North Side        Resident parking only Rotary Road        South Side from        No Parking

Rydberg to Meeker

Will James Rd North Side opposite No Parking

New Milford Fire Station

Sec. 14-138. PROHIBITED PLACES OF PARKING:

1. On the roadway side of any vehicle stopped or parked at the edge or curb of a roadway.

2. On a sidewalk.

3. Within three feet of the nearest edge of a public or private driveway or opposite such driveway so as to obstruct ingress or egress.

4. Within an intersection.

5. Within fifteen feet of a fire hydrant.

6. On a crosswalk.

7. Within twenty feet of a crosswalk.

8. Within thirty feet of any flashing signal, stop sign, yield sign, or traffic control signal located at the side of the roadway.

9. Upon any bridge or other elevated structure.

10. RESERVED.
11. In any area which is designated by the posting of signage pursuant to State statute which designates said area as a tow away zone;

12. In any alley;

13. In any fire lane which is properly designated by the posting of signs as required by State statute;

14. Any loading zone properly posted with appropriate signage.

Sec. 14-139. No person shall, without the permission of the owner or lessee of any private property, leave or park any vehicle thereon if there is plain view on such property a “no parking” sign or a “parking this side only” sign.

Sec. 14-140. Every vehicle stopped or parked upon a two way or one way roadway shall be so stopped or parked with its right hand wheels parallel to and within twelve inches of the right hand curb or as close as practicable to the right edge of the right hand shoulder.

Sec. 14-141.  Except for violations of Section 14-138(K), (L),

(M) and (N) any person violating or disobeying any parking signs shall be issued a citation which will result in a fine. A separate offense shall be deemed committed upon each day during or on which violations occur or continue.

Any person or entity violating Section 14-138 (K), (L), (M) and

(N) shall be fined the minimum amount stated below if paid within ten (10) days from the issuance of said citation, and the maximum amount indicated below in the event that said citation is not paid within ten (10) days from the date of issuance:

14-138(K) –	$25-100
14-138(L) –	$50-100
14-138(M) –	$50-100
14-138(N) –	$50-100

Sec. 14-142. LIMITATION ON PARKING OF TRUCKS IN RESIDENTIAL AREAS.

1. It shall be unlawful for the operator or owner of any motor vehicle except a passenger vehicle, public utility truck and truck licensed by the State under the classification of “A” or “B” license, the park such a vehicle within residential areas in the Village of New Millford for a period of longer than one

(1) hour. For the purposes of this paragraph, recreational vehicles classified as “RV” shall not be considered above as an “A” or “B” license.

2. Further, it shall be unlawful to park any vehicle weighing in excess of eight thousand (8,000) pounds gross weight, including vehicle and maximum load, within residential areas of the Village of New Millford for a period of longer than one (1) hour.

3. The requirements of this Section shall not apply to commercial vehicles parked within the Village limits for the purpose of delivering or collecting persons, materials or merchandise or performing some service to the residents on whose property or adjacent to whose property the vehicle is being parked.

Sec. 14-143 through 14-173. RESERVED. Sec. 14-174.        RESTRICTED ROADWAYS.

1. It shall be unlawful to drive and/or park any motor vehicle having a license classification of “D” or higher on the following roads or highways located within the Village of New Millford: Meeker, Mead, Menard, Murray, Mitchell, Montgomery, Macon, Morris, Mercer, Monterey, Manderia, Midland and Miami. This Section shall not apply to any pick-up truck having a “D” plate.

2. The restriction set forth in (a) above shall not apply to garbage refuge vehicles, emergency vehicles, delivery vehicles, or service vehicles.

Sec. 14-175. WEIGHT OF VEHICLES LIMITED BECAUSE OF DETERIORATION DUE TO CLIMATIC CONDITIONS; SIGNS.

1. Whenever by reason of deterioration, rain, snow, freezing and thawing, or other climatic conditions, highways under the control, supervision and jurisdiction of the Village of New Millford may be damaged or destroyed, the maximum weights permitted to be transmitted to the surface of any vehicle shall be limited to conform with the following limitations:

2 axles, single rear tires        7,000 lbs.

*2 axles, dual rear tires        18,000 lbs.

*3 or more axles, dual rear tires        30,000 lbs.

*Gross axle load        11,000 lbs.

The above limitation shall be in effect for a period not to exceed ninety (90) days in any one calendar year, and a notice of the above prohibitions and restrictions shall be posted at each end of that portion of any such highway on signs with black printing on a white background and minimum measurements of thirteen inches by nine inches (13” X 9”).

2. The Village Engineer is hereby authorized and directed to cause signs to be erected and maintained at each end of any such highway, which signs shall designate the maximum weight restrictions here adopted and shall read as follows:

NOTICE

VEHICLE RESTRICTED TO THE FOLLOWING GROSS WEIGHTS

2 axles, single rear tires        7,000 lbs.

*2 axles, dual rear tires        18,000 lbs.

*3 or more axles, dual rear tires        30,000 lbs.

*Gross axle load        11,000 lbs.

Sec. 14-176. PENALTIES.

Whenever any vehicle is operated in violation of Section 14-175 of this Chapter, the owner or driver of such vehicle shall be deemed guilty of such violation and either the owner or the driver of such vehicle may be prosecuted for such violation. Any person, firm or corporation convicted of any violation of Section 14-175 hereof shall be fined according to the following schedule:

Up to and including 2000        $50.00 unless the over- pounds overweight        weight can be shifted or

removed to conform to all legal weights

From 2500	2001 pounds through pounds overweight	The	fine	is	$135.00
From 3000	2501 pounds through pounds overweight	The	fine	is	$165.00
From 3500	3001 pounds through pounds overweight	The	fine	is	$260.00
From 4000	3501 pounds through pounds overweight	The	fine	is	$300.00

From 4001 pounds through

4500 pounds overweight        The fine is $425.00

From 4501 pounds through

5000 pounds overweight        The fine is $475.00

From 5001 or more pounds

overweight        The fine is $500.00

Section 14-177. PROHIBITION OF THE OPERATION OF SNOWMOBILES ON MUNICIPALLY OWNED PROPERTY

1. It shall be unlawful for any person to drive or operate any snowmobile on any municipally owned real estate other than provided for under 625 ILCS 40/2.

2. Any person found to be in violation of this Ordinance shall be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00).

Section 14-178.        HANDICAP PARKING AREAS

1. HANDICAPPED SIGNS. The Village shall install proper signs indicating such areas are reserved for handicapped persons only; and,

2. DECAL REQUIRED. It shall be unlawful to park any motor vehicle which is not bearing a registration plate issued to a handicapped person as defined in 625 ILCS 5/1-159.1, pursuant to 625 ILCS 5/3-616, or to a disabled veteran pursuant to 625 ILCS 5/3-609, or a special decal or device issued pursuant to 625 ILCS 5/3-616, or pursuant to 65 ILCS 5/11- 1301.2, or a motor vehicle registered in another jurisdiction upon which is displayed a registration plate, special decal or device issued by the other jurisdiction designating the vehicle is operated by or for a handicapped person, or issued under the authority of the Village Board of Trustees of the Village of New Millford as evidence that the vehicle is operated by or for a handicapped person or disabled veteran, in any parking space specifically reserved by the posting of the proper sign to the effect that said parking place is for handicapped persons or motor vehicles bearing such registration plates or decals.

3. PENALTY. Violation of this Section shall be punishable, upon conviction, by a mandatory fine of One Hundred Dollars ($100.00) for each offense in addition to any cost or

charges connected with the removal or storage of any motor vehicle pursuant to 625 ILCS 5/11-1301.3(b).

Sec. 14-179 through 14-199. RESERVED.

ARTICLE X.

SNOWMOBILE ORDINANCES, SNOWMOBILES, SNOWMOBILE REGULATIONS

Sec. 14-200.

It shall be unlawful for any person to drive or operate any snowmobile within the Village of New Millford, Illinois, except under the following rules and regulations.

1. Time of Operation. Any person may drive or operate a snowmobile between 10:00 a.m. and 10:00 p.m. on any day with the exception that on Saturdays, the hours of operation are extended until 12:00 a.m. midnight.

2. Snowmobiles will not be permitted on any public street or road other than specified by proper signage, and may not be operated on any private property without the prior written permission of the owner of the property. However, the driver or operator of the snowmobile may cross a street, road or highway on a 90o angle to said roadway for the purpose of driving the snowmobile from one (1) authorized area to another.

3. Snowmobiles driven or operated traveling North or South along Illinois Route 251 shall be subject to the rules and regulations of the State of Illinois and not the Village of New Millford.

4. It shall be unlawful for any driver or operator of a snowmobile to operate the snowmobile within the Village of New Millford boundaries without displaying a current State of Illinois registration.

5. The driver or operator of the snowmobile may operate the vehicle along the following roads or highways located within the Village of New Millford and no others:

1. The South right of way of Rotary Road from the Village limits on the East to Illinois Route 251 on the West.

2. The West right of way of Rydberg Road from the Village limits on the North to Baxter Road on the South.

6. It shall be unlawful to generate a snowmobile at speeds in excess of thirty miles per hour (30 mph) along the roadways designated in Paragraphs (e)(1) and (e)(2) above.

7. Any person found to be in violation of rules and regulations set forth above shall be subject to a fine of not less than $50.00 and not more than $500.00

ARTICLE XI.

OPERATION OF OFF-HIGHWAY VEHICLES PROHIBITED ADJACENT TO RESIDENCES.

Sec. 14-201.

1. “Off-highway vehicle” means a motor-driven recreational vehicle capable of cross-country travel on natural terrain without benefit of a road or trail, including an all- terrain vehicle and off-highway motorcycle as defined in the Illinois Vehicle Code [Chapter 625, Illinois Compiled Statutes]. “Off-highway vehicle” does not include a snowmobile; a motorcycle; a watercraft; a farm vehicle being used for farming; a vehicle used for military, fire, emergency, or law enforcement purposes; a construction or logging vehicle used in the performance of its common function; a motor vehicle owned by or operated under contract with a utility, whether publicly or privately owned, when used for work on utilities; a commercial vehicle being used for its intended purpose; or an aircraft.

2. The operation of an off-highway vehicle within one hundred (100) feet of any residence is hereby declared a public nuisance and is prohibited, excluding however any residence on the property upon which the vehicle is being operated if such operation is lawful.

3. Time of operation. Any person may drive or operate an off-highway vehicle between 10:00 a.m. and 10:00 p.m.on any day with the exception that on Saturdays, the hours of operation are extended until 12:00 a.m. midnight.

4. Penalty. Any person found to be in violation of the rules and regulations set forth above shall be subject to a fine of not less than $50 and not more than $500 for any one (1) offense.

5. Exception for Village Authorized Non-Highway Vehicles. Notwithstanding the provisions of subparagraphs A through D above, Village Authorized Non-Highway Vehicles shall be permitted to operate on streets, highways and roadways which are

under Village jurisdiction. “Village Authorized Non-Highway Vehicles” shall mean those non-highway vehicles identified in 625 ILCS 5/11-1426.1 (i.e. all-terrain vehicles, golf carts, off-highway motorcycles and recreational off-highway vehicles) which are owned and/or operated by the Village or which are utilized by contractors of the Village in connection with the services performed by the contractor for the Village. Such Village Authorized Non-Highway Vehicles shall be subject to conforming to the applicable provisions of the Illinois Vehicle Code and 625 ILCS 5/11-1426.1, including, but not limited to the following:

1. Village Authorized Non-Highway Vehicles may only be operated on streets and roadways where the posted speed limit is 35 miles per hour or less. Village Authorized Non-Highway Vehicles may cross a roadway or street at an intersection where the roadway or street has a posted speed limit of more than 35 miles per hour.

2. Any person operating a Village Authorized Non- Highway Vehicle must have a valid driver’s license.

3. The Village Authorized Non-Highway Vehicle must, at a minimum, have the following: brakes, a steering apparatus, tires, a rearview mirror, red reflectorized warning devices in the front and rear, a slow moving emblem on the rear of the Village Authorized Non-Highway Vehicle (as required of other vehicles pursuant to 625 ILCS 5/12-709), a headlight that emits a white light visible from a distance of 500 feet to the front, a tail lamp that emits a red light visible from at least 100 feet from the rear, brake lights, and turn signals. When operated on a roadway, a Village Authorized Non-Highway Vehicle shall have its headlight and tail lamps lighted.

4. Any person operating a Village Authorized Non- Highway Vehicle is subject to the mandatory insurance requirements of 625 ILCS 5/7-601 et seq. (Ordinance No. 2013-4)

Sec. 14-202 through 14-249 RESERVED.

Sec. 14-250.        Definitions.

The following terms, as used in this Article, shall have the meanings set forth below:

1. Vehicle, shall have the same definition as set forth in the Illinois Motor Vehicle Code, including, but not limited to, cars, trucks, vans, pick-up trucks and motorcycles.

2. Recreational Vehicle, includes, but is not limited to, motor homes, campers, cargo trailers, travel trailers, boats, snowmobiles, all-terrain vehicles and any other vehicle which may be licensed by the State of Illinois as a recreational vehicle.

3. Non-Motorized Vehicle, shall mean any licensed or unlicensed trailer including, but not limited to, camping trailers, travel trailers, boat trailers, snowmobile trailers, bike trailers, all-terrain vehicle trailers, flat bed trailers or any other trailer used for any type of hauling or towing.

Sec. 14-251. Regulations.

The following regulations shall apply to the parking, storage and location of Vehicles, Recreational Vehicles and Non- Motorized Vehicles on residentially zoned properties:

1. All Vehicles on residentially zoned property shall be parked, stored or located on a bituminous material, concrete, cement or gravel surface. It shall be unlawful for any person, party or entity to cause or permit any Vehicle to be parked, located or stored on a non-hard surface or on the lawn of the property.

2. It shall be unlawful for any person, party or entity to cause or allow a Recreational Vehicle or Non- Motorized Vehicle to be parked, located or stored outside in the front yard of a property for a period exceeding seven (7) continuous days per month. During such seven (7) day period, any such Recreational Vehicle or Non-Motorized Vehicle parked, located or stored outside in the front yard must be on bituminous material, concrete, cement or gravel and shall not be parked, located, or stored on any lawn or non-hard surface of the property and shall not be permitted to

be parked or stored in such a manner that creates a traffic hazard.

3. Except during the seven (7) day period provided for above in subparagraph (B) above, Recreational Vehicle or Non-Motorized Vehicle, shall be parked, stored or located in the side yard or rear yard of a property so long as it is parked, stored or located in accordance with the following:

1. Must be parked, located or stored on a bituminous material, concrete, cement or gravel pad. Placing an individual brick, paver or patch/bag of gravel under each wheel of a Recreational Vehicle or Non-Motorized Vehicle shall not be permitted.

2. Any Recreational Vehicle or Non-Motorized Vehicle parked, located or stored in a side or rear yard of a property shall not be located within any and all applicable setbacks and not be less than five

(5) feet from any side or rear lot line.

4. No Recreational Vehicle or Non-Motorized Vehicle shall be permitted to be parked, located or stored on any residentially zoned property in excess of seven (7) days.”

Sec. 14-252. Penalties.

Any person found to be in violation of any provision of this Article shall be subject to a fine of not less than $50.00 and not more than $750.00 per violation with each day a violation exists constituting a separate offense. (Ordinance No. 2015-3)

CHAPTER 15 POLICE

RESERVED

CHAPTER 16 SEWERS

RESERVED

CHAPTER 17 STREETS AND SIDEWALKS

Sec. 17-1. PROHIBITION ON REMOVAL OF SNOW AND ICE FROM PRIVATE PROPERTY TO PUBLIC PROPERTY

1. It shall be unlawful for the occupant of any private property to allow a person or entity while removing snow and ice from their private property to throw, blow, plow, deposit or remove the snow and ice from the private property to a public roadway.

2. Any party found to be in violation of this Ordinance shall be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) for each violation. Each day that said violation occurs shall be considered a separate violation under this Ordinance.

Sec. 17-2. Permit required.

No person shall hereafter construct, build, establish or maintain a driveway over, across or upon any portion of the public walk or public parkway without first having obtained a written permit to do so from the Village Attorney. No permit shall be issued for construction or establishment of any such driveway except in accordance with the provisions contained in this section. Property owners are entitled to a driveway permit only if:

1. The driveway will not create any undue safety hazard.

2. It will not impede safe and efficient flow traffic.

3. All provisions of this section shall be read in conjunction with and considered a part of all the rules, regulations, and requirements as set forth in the subdivision ordinance, chapter 18 of this Code of Ordinances.

Sec. 17-3. Application for permit.

Application for permit must be made in writing upon forms furnished by the village. Such application shall contain the name and address of the person making the application, the name

of the contractor or person who is to construct such driveway, and the proposed location and dimensions of such driveway.

Complete plans and specifications shall be submitted to the Village Attorney for approval at least 48 hours before the permit shall be issued.

Sec. 17-4. Specifications.

All plans and specifications must conform to the minimum requirements of this division before a permit for construction or reconstruction shall be permitted.

Sec. 17-5. Thickness, material and grade.

1. Driveways for residential or dwelling house use shall be constructed in a manner and of a material equal at least to the existing for the paving or public street adjacent thereto, except that where concrete pavement exists in the public street, a bituminous surface will be permitted.

2. All residential driveways shall be at least four inches thick if concrete, with a four- inch gravel base. If bituminous material is used, two inches compact depth with six inches of gravel base. All driveway approaches in the village right-of-way shall be constructed of concrete six inches in thickness.

3. Driveways for other than residential or dwelling house use shall be constructed of concrete at least six inches in thickness or equal, and subject to the approval of the village engineer.

4. Where a driveway of any kind is constructed across an existing sidewalk, such sidewalk shall be removed and replaced with no less than six inches of concrete for the full width of the driveway.

Sec. 17-6.        Driveway widths.

1. All property zoned R-1, single-family residence, pursuant to the Code of Ordinances for the village, shall be allowed to construct driveways not less than nine feet nor more than 20 feet in width at the property line parallel to the public street. For the purpose of this subsection, the owner of a single-family residence shall be allowed one driveway. All residential property zoned for

multi-family use shall be allowed to construct the maximum of two driveways per lot. Each driveway for multi-family lots shall not be less than nine feet nor more than 20 feet in width at the property line which is adjacent to the public street.

2. The width of the driveway for other than residential or dwelling house shall not exceed 30 feet at the outer or street edge of the sidewalk. Where two or more adjoining driveways are provided for the same property, a safety island of not less than 20 feet at the outer or street side of the sidewalk shall be provided. Not more than one such driveway shall be allowed to any one property for each 100 feet of continuous frontage. The width of the driveway opening at the curbline shall not exceed the width of the driveway at the property line plus 20 feet, nor be less than the width at the property line plus ten feet. The flared radius at the curbline shall not be less than three feet nor more than ten feet.

3. The centerline of all driveways must intersect the street at right angles and extend perpendicular to the street for at least ten feet from the curb.

4. All driveways constructed in R-1 single-family residential districts shall have driveways in conformity to the following drawing unless a variance has been granted.

Hous e

MUST

match

Drivewa y

Property Line

Sidewal k

6 inch thick

20

Ft

24

Ft Stree

18 inches between sidewalk & PL typical

Sec. 17-7. Driveway culverts.

1. Where driveways cross upon ditches in the parkway, culverts shall be installed at the owner’s expense. Such culverts shall be of such size and shall be constructed of such material as determined by the director of public works. In no instance shall the size of the culvert be less than 12 inches in diameter.

2. The length of the culvert shall be determined as follows: For a ditch of two feet or less, the culvert shall extend at least five feet on each side of the driveway. For each additional foot depth of the ditch add two feet to the length of the culvert. No culvert shall be less than 20 feet, and if headwalls are to be used, the length shall be as directed by the Village Engineer.

Sec. 17-8. Curb cuts.

The width of the curb cut at the top of the curb shall be the width indicated on the driveway permit plus one foot. This dimension includes the 45-degree transitions in the curb from the bottom of the curb cut to the top of the curb, at both ends of the curb cut. The curb cut shall be achieved by saw cutting. At no time is cracking or breaking of the concrete curb and/or gutter acceptable. At both ends of the curb cut, the curb shall be cut at a 45-degree angle from the ground with the bottom of the angle at the curb cut elevation and the top of the angle at the top of the curb. The curb shall be cut horizontally so that about one-half-inch depth remains between the curb cut elevation and the flow line of the curb and gutter. The horizontal cut shall pitch down toward the road side of the curb so that water will flow from the driveway to the road.

Sec. 17-9. Maintenance.

All driveways constructed or reconstructed over, across or upon any public street or public parkway in the village shall be kept and maintained at all times in accordance with the provisions of this division by the persons so constructing, reconstructing or using the same as an adjunct or appurtenance to lands or properties immediately adjacent thereto.

Sec. 17-10 through Sec. 17-40 – Reserved.

CHAPTER 18 SUBDIVISIONS

Sec. 18-1. DEFINITIONS.

For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:

1. Plans. The term “plans of the Board of Trustees”, “the comprehensive plan”, “adopted segments of the comprehensive plan”, “adopted plans” and “Plan” and all such terms as used herein mean plans adopted into law by the Village Board under Illinois Revised Statutes, Chapter 24.

2. “Subdivision” means the initial division of a parcel of land into two or more parts, any of which parts is less than five acres, for the purpose of ownership, transfer or building development; or, if a new street is involved, any division of a parcel of land. The term includes any division of land that attempts to avoid the requirements of this regulation. Where appropriate to the context, the term shall relate to the process of subdividing or to the land subdivided. The term subdivision as used herein shall also apply to all mobile home parks proposed for future development.

3. “Village of New Millford Board of Trustees” shall be referred to as the Village Board.

Sec. 18-2. INTERPRETATION, PURPOSE AND EFFECT OF REGULATION.

1. The provisions of this regulation shall be held to be minimum requirements, adopted to promote the health, safety and the convenience of the public and to lessen congestion and further the orderly layout and the use of land and to facilitate adequate provision for transportation, water, sewage, schools, parks, playgrounds and other public requirements.

2. It is not intended by this regulation to repeal or impair any existing easement, covenant or agreement between parties, or permits previously adopted or issued pursuant to the resolutions of the Village and statutes of the state; provided, however, that where this regulation imposes a greater restriction upon the development of the land than required by other rules, regulations or permits, the provisions of this regulation shall govern.

3. Where this regulation imposes a greater restriction than imposed or required by the provisions of existing ordinances, resolutions, rules and other regulations, this regulation shall control. Where provisions of existing ordinances, resolutions, rules or other regulations impose greater restrictions than imposed or required by this regulation, such provisions shall control. All provisions in existing resolutions, rules or regulations in conflict with this regulation are hereby repealed.

Sec. 18-3. OFFICE OF PLAT OFFICER CREATED: POWERS AND DUTIES:

1. The office of Plat Officer is hereby created. The Village Engineer shall serve as the Plat Officer of the Village or any individual appointed by the Village President with approval of the Village Board.

2. Every proposed final subdivision of land within the platting jurisdiction of the Village shall be submitted to the Village Board for its approval prior to final recording of a map or plat of such subdivision; no such map or plat of subdivision shall be recorded unless it has been so approved.

3. The Plat Officer shall approve the final plat and execute the certificate required by Section 10 (f) of this regulation only upon approval of the plat by the Village Board.

Sec. 18-4. BOARD OF TRUSTEES REVIEW.

The Board of Trustees pursuant to Chapter 24 of the Illinois Revised Statutes and the Code of Ordinances for New Millford, shall review and make recommendation on all tentative plats.

Sec. 18-5. APPROVAL PRIOR TO RECORDING.

Subdivisions.  Every intended subdivision of land within the platting jurisdiction of the Village shall be submitted to the Plat Officer of the Village of New Millford for approval according to the provisions of this regulation prior to final recording of a map or plat of such subdivision, except where otherwise permitted by this regulation. No such map or plat of subdivision shall be entitled to record or have validity until it has been so approved, except when otherwise permitted by this regulation.

Sec. 18-6. VARIATIONS.

In order to promote the best possible development and use of land, the Plat Officer and the Village Board shall interpret the standard, provisions and specifications contained in this

regulation liberally and in favor of the community interest. Variations from these standards, provisions and specifications shall be recommended and granted when it is demonstrated to the satisfaction of the Plat Officer and Village Board that such variation will bring about a logical and desirable result, than obtained by strict compliance.

1. A request for variation shall be filed by the owner or developer of proposed subdivision with the Plat Officer. The Plat Officer shall refer request, together with his recommendation, to the Village Board for decision. The request shall be in writing, shall state specifically what variation bough and the community’s interest in granting the variation.

2. Upon application of the owner or developer, a tentative plat which has been disapproved by the Plat Officer, or a tentative plat upon which no action has been taken for ninety

(90) days by the Plat Officer, shall be submitted to the Village Board for its tentative decision. The Village Board shall approve or disapprove the tentative plat as submitted, approve it with conditions, or disapprove it.

Sec. 18-7. PROHIBITION OF SUBDIVISION.

Any person, firm, or corporation shall subdivide or resubdivide any parcel of land within the corporate limits of the Village or within one and one-half (1 1/2) miles of said corporate limits but not within the corporate limits of any other municipality or within the jurisdiction of another municipality acting pursuant to the Illinois Revised Statutes, unless a subdivision plat has been reviewed by the Board of Trustees, with recommendation for approval by the Plat Officer and approved by the President and Board of Trustees of the Village as stated by this regulation. Exemptions to this established procedure are as stated in Section 18-8.

Sec. 18-8. EXEMPTIONS. EXEMPTION A

The following shall be exempt from the platting and procedural requirements of this regulation:

1. The division of land into parcels each greater that five (5) acres in size and which does not involve any new streets or easements of access.

2. The sale or exchange of parcels of land between owners of contiguous and adjoining land.
3. The conveyance of parcels of land or interests therein for use as a right of way for railways or other public utility facilities which does not involve any new streets or easements of access.

4. The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with public use.

5. Conveyances made to correct descriptions in prior conveyances.

EXEMPTION B

The following shall be exempt from the platting and procedural requirements of this regulation except that a Boundary Map and pertinent standards of this subsection shall apply.

1. The division of land into two (2) parcels, either of which is less than five (5) acres and which does not involve any new streets or easements of access.

2. The division of a lot of less than one acre in a recorded subdivision which does not involve any new street or easement of access, provided that the division complies with the regulations of the Zoning Ordinance.

3. The sale or exchange of portions of a lot of less than one acre in a recorded subdivision which does not involve any new street or easement of access, provided that the portion of a lot to be sold or exchanged complies with the regulations of the Zoning Ordinance.

4. The sale or exchange of portions of parcels of land less than five (5) acres between owners of contiguous and adjoining land.

BOUNDARY MAP.        The boundary map shall be prepared by a registered Illinois Land Surveyor.

1. Such boundary map shall be drawn with waterproof nonfading black ink on tracing cloth or good quality tracing paper. Acceptable boundary map dimensions are eight and one- half (8 1/2″) inches wide by eleven (11″) inches long, eight and one-half (8 1/2″) inches wide by fourteen (14″) inches long or a

size acceptable to the Winnebago County Recorder. No such boundary map shall be entitled to record or have validity until it has been signed by the Plat Officer. The Plat Officer shall keep a copy of such boundary map. After two such boundary maps dividing a tract of land in one ownership at the time of passage of this regulation have been signed by the Plat Officer, he shall not sign another boundary map dividing such land. Further division of such land shall be recorded only by means of a map or plat of subdivision as provided in this regulation which map or plat of subdivision shall include all parcels previously divided off by such boundary map.

2. Where possible all street right-of-way widths shall be a minimum of sixty-six (66) feet.

A boundary map of property adjacent to a street with insufficient right-of-way shall show on the face thereof additional right-of-way. Additional right-of-way shall be determined by the Plat Officer. A deed and a title policy guaranteeing Village ownership of said property shall be transmitted with the boundary map to the Plat Officer. The Plat Officer shall retain the title policy and record the deed.

Exceptions to this requirement shall be determined by the Village Board based on evidence presented by the property owner that the community interest would not benefit.

3. The boundary map shall be endorsed by the Winnebago County Health Department of Health Office with respect to all sewer and water facilities certifying that same comply with all rules, regulations and requirements of local government, regional, state and national authorities.

4. Prior to approval, at the discretion of the Plat Officer the boundary map may be referred to any utility or other agency involved.

5. A copy of the recorded boundary map shall be made available to the Plat Officer by the property owner, Registered Land Surveyor or representative of same.

6. The following certificates and affidavits shall appear on the boundary map:

1. CERTIFICATION BY SURVEYOR

(Legal Description)

“I hereby certify that I have surveyed the above described property for the purpose of locating the boundaries and corners thereof and that the attached plat is a true and correct representation of said survey. Dimensions are given in feet and decimals of a foot unless otherwise specified.”

Given under my hand and seal this    , day of     ,

A.D. 20 

Registered Land Surveyor No.

2. CERTIFICATION BY COUNTY CLERK

“I        , County Clerk of Winnebago County in the State of Illinois, DO HEREBY CERTIFY that I find no delinquent general taxes, delinquent special assessment or unpaid current special assessment against the land described in this boundary map.”

“In witness whereof, I have hereunto set my hand and the

seal of the County of Winnebago this         

        , A.D. 20        .”

day of

COUNTY CLERK

3. CERTIFICATION BY VILLAGE ENGINEER

“Approved by the Village of New Millford Plat Officer, this

         day of         , A.D. 20        .”

Village Engineer PLAT OFFICER

4. CERTIFICATION BY COUNTY RECORDER

“Filed for record this          day of         , 20 

A.D. at          o’clock  .M.,        Recorded in Book

         of Plats, Page          and examined.”

Document Number                        

COUNTY RECORDER

The Village Engineer shall review and examine all plat and site plans within the jurisdictional limits of the Village of New Millford to insure the conformity with the principals, standards and requirements set forth in the Subdivision Control Ordinance and Codes of the Village of New Millford, Illinois. Review and examination shall include, but not be limited to, preliminary subdivision plats, commercial site plans, industrial site plans and apartment site plans. The cost incurred by the Village of New Millford from the Village Engineer, shall upon the Engineer’s completion, be reimbursed to the Village by the developer, project owner or site owner.

Sec. 18-9. VACATION OF RECORDED PLATS OR PARTS OF RECORDED PLATS.

1. PROCEDURE. The vacation of plats or parts of plats shall follow the procedure required for final plats of subdivisions. Final approval of an instrument of vacation shall, however, be automatically referred to the Village Board.

The Plat Officer shall transmit to the Village Board, along with its recommendation on the instrument of vacation; (1) A statement of fact explaining the grounds for its recommendation and, (2) a recommendation respecting the monetary remuneration to be paid to the Village Treasurer in the consideration of any public property involved in the vacation.

Instruments of vacation not approved by the Plat Officer shall, upon the request of the petitioner, be submitted to the Village Board with the reasons for disapproval. After reviewing the evidence, the Village Board may determine the monetary remuneration to be paid in consideration of public property, if any involved in the vacation, and direct the Plat Officer to certify approval of the instrument of vacation.

2. STANDARDS. A vacation shall not be approved that creates conditions that would not be permitted under the requirements of this regulation in newly created subdivisions, unless such vacation would at the same time correct other and more serious conditions detrimental to the public health,

safety, comfort, morals and the general welfare. No vacation shall be approved unless it provides easements for existing public utilities within the confines of the vacated area.

3. FORM. The instrument of vacation shall consist of:

1. A written description, referring to an attached copy of the recorded plat, of the plat or part thereof to be vacated, and a written statement declaring same to be vacated.

2. An attached copy of the recorded plat, all or a part of which is to be vacated. If only part of the plat is to be vacated, such part shall be shaded and outlined with a heavy line.

3. The following certificates duly executed:

1. CERTIFICATION BY OWNER:

Certification by the owners shall include all of the owners of land in and adjacent and contiguous to the part of the plat to be vacated.

“As owner to the following described property, to-wit (description by reference to attached plat I (we) hereby petition the Village Board of Trustees of the Village of New Millford, Illinois, to approve the above described vacation.”

(Owner)        (Parcel)        (Date)

“I,

2. CERTIFICATION BY NOTARY PUBLIC:

        , a Notary Public in and for the

County of Winnebago, in the State of Illinois do hereby

certify that          personally known to

me to be the same person(s) whose name(s) is (are) subscribed to the foregoing instrument, appeared before me this day in person and delivered said instrument and (severally) acknowledged that he (they) signed, sealed as his (their) free and voluntary act for the uses and purposes herein set forth.”

“Given under my hand and Notarial Seal this          of        , A.D. 20        .

day

NOTARY PUBLIC

3. CERTIFICATION BY THE VILLAGE ENGINEER:

“I hereby certify that this vacation is approved.”

VILLAGE ENGINEER        Date

4. CERTIFICATION BY VILLAGE CLERK:

“This is to certify that the Board of Trustees of the Village of New Millford did, at its meeting of the         

day of         , 20        , approve the annexed vacation

and direct the Village Plat Officer to certify final approval for and in the name of the Village of New Millford in the State of Illinois, upon evidence of a receipt of the Village Treasurer in the amount of $        .”

VILLAGE CLERK

5. CERTIFICATION BY THE VILLAGE PLAT OFFICER:

“The annexed vacation is hereby approved this         

        , 20        .”

day of

PLAT OFFICER

6. CERTIFICATION BY THE COUNTY SUPERINTENDENT OF HIGHWAYS

“The annexed vacation is hereby approved this          day

of         , 20        .“

COUNTY SUPERINTENDENT OF HIGHWAYS

7. CERTIFICATION BY THE DISTRICT ENGINEER OF ILLINOIS DEPARTMENT OF TRANSPORTATION:

“The annexed vacation is hereby approved this         

        , 20        .”

day of

DISTRICT ENGINEER OF THE ILLINOIS DEPARTMENT OF TRANSPORTATION

8. CERTIFICATION BY PUBLIC UTILITY INVOLVED:

“I,         (office)        , of (Name of Public Utility)        ,

hereby approve the annexed vacation this         

        , 20        .”

day of

(State capacity with the public utility)

9. FORM FOR CERTIFICATION OF RECORDING OFFICIAL:

“Filed for record this          day of         ,

20        , at         

o’clock

  M.        Recorded in Book

         of Plats. Page          and examined.”

COUNTY RECORDER

Document Number         

4. FEES. A fee for vacation of streets or alleys shall be paid by the petitioner, such fee to be paid for each square foot of land sought to be vacated, multiplied by the average of the full fair cash market value per square foot of the premises adjacent thereto. Such full fair cash market value shall be that currently used for tax assessment purposes. A fee of one dollar ($1.00) per lot or sub-lot shall be paid by the petitioner seeking vacation of lots or sub-lots. All such vacation fees shall be paid to the Village Treasurer before final approval is certified by the Plat Officer.

5. RESUBDIVISION IN LIEU OF VACATION.        It shall not be

necessary to vacate a plat or part thereof in order to proceed with a resubdivision of such plat or part thereof. Resubdivision according to the procedure and standards for subdivision required by this regulation shall automatically constitute vacation of a prior plat or part thereof; provided, that monetary remuneration shall be paid to the Village Treasurer in consideration of the excess of public property vacated over that rededicated in the replat, and provided further that any such resubdivision shall not vacate any prior public utility easement arising from a prior plat or separate grant of easement.

6. CANCELLATION OF BONDED CONTRACTS. Bonded contracts for the improvement of platted streets or alleys shall be automatically cancelled upon vacation of such platted streets or alleys.

Sec. 18-10. PROCEDURE.

Except as outlined in Section 18, the procedure detailed in this section shall be followed by subdividers in order to gain official approval for, and recording of, subdivision layout.

1. ZONING. Final approval shall not be granted to a subdivision unless it complies with all requirements of the Winnebago County Zoning Ordinance with consent of the Board of Trustees for the Village of New Millford.

2. PRELIMINARY CONFERENCE. The subdivider shall contact the Plat Officer in order to schedule preliminary conference about his particular intentions and problems. A sketch map showing the following information shall be brought to such conferences:

1. The boundaries of the property to be subdivided, existing easements and covenants affecting the property, land characteristics, such as natural drainage, swamp areas, wooded areas, and development characteristics such as surrounding streets, existing buildings, available community sewer, water and other utilities.

3. TENTATIVE PLAT APPROVAL. Within six (6) months following the Plats Officer conference or such greater time as the Plat Officer designate, the subdivider may submit a tentative plat or map of subdivision and fifteen (15) reproductions thereof to the Plat Officer for conditional approval. The Plat Officer shall refer reproductions of the plat to any or all of the following review agencies as appropriate:

Winnebago County Soil &        Winnebago County Dept. Water Conservation District        of Public Health

Village Attorney        Village Engineer Northern Illinois Gas Co.        Rock River Water

Reclamation District

Commonwealth Edison Company        Rockford Board of

Education

Winnebago Co. Highway Dept.        IL Dept. of Transportation

U.S. Post Office,        New Millford Fire

Address Information        Protection District

General Electric & Telephone        Rockford Township

Highway Commissioner

Upon receipt of the above review agency comments, the Plat Officer shall schedule the tentative plat on the next available Board of Trustees for the Village of New Millford agenda for review and comment. In addition to review agency concerns and Plats Officer recommendations, conditional approval of a tentative plat shall be granted by the Plat Officer upon conformity with all pertinent laws, rules, regulations, and particularly with the technical requirements of Section 12. Conditional approval shall be construed to be an expression of approval of the general layout submitted on the tentative plat as a guide to the preparation of the final plat and to be assurance to the subdivider that his final plat will be approved if it conforms to the terms and conditions of the approved tentative plat.

4. TENTATIVE PLAT FORM & CONTENT. The tentative plat shall show the proposed layout for the whole tract of land owned or controlled by the subdivider and for any adjacent land, the design of which is dependent upon such tract. The tentative plat shall be drawn or printed on paper twenty-four (24) inches wide by thirty-six (36) inches long at a minimum scale of one hundred (100) feet to one inch, unless otherwise approved by the Plat Officer. The tentative plat shall show or be accompanied by the following information:

2. TITLE AND CERTIFICATES. Name under which proposed subdivision is to be recorded, location and position by quarter- quarter section, section, township, range, county and state; names and addresses of the subdivider; notation slating scale, north arrow, and the following certificate:

“State of Illinois Village of New Millford

Approved by          Village

Plat Officer this          day of

        , 20        A.D.”

3. TOPOGRAPHIC DATA AND DESCRIPTIONS OF EXISTING CONDITIONS.

1. Boundary lines. Approximate angles and distances with reference to a United States land survey corner.

2. Easements. Location, width and purpose of easements and other existing restrictions, reservations or covenants.

3. Streets on and adjacent to or extending from the tract. Name and right-of-way widths and locations; walks, curbs, gutters, culverts, building setback lines.

4. Utilities existing on and adjacent to the tract. Location and size of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants and electric and telephone lines. If water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to, and size of nearest ones.

5. Ground elevations on the tract.  Based on the

U.S.G.S. datum plane bench mark, or based on-a located concrete monument from which the datum plane is taken. For land that slopes less than approximately two percent show spot elevations at all breaks in grade, along all drainage channels or swales, and at selected points not more than one hundred feet apart in all directions. For land that slopes more than approximately two percent, show two foot contour intervals.

6. Other conditions on the tract. Watercourses, marshes, areas subject to inundation, rock outcrop, wooded areas, isolated preservable trees (one foot or more in diameter), houses, barns, shacks, and other significant features.

7. Other conditions on adjacent land. The approximate direction and gradient of ground slope, including any embankments or retaining walls (this can be shown on a small map at convenient scale or on the location map); character and location of buildings, railroads, power lines, towers, and other nearby non-residential land uses or adverse influences.

8. Proposed public improvements. Highways or other major improvements planned by public authorities for future construction on or near the tract according to the information received from the Village Engineer at the preliminary conference.
9. Location map. A small scale drawing of the section in which the subdivision is situated, and showing the location of the subdivision. This map shall show any lake or stream or the portion thereof to which access is provided from the subdivision, indicating the relation of the subdivision thereto.

10. Subsurface conditions on the tract. Location and results of tests made to ascertain subsurface soil, rock and ground water conditions.

4. ALL PROPOSALS OF THE SUBDIVIDER, including;

11. Streets. Names; right-of-way and roadway widths; similar data for alleys, if any.

12. Rights-of-way of easements.        Location, width and

purpose.

13. Lot lines and approximate dimensions.

14. Sites, if any, for the following: Multi-family dwellings, shopping centers, churches, industry, other uses exclusive of single family dwellings.

15. Minimum building setback lines.

16. Site data. Tabulation of gross area, street area, not subdivided area, total number of lots, average lot size, typical lot dimensions, lineal feet of streets.
17. Sites to be reserved or dedicated for parks, playgrounds or other public uses.

18. A draft of any protective covenants by which the subdivider may propose to regulate land use in the subdivision and otherwise to protect the proposed development.

5. OTHER TENTATIVE PLANS. When required by the Village Board, the tentative plat should be accompanied by profiles showing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision, typical cross sections of the proposed grading, roadway and sidewalk, and tentative plan of proposed water mains, sanitary and storm sewers with approximate grades and sizes indicated.  All elevations shall be based on the

U.S.G.S. datum.

a. The Village Engineer shall review all construction plans and specifications within the jurisdiction limits of the Village of New Millford, Illinois, for conformity to the preliminary plat, site plan and Village Codes. Principals and provisions set for the in the Subdivision Control Ordinance will be reviewed for compliance. The cost incurred by the Village of New Millford from the Village Engineer shall upon the Engineer’s Completion, be reimbursed to the Village by the developer, project owner or site owner.

5. FINAL PLAT APPROVAL. Within one year of conditional approval, or such greater time as the Village Board may designate, the subdivider may submit an intended final plat or map of subdivision and ten (10) reproductions thereof to the Plat Officer. The final plat, which may constitute only that portion of the tentative plat which the subdivider proposes to record and develop at the time, shall be accompanied by a fee of one dollar ($1.00) for each lot, sublet or tract of land shown upon final plat, but in no event shall the total fee be less than ten dollars ($10.00).

Final approval of a final plat shall be granted by the Village Board on the basis of its conformity with the tentative plat as approved, with all pertinent laws, rules, regulations and particularly with the technical requirements of Section 12.

6. RECORDING FILING. A final plat approved by the Village Board and signed by the Plat Officer shall be filed with the County Recorder within five (5) working days of such approval.

Two paper prints of the recorded plat shall be provided by the developer to the Plat Officer within thirty (30) days of the time of recording.

7. FINAL PLAT FORM AND CONTENT. The final plat shall be drawn with waterproof non-fading black ink on tracing cloth measuring twenty-four (24) inches by thirty-six (36) inches or twenty-four (24) inches by twenty-one and one quarter (21 1/4) inches at a scale of one hundred (100) feet to one (1) inch or larger. Variation in scale may be allowed when permitted by the County Recorder and where necessary for a proper exhibit of a subdivision. When more than one sheet is used for any one plat, they shall be numbered consecutively and each sheet shall contain a notation showing the whole number of sheets in the plat, and its relation to other sheets. Linear dimensions shall

be given in feet and decimals of a foot.  The final plat shall show on the face thereof:

6. The name of the plat, such name not duplicating the name of any plat previously recorded in Winnebago County.

7. The location and position of the subdivision indicated in each of the following ways:

1. By quarter-quarter section, section, township, range, county and state.

2. By distances and bearings from true north or angles with reference to a corner or corners established in the United Status Public Land Survey.

3. By a written legal description of the exterior boundaries of the land as surveyed and divided.

8. An arrow indicating north; a graphic scale; date of preparation.

9. Notations in their proper places of all monuments erected, corners and other points established in the field and the materials of which such monuments, corners and other points are composed.

10. Sufficient surveying data to close the survey and to reproduce any line on the ground. The error of linear closure shall be not more than one (1) in five thousand (5000).

11. A graphic presentation of all streets, alleys, blocks, lots, parcels and public grounds into which the land is divided, and of all easements and rights-of-way.

12. The length of boundary lines of all streets, alleys, blocks, lots, parcels, public grounds, easements and rights-of-way or enough information so that the length of these lines can be derived by simple calculation. Where a boundary line is an arc of a circle, the length of the chord shall be shown.

13. The widths of all streets, alleys, easements and rights-of-way.
14. A graphic presentation of the minimum building setback lines on all lots and parcels, and a notation of the distance between such lines and the street right-of-way line.

15. The area of each lot or parcel containing an area of one (1) acre or more.

16. Consecutive numbers on all lots throughout plat.

17. The name of each street, printed on the graphic representation of each street, and an appropriate label designating all other easements, rights-of-way, setback lines and dedications.

18. Abutting street lines of adjoining subdivisions, shown in their correct locations by dashed lines.

19. The water elevation of adjoining lakes or streams at the date of survey and a graphic presentation, as well as a notation of, the high water marks of such lakes or streams; all elevations referring to the Rockford datum plan when within one

(1) mile of a Rockford or U.S.G.S. datum plane bench mark, or to a located concrete monument from which the datum plane is taken. Include lines and elevation indicating the 100 year flood plain boundary as designated by the Federal Emergency Management Agency.

8. CERTIFICATES, ETC., ON FINAL PLAT.

The following certificates and affidavits shall appear on the final plat. They must be duly signed by the appropriate person before the plat is entitled to record.

1. CERTIFICATION BY THE SURVEYOR:

“I hereby certify that, at the request of the owners, I have surveyed and subdivided according to the annexed plat

         of          subdivision; a part

of the         

quarter of the         

quarter

of section         

township         

north,

range         

East of the         

principal

Meridian, bounded and described as follows:” (Legal Description)

“Dimensions are given in feet and decimals of a foot iron pins 3/4 inch in diameter and 4 feet long have been found or  set  at  all  points  marked  on  the  plat  with  a

        , and iron pins 5/8 inch in diameter and 3 feet long have been found or set at all other lot corners. Dimensions along curved lines represent a chord measurement.”

“I further certify that the land above described is situated within the incorporate Village of New Millford, Illinois.”

“I further certify that (no) part of this plat to be recorded is situated within 500 feet of any surface drain or watercourse serving a tributary area of 640 acres or more.

“Given  under  my  hand  and  seal  this         

        ,A.D. 20        .”

day  of

Illinois Land Surveyor

Registered Land Surveyor No.

2. CERTIFICATION OF DEDICATION BY PROPERTY OWNER:

“As owner(s), I (we) hereby certify that I (we) have caused the land described in the foregoing affidavit of the surveyor, to be surveyed, divided, and mapped as presented on this plat. All streets, alleys, walkways, parks, playgrounds and school sites shown on this plat are hereby dedicated to the public purposes, and all easements shown are subject to the easements provisions hereon.”

Owner(s)

3. CERTIFICATION BY NOTARY PUBLIC:

“I,         , a Notary Public in and for the County of Winnebago, in the State of Illinois do hereby

certify that          personally known to

me to be the same person(s) whose name(s) is (are) subscribed to the foregoing instrument, appeared before me this day in person and delivered said instrument and (severally) acknowledged that he (they) signed, sealed as

his (their) free and voluntary act for the uses and purposes herein set forth.”

“Given under my hand and Notarial Seal this         

        , A.D. 20        .

day of

NOTARY PUBLIC

4. CERTIFICATION BY VILLAGE CLERK:

“This is to certify that the Board of Trustees of the Village of New Millford did, at its meeting of the         

day of         , 20        , approve the annexed vacation

and direct the Village Plat Officer to certify final approval for and in the name of the Village of New Millford in the State of Illinois, upon evidence of a receipt of the Village Treasurer in the amount of $        .”

VILLAGE CLERK

5. EASEMENT PROVISION:

‘”An easement, is hereby reserved for and granted to the designated governmental bodies and public utilities or cable television companies with the necessary authorizations and/or franchises and their respective successors and assigns within the area as shown by dotted lines on the plat and marked “Easement”, to install, lay, construct, renew, operate and maintain storm and sanitary sewers, pipes, conduits, cables, poles, and wires, overhead and underground, with all necessary braces, guys, anchors and other equipment for the purpose of serving the subdivision and other properties with telephone, electric, gas, and other utility service or cable television service; also they are hereby granted, subject to pertinent Village Ordinances, the right to use the streets for said purposes, the right to install required service connections over or under the surface of each lot to enter upon the subdivided properties for all such purposes, and the right to enter upon the lots at all times to install, lay, construct, renew, operate, and maintain within said easement area said storm and sanitary sewers, pipes, conduits, cables, poles, wires, braces, guys, anchors and other equipment and finally the right is hereby granted to cut down and remove

or trim and keep trimmed any trees, shrubs or saplings that interfere with any of the said public utility equipment or cable television equipment installed on said easement. No permanent buildings or trees shall be placed on said easement, but same may be used for gardens, shrubs, landscaping and other purposes that will not then or later interfere with the aforesaid uses or rights herein granted.”

6. CERTIFICATION BY PLAT OFFICER:

“All streets shown herein have been graded, drained and surfaced and all drainage structures have been built, as required, or have been provided for by bond contract or escrow agreement approved by the Board of Trustees.

“Dated this         

day of         

, A.D. 20        ”

VILLAGE PLAT OFFICER

7. CERTIFICATION BY PRESIDENT OF THE BOARD OF TRUSTEES:

“This is to certify that the Board of Trustees of the Village of New Millford, Illinois has reviewed and approved

the        annexed        plat        of                 authorizes it to be recorded.”

and        hereby

“In witness whereof, I have hereunto set my hand this         

day of          A.D. 20        ”

PRESIDENT OF THE BOARD OF

TRUSTES

8. CERTIFICATION BY COUNTY RECORDER

“Filed for record this          day of         ,

20        , at         

o’clock

 M.        Recorded in Book

         of Plats, Page          and examined.”

COUNTY RECORDER

Document Number         

9. CERTIFICATION BY LIEN HOLDER:

“As lien holder(s) of record, I (we), upon behalf of myself (ourselves), successors and assigns, hereby join in the dedication to the public for public purposes of all streets, alleys, walkways, parks, playgrounds, and school sites shown on this plat, and further join in the dedication of all easements shown on this plat subject to the easement provisions hereon.”

LIEN HOLDER

10. CERTIFICATION BY VILLAGE ENGINEER:

“Facilities and structures for the orderly runoff or detention of rain and melting snow have been designed in accordance with the “Storm Water Detention Regulation” of the Village for this subdivision and have been approved by the Village Engineer.”

NAME

Illinois Registered Professional Engineer No.         

Sec. 18-11. REQUIRED IMPROVEMENTS:

After conditional approval has been granted, but before the final plat is submitted for final approval, the subdivider shall either: (1) install all improvements specified in this section; or, (2) deliver to the Village Board in duplicate a signed contract covering all such improvements and an acceptable surety bond guaranteeing the completion of such improvements contracted for within three years from the date of such contract; or, (3) an escrow agreement placing 115% of the estimated cost of labor and materials for the improvement (as approved by the Village Engineer) in a bank account whereby the improvement is guaranteed to be installed within a given time limit or else the Village may use said funds in escrow to contract for the installation of said improvements; or, (4) an undertaking in Lieu of a Completion Bond to be executed by the developer to establish the relationship and obligations between the Village and Irrevocable Letter of Credit in a form to be approved by the Village Attorney, whereby the Undertaking in Lieu of a Completion Bond and Irrevocable Letter of Credit will cover 115% of the estimated cost of the labor and materials for the

improvement (as approved by the Village Engineer). Vacation of a plat or of a portion of a plat will dissolve the corresponding bond obligation, escrow, Undertaking in Lieu of Completion Bond Providing for an Irrevocable Letter of Credit, or portion thereof, or any surety approved by the Village Board.

SUBDIVIDER’S UNDERTAKING IN LIEU OF COMPLETION BOND WITH THE VILLAGE OF New Millford, ILLINOIS

KNOW ALL MEN BY THESE PRESENTS, that         ,

` (Subdivider or Corporate name)

whose address is:         is hereinafter referred to as “SUBDIVIDER” is hereby bounded to the Village of New Millford, hereinafter referred to as “VILLAGE” in the penal sum of          ($        ) lawful money of the United States of America, for payment of which it does here bind itself and its successors and assigns firmly by these presents.

WHEREAS,  Subdivider,  has  agreed  to  construct  all  public

improvements located in Plat         of         

(Number)        (Title)

in accordance with the Village Subdivision Ordinance and specifications as approved by the Village of New Millford, and as set forth on the Cost Estimate prepared by         

(Project Engineer)

as Job No. part hereof.

, a copy of which is attached hereto and made a

NOW, THEREFORE, the condition of his obligation is such, that if Subdivider, shall construct all public improvements

located in Plat

of         

(Number)        (Title)

in accordance

with the Village Subdivision Ordinance and the plans and specifications as approved by the Village, and as set forth on the attached Cost Estimate prepared by         ,

(Project Engineer)

dated         , 20        , Job No.        , and shall

save the Village harmless from any loss, cost or damage by reason of its failure to complete said work, then this obligation shall be null and void; otherwise, it shall remain in full force and effect, and it shall be secured, as surety, by an Irrevocable  Commercial  Letter  of  Credit  in  the  amount  of

         ($      ), No.    , dated:

        , 19  , from         ,

(Name of Financial Institution)

a copy of which is also attached hereto, and the conditions of which are hereby incorporated herein and made a part hereof.

The principal of this Bond,         

(Subdivider or Corporate Name)

further agrees as follows:

1. An Irrevocable Letter of Credit in the amount of 115 percent of the cost estimate as set forth in the attached

Exhibit “A”, prepared by

                , as approved (Project Engineer)

by the Village Engineer, shall be furnished by the Subdivider to complete all the work as hereinabove guaranteed.

Subdivider guarantees the workmanship and materials of said above-listed improvements to be installed upon the site for a period of one year after official acceptance by the Village. The Irrevocable Letter of Credit shall terminate upon acceptance by the Village.

The Subdivider agrees to make the necessary repairs to said improvements due to defects of workmanship or materials caused by the Subdivider, or subcontractors or material supplies, but not for repairs caused or necessitate by Acts of God, or any acts of omissions beyond the control of the Subdivider during the one year period.

2. The Irrevocable Letter of Credit shall be retained for the percentage estimated in writing from time to time, by the Village Engineer as needed to protect the Village in conjunction with the Cost Estimate attached marked Exhibit “A” and made a part hereof until acceptance of said improvements by the Village; at which time said improvements shall meet the Village Subdivision  Ordinance  of  the  Village  in  effect  on

        , 20  , and approved by the Village Engineer in writing. The Irrevocable Letter of Credit shall be released as to any further obligations.

Dated this          day of         , 20        .

BY:         

President/Owner

VILLAGE OF NEW MILLFORD, ILLINOIS

BY:         

President of the Board of Trustees

BY:         

Plat Officer ATTEST:

Village Clerk

(Letter Head)

IRREVOCABLE COMMERCIAL LETTER OF CREDIT

Amount:                 No:         

Date:         

Village Board of New Millford 7354 Rydberg Road

New Millford. IL 61109 Gentlemen:

WE HEREBY OPEN our Irrevocable Commercial Letter of Credit

Number          in your favor, available to you

on behalf of                  (Subdivider or Corporate Name)

whose address is:        , hereinafter referred to as “SUBDIVIDER”, for a total sum of

        ($        ), to be accepted by your signed statement that drawing of funds by you upon this Letter of Credit is due to the default or failure to perform by the Subdivider the following improvements on or before (day/month/year).

The construction of (list public improvements) located in

Plat No.          in (name of subdivision) as set forth in

the attached cost estimate prepared by (project engineer)

dated:         , set forth as Job No.         ,

a copy of which is attached hereto, marked “Exhibit A” and made a part hereof.

The New Millford Village Engineer will notify the bank in writing, when either:

1. The improvements have been timely and satisfactorily completed and the credit may be released; or

2. The Subdivider has failed to perform or is in default.

All drafts drawn under this Letter of Credit must be marked: “Drawn under (name of financial institution), N.A., Letter of

Credit Number         .”

This credit is valid until (day/month/year) and drafts drawn hereunder, is accompanied by documents as specified above, will be honored if presented to the main office of (name of financial institution), N.A. whose address is:         

         on or before that date.

This Letter of Credit sets forth, in full, the terms of our undertakings, and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referred to herein or in which this Letter of Credit is referred to or to which this Letter of Credit relates and any such reference shall not be deemed or incorporate herein by reference any document, instrument or agreement.

We hereby engage with drawers that drafts drawn and negotiated in conformity with the terms of this Letter of Credit will be honored on presentation.

This credit is subject to the Uniform Customs and Practices of Documentary Credits (1984 Revision) International Chamber of Commerce Brochure No. 400.

Neither this letter nor the credit hereby established is negotiable, or otherwise transferable without the written consent of (name of financial institution).

Sincerely,

        (name, title)        

1. MONUMENTS. Iron pins three-fourths of an inch in diameter and four feet long shall be placed at all block corners, angle points of streets and of exterior boundaries, points of tangency of curbed lines, points at which street lines intersect the exterior lines of the subdivision, and at such intermediate points as are required by the Village Engineer.

Iron pins five-eights of an inch in diameter and three feet long shall be placed at all lot corners and at such intermediate points as are required by the Village Engineer.

Monuments shall be placed at all lake or stream ends of lot lines. Such monuments shall be placed flush with the ground at the point of intersection of such lake or stream lot line with a line which is established along the shore not less than twenty feet (20′) back from the ordinary high watermark of such lake or banks of such stream.

2. TOPSOIL PROTECTION. Topsoil moved during the course of construction should be redistributed evenly, and shall be a depth of not less than two inches.

3. STREET AND UTILITY IMPROVEMENTS.        All street and

utility improvements shall conform to the specifications and requirements of the Village Engineer. These improvements shall not be accepted for public maintenance until approved by the Village Engineer. Cross sections and profiles of streets showing grades acceptable to the Village Engineer and plans and profiles of storm and sanitary sewers, dry wells, storm water detention facilities and water mains, where the installation of these improvements is contemplated, generally will be requested.

Street and utility improvements shall be provided in each new subdivision in accordance with the standards and requirements described in the following schedule for the type of development indicated:

DEVELOPMENT TYPE:

1. For all residential lots where public sanitary sewers and water is available, STANDARD A.

2. For residential lots where public sanitary sewers and/or water is not available, STANDARD B.

3. The Village Engineer shall periodically during the course of construction within the customary and good practice of

engineering inspect all facets of construction to insure compliance with the plans and specifications within the jurisdictional limits of New Millford. The Village Engineer shall not be responsible for staking, grades, laboratory test or mix designs. However, the Engineer shall be provided with copies of all test reports and mix design certificates. The Village Engineer shall attend project conferences at any reasonable time when requested by the project owner. Recommendation for final acceptance shall be given only when the Village Engineer has made final inspection and received all test reports. The cost incurred by the Village of New Millford from the Village Engineer shall upon the Engineer’s completion be reimbursed to the Village by the developer, project owner or site owner.

STANDARD A & B

1. RESIDENTIAL STREETS.

All streets shall be graded to the full width of the right-of-way and the adjacent side slopes shall be graded to blend with the natural lay of the land and to provide reasonable access for vehicular traffic to each lot of the subdivision, to the satisfaction of the Village Engineer.

STANDARD A

1. CURB, GUTTER AND SIDEWALKS. Curb, gutter and sidewalks shall be provided. They shall be built of integral concrete construction, according to standard design, and shall be laid to the proper grade as approved by the Village Engineer.

2. Minimum street widths shall be thirty feet (30’) back to back of curb and ten inches (10”) of gravel or crushed stone and a three inch (3”) (two lifts) bituminous surfaces.

3. SIDEWALKS. Sidewalks shall be laid along both sides of the roadway within the public right-of-way one and one- half feet from the property line. Except under unusual conditions, sidewalks and interior block walkways shall be made of concrete four feet (4’) wide and not less than four and one- half inches (4 ½”) thick. At crossings of driveways, installed at the time of sidewalk installation, sidewalks shall be six inches (6”) thick. Where the right-of-way is sixty-six feet (66’) wide and Standard A is installed the sidewalk may be located four feet (4’) from the property line. Sidewalks shall be installed prior to occupancy and installation of the driveways.

STANDARD B

1. PAVEMENT. The center twenty-six feet (26′) or more of the roadway shall consist of a layer of gravel or crushed stone base course ten inches (10″) thick after thorough compaction and a three inch (3″) (two lifts) bituminous surfaces. Detailed standards of construction shall be prescribed by the Village Engineer. Frost free bank run sand and gravel or comparable granular material shall be used for all trench backfill, or all backfill shall be allowed to settle a minimum of one winter, or such greater time as may be specified by the Village Engineer before an impervious surface is laid.

2. DITCHES. Ditches shall be provided on each side of the roadbed for drainage of surface water. Side ditches shall be at least twelve inches (12”) deep below the shoulder edge. Side slopes on each side of the drainage ditch along the roadway shall be sloped at the rate of no more than one foot (1’) rise to three feet (3’) horizontal. Paved ditches may be substituted, at the discretion and to the standards of the Village Engineer.

3. SIDEWALKS. Sidewalks are not required.

2. DRAINAGE:

4. STORM GENERALLY. Storm drainage improvements consisting of storm sewers and/or open channels shall adequately drain the area being developed and also all of the area which naturally drains through the area being developed. The design of drainage improvements shall be coordinated with present and probable future improvements so as to form part of an integrated system. Storm water detention facilities shall be designed in accordance with the “Storm Water Detention Regulation” of Winnebago County. Appropriate grading may be required.

5. STORM SEWERS. Storm sewers of adequate design shall be installed, as prescribed by the Village Engineer. No storm sewer over thirty-six inches (36”) in diameter shall be required. Appropriate grading of open channels of capacity to carry run-off from a rain of ten (10) year frequency may be required in lieu thereof. In general, storm sewer capacity shall be sufficient to provide for the run-off from a storm of five (5) year frequency and a rainfall intensity curve of one and three-tenths (1.3) inches per hour as computed by the rational method of design.
6. STORM WATER INLETS. Storm water inlets of a standard design shall be installed. They shall be suitable as to type and capacity for the locations where installed and shall be installed in the curb and not in the street.

7. MANHOLES. Manholes of standard design shall be installed to provide access to storm sewers and meet all safety standards.

8. SLOPE. Any storm sewer installed shall have a slope which shall provide a minimum velocity of three feet per second when flowing full.

3. SAFETY BARRICADES:

The Subdivider shall place barricades, as required by the Village Engineer, at the end of streets to be later extended.

4. FREEWAYS, ARTERIAL HIGHWAYS, SECONDARY HIGHWAYS, SECTION LINE ROADS.

Where an arterial highway, secondary highway or section line road is to be improved at greater than minor residential streets standards, the subdivider‘s share in the costs of improvement shall be equal to the cost of a minor residential street in the same location. Standard A shall be utilized for determining the cost of improvements.

5. DEFERRED CONSTRUCTION:

In the case of sidewalks and whenever else it is deemed necessary by the Village Board to defer the construction of any improvement required herein, the subdivider shall entrust his share of the cost of the future improvement with the Village Board.

6. STREET SIGNS:

Street signs shall be erected at each intersection. Such signs shall conform to specifications established by the Public Works Director.

Sec. 18-12. TECHNICAL REQUIREMENTS:

The following standard requirements shall apply to all new subdivisions of land.        These standards shall be interpreted,

however, to encourage new and improved design techniques with the object of promoting better subdivisions.

1. CONFORMITY TO COMMUNITY PLANS:

All subdivisions shall conform to the general and detailed specifications of plans or segments thereof, adopted pursuant to the authority contained in Chapter 34 of the Illinois Revised Statutes, to the Winnebago County Zoning Ordinance, setback regulation, the limited-access road regulation, and to any other adopted ordinances, resolutions, regulations and plans.

2. STREETS:

1. GENERAL DESIGN.

All streets shall be designed in substantial relation to:

1. Topographic conditions and drainage;

2. Public convenience and safety;

3. The proposed uses of the land to be served by such streets.

2. PUBLICLY PLANNED STREETS:

Streets shall be laid out in conformity to street or highway plans officially adopted by the Village Board. Wherever such a planned street or highway runs through a proposed subdivision, it shall be provided for in the place and with the width indicated on such plan. However, no more than one hundred twenty feet (120’) width of right-of-way dedication shall be required for any street. Any additional right-of-way specified on the plan shall be reserved for circulation purposes by easement provisions.

3. SECTION LINE ROADS.

One hundred foot (100’) wide streets shall be laid out on section and half-section lines, where possible. Where physical obstructions occur, or where a more appropriate location can be found, such roads may deviate from section and half-section lines; provided, that the required width of one hundred feet (100’) is carried through to a suitable connection. Such deviations shall be made only with the consent and approval of the Plat Officer and the Village Engineer.

4. ALIGNMENT AND CONTINUATION.

Where streets are not a part of the comprehensive plan or officially adopted street or highway plans, the arrangement of the streets in a subdivision shall either provide for the alignment and continuation or appropriate projection of existing principal streets in surrounding areas, or conform to an approved plan for the neighborhood which meets a particular situation where topographic or other conditions make continuance of or conformance to existing streets impracticable.

5. RESIDENTIAL STREETS.

Minor residential streets shall be laid out so that their use by through traffic will be discouraged.

6. MARGINAL ACCESS STREETS.

Where a subdivision borders on or contains a railroad right-of-way or limited-access road right-of-way, a street shall be located approximately parallel to and at least one lot depth distance from each side of such right-of-way, or at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential district, or for commercial or industrial purposes in appropriate districts, except where it is deemed necessary that a through street be continued without deflection, or that marginal access streets parallel and adjacent to such right-of-way be provided. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

7. NATURAL FEATURES.

Streets paralleling streams, rivers, ravines, bluffs, or other similar natural features shall be located approximately one lot depth away from such natural feature in order that the intervening land may be developed into private lots meeting the requirement of this regulation. The Forest Preserve District, or other local governmental bodies shall have been given a sixty

(60) day opportunity to acquire such intervening land prior to final plat approval; provided that approval of the final plat shall not be delayed more than sixty (60) days after the date notice has been given to such local governmental bodies for reason of their failure to take action.

Streets paralleling such natural features and so close to them as to leave an intervening strip of land that cannot be

developed into lots meeting the requirements of this regulation may be permitted, provided that the intervening land is dedicated to and accepted by the Forest Preserve District, or other governmental bodies.

Lake and stream shore subdivision shall provide one or more streets or rights-of-way, running to the low water mark at one mile intervals as measured along the lake or stream shore, except where streets or rights-of-way already exist at not more than one mile intervals. The subdivider may place use restrictions on these stub streets to control until such time as a bride is extended.

8. RESERVE STRIPS.

Reserve or “spite” strips controlling access to perimeter streets shall not be permitted on the perimeter of a development. Streets shall be located on the edge of or one lot depth away from the edge of the tract with due consideration being given to adjacent development.

9. STREET WIDTHS.

Where not otherwise specified, street right-of-way widths shall be not less than sixty-six feet (66’) except that sixty foot (60’) wide streets may be permitted when such streets are improved with curb and gutter to meet the curb and gutter standards of the Village of New Millford. Where unusual conditions warrant, short streets and courts serving ten (10) lots or less may be platted with a width of sixty feet (60’).

10. HALF STREETS.

Half streets shall not be permitted.

11. DEAD-END STREETS.

Dead-end streets, as such, shall not be permitted, cul-de-sacs designed to be permanent shall not be longer than five hundred feet (500’) and shall be provided with a turn- around not less than one hundred twenty feet (120’) in diameter at the closed end.

12. STREET NAME.

Streets that are extensions of, or obviously in alignment with existing streets, shall bear the names of the existing streets; however, no other street shall bear names with duplicate, or so nearly duplicate as to be confused with the names of existing streets. In all cases, street names shall have a suffix.

3. ALLEYS: Alleys, service courts, and other similar ways shall not be permitted in residential areas.

4. BLOCKS: Block lengths shall not exceed nineteen hundred feet (1900’). Excessively short blocks will be discouraged.

5. LOTS: All lots shall meet the minimum width, depth, and area requirements of the Subdivision Ordinance unless otherwise specified.

Where utility sewer and utility water are not provided, the minimum area of any residential lot shall be twenty-five thousand square feet (25,000’). The Village Board may reduce the required minimum area for any subdivision when the developer establishes to the Village Board’s satisfaction, based upon the report of a registered professional engineer and the opinion of the County Health Officer, that the public health will be in no way endangered and that the interest of the public will be preserved. However, in no case shall the lot area be less than twenty thousand square feet (20,000’) unless stated elsewhere in this Ordinance.

Mobile Home Park Lots: All subdivisions developed for the purpose of creating a mobile home park must have sewer, water and utilities provided to each lot. Each lot properly zoned for mobile home use must have a minimum of 6,000 square feet in area in order to place a single-wide or double-wide mobile home on said lot.

All mobile home park subdivisions must provide for a minimum setback line from the front of each lot of 15 feet.

In single family residence lots and mobile home park lots, when the Village Board has reason to believe that a particular area should not be subdivided for reasons of poor drainage and the possibility of creating health problems, it may require that additional soil tests be performed. If the tests do not meet the minimum requirements, the area in question shall not be subdivided until utility sewer or utility water is provided.

1. BUSINESS AND INDUSTRIAL LOTS.        Business and

industrial areas shall be subdivided into lots of such size and shape as to meet business or industrial needs. Properties reserved or laid out for commercial and industrial purposes shall be large enough to provide for the off-street loading and parking facilities required by the type of use and development contemplated.

2. REMNANTS. Subdivisions shall contain no left over pieces, corners, or remnants of land.

3. CORNER LOTS. Corner lots shall be wide enough so that buildings conform with building setback lines on both streets.

4. STREET ACCESS. Each lot shall be provided with satisfactory access to a public street by means of frontage on such street. No lot shall front on a street that has been designated by the Village Board as a “limited-access road”.

5. BUILDING LINES. Residential building setback lines shall be established at a distance back from each street right-of-way line equal to no less than one-half (1/2) the width of the street right-of-way and not closer to such line than those established on the same street in adjoining subdivisions.

6. EASEMENTS: Utility easements not less than five feet (5’) wide shall be provided on each side of all rear lot lines and where required by the utility along side lot lines. Where abutting unsubdivided land, or natural features such as a detention pond, easements shall be ten feet (10’).

Easements not less than five feet (5’) wide shall be provided along abutting side lot lines where deemed necessary by the Department of Public Works for the purpose of street lighting.

The subdivider shall install electrical power lines underground to and through the easement to the proposed locations of said street lights.

Where the character or topography of the land in a subdivision is such that it is impossible or impractical to place streets so that they carry off the surface water, the appropriate easements along lot liens shall be provided and improved, where necessary, to carry off surface water in open channels or storm sewers.

Where a subdivision is traversed by a watercourse, drainage way, channel or stream, appropriate dedication or easement provisions, with adequate width or construction to accommodate storm water and drainage through and from the subdivision shall be made. Where a drainage-way carries water from one hundred (100) or more acres of land, such easement of dedication shall conform to the natural drainage channel. A preserved area no more than three hundred feet (300’) wide may be required where the drainage way carries water from five hundred (500) or more acres of land.

Minimum vertical elevations for structures, in the form of vertical building lines, may be required in areas which are or may become subject to flooding by surface water. Areas of the subdivision which are subject to inundation from a 100 year storm shall have delineated on the face of the plat dashed lines to indicate same.

Sec. 18-13. ENFORCEMENT OF REGULATION.

Whenever it shall come to the attention of any officer or employee of the Village that any of the provisions of this regulation have been violated, it shall be his duty to notify the Village Attorney of the fact, and the Village Attorney shall immediately institute suit, and prosecute same to final judgment against the person offending.

The Winnebago County Building Department shall defer granting building permits for improvements on property until such time as the plat for such property has been approved and recorded in the manner provided by this regulation. No building permit shall be granted except for improvements on land for which a plat has been approved and recorded according to the requirements of this regulation or on those parcels of property platted or recorded as separate parcels of property prior to the effective date of this regulation.

In the event any requirement of this regulation has not been complied with, the Village Plat Officer shall not approve or certify any subdivision plat. However, the Plat Officer may, with Village Board approval, accept a bond to indemnify the Village for construction or completion of any required item, including but not limited to: streets, curbs, gutters and water or sewer pipes. The bond shall be in an amount of 115% of the estimated cost of labor and materials for the item (as approved by the Village Engineer) and the surety on the bond shall be a corporation licensed and authorized to do business in Illinois as a surety company, unless the Board of Trustees by majority vote of those holding office, accepts a personal surety. Also, the Plat Officer may, with Village Board approval, accept a cash escrow for construction or completion of any required item, including but not limited to: streets, curbs, gutters and water or sewer pipes, in an amount equal to 115% of the estimated cost of labor and materials for the item (as approved by the Village Engineer). An escrow agreement shall be entered into whereby said sum is placed in escrow with a financial institution pursuant to an agreement on a form approved by the Village Board of Trustees, whereby the item shall be installed by the subdivider or owner within a certain time limit to be set by the Village Board and in the event that said improvement item is not so installed, the Village shall be allowed to obtain said funds and to obtain a contractor to install said items with said funds. Also, the Plat Officer may, with Village Board approval, accept an Undertaking in Lieu of Completion Bond establishing the relationship and obligations between the Village and a developer which will provide that the developer will submit to the Village an Irrevocable Letter of Credit from a financial institution for 115% of the estimated cost of labor and materials for the improvement (as approved by the Village Engineer) and which Irrevocable Letter of Credit shall be in a form approved by the Village Attorney, or any surety approved by the Village Board.

Sec. 18-14. PENALTIES.

Whoever sells, offers for sale, improves by construction of buildings, or leases for any time exceeding five (5) years, any lot, block, parcel, part of division of land in the Village before all the requirements of this regulation have been complied with, shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each lot, block, parcel, division or part thereof so disposed of, offered for sale, improved or leased.

Whoever shall lay out, locate, open, widen or extend or alter the location of any highway, road, street, ally, public ground, toll road, railroad or canal and refuses or neglects to cause a plat thereof, showing the width, courses and extent thereof, and making such reference to known and established corners or monuments that the location thereof may be ascertained, to be made, and recorded in the office of the Recorder of Deeds within six (6) months after such highway, road, street, alley, public ground, toll road, railroad or canal is laid out, located, opened, widened or extended or the location thereof altered shall be fined not less than One Hundred Dollars ($100.00) and no more than Five Hundred Dollars ($500.00) and a like sum for every month he shall continue in such refusal or neglect after conviction therefore, to be recovered in the Circuit Court of the 17th Judicial Circuit, Winnebago County, in the name of the Village.

Sec. 18-15. TAXES AND SPECIAL ASSESSMENTS TO BE PAID PRIOR TO VACATING SUBDIVISION.

A petition to vacate a subdivision shall submit evidence of the payment of all taxes and special assessments levied against the property.

CHAPTER 19 TAXATION

Article I. Retailers’ Occupation Tax

Sec. 19-1. A tax is hereby imposed upon all persons engaged in the business of selling tangible personal property at retail in this Village at the rate of one percent of the gross receipts from such sales made in the course of such business while this Ordinance is in effect, in accordance with the provisions of Section 8-11-1 of the Illinois Municipal Code.

Sec. 19-2. Every such person engaged in such business in the Village shall file on or before the last day of each calendar month, the report to the State Department of Revenue required by Section Three of “An Act in Relation to a Tax upon Persons Engaged in the Business of Selling Tangible Personal Property to Purchasers for Use or Consumption” approved June 28, 1933, as amended.

Sec. 19-3. At the time such report is filed, there shall be paid to the State Department of Revenue the amount of tax hereby imposed on account of the receipts from sales of tangible personal property during the preceding month.

Sec. 19-4 through 19-9. Reserved.

ARTICLE II. MUNICIPAL UTILITY TAX

Sec. 19-10. MUNICIPAL UTILITY TAX.

1. TAX IMPOSED.

1. A tax is imposed on all persons engaged in the following occupations or privileges:

The privilege of using or consuming electricity acquired in a purchase at retail and used or consumed within the corporate limits of the municipality at the following rates, calculated on a monthly basis for each purchaser:

1. For the first 2,000 kilowatt-hours used or consumed in a month; .335 cents per kilowatt-hour;

2. For the next 48,000 kilowatt-hours used or consumed in a month; .220 cents per kilowatt-hour;

3. For the next 50,000 kilowatt-hours used or consumed in a month; .198 cents per kilowatt-hour;

4. For the next 400,000 kilowatt-hours used or consumed in a month; .192 cents per kilowatt-hour;

5. For the next 500,000 kilowatt-hours used or consumed in a month; .187 cents per kilowatt-hour;

6. For the next 2,000,000 kilowatt-hours used or consumed in a month; .176 cents per kilowatt-hour;

7. For the next 2,000,000 kilowatt-hours used or consumed in a month; .173 cents per kilowatt-hour;

8. For the next 5,000,000 kilowatt-hours used or consumed in a month; .170 cents per kilowatt-hour;

9. For the next 10,000,000 kilowatt-hours used or consumed in a month; .167 cents per kilowatt-hour; and

10. For all electricity used or consumed in excess of 20,000,000 kilowatt-hours in a month; .165 cents per kilowatt- hour.

The tax rates set forth in the preceding table will be used at least through December 31, 2008, are proportional to the rates enumerated in 65 ILCS § 5/8-11-2 (as modified by Public Act 90- 561).

2. Pursuant to 65 ILCS § 5/8-11-2, the rates set forth in subsection (a) above shall be effective: (A) on August 1, 1999, for residential customers; and (B) on the earlier of (1) the first bill issued on or after January 1, 2001, or (2) the date of the first bill issued pursuant to 220 ILCS § 5/16-104, for nonresidential customers.

3. The provisions of Section 3.1 shall not be effective until August 1, 1998.

2. EXCEPTIONS. None of the taxes authorized by this Ordinance may be imposed with respect to any transaction in interstate commerce or otherwise to the extent to which the business or privilege may not, under the Constitution and statutes of the United States, be made the subject of taxation by this State or any political sub-division thereof; nor shall any persons engaged in business of distributing, supplying, furnishing, or selling or transmitting gas, water or electricity, or engaged in the business of transmitting messages, or using or consuming electricity acquired in a purchase at retail, be subject to taxation under the provisions of this Ordinance for those transactions that are or may become subject to taxation under the provisions of the “Municipal Retailers’ Occupation Tax Act” authorized by Section 8-11-1; nor shall any tax authorized by this Ordinance be imposed upon any person engaged in a business or on any privilege unless the tax is imposed in like manner and at the same rate upon all persons engaged in businesses of the same class in the municipality, whether privately or municipally owned or operated, or exercising the same privilege within the municipality.

3. ADDITIONAL TAXES. Such tax shall be in addition to other taxes levied upon the taxpayer or its business.

4. COLLECTION. The tax authorized by this Ordinance shall be collected from the purchaser by the person maintaining a place of business in this State who delivers the electricity to the purchaser. This tax shall constitute a debt of the purchaser to the person who delivers the electricity to the purchaser and if unpaid, is recoverable in the same manner as the original charge for delivering the electricity. Any tax required to be collected pursuant to this Ordinance and any such tax collected by a person delivering electricity shall constitute a debt owed to the municipality by such person delivering the electricity. Persons delivering electricity shall collect the tax from the purchaser by adding such tax to the gross charge for delivering the electricity. Persons delivering electricity shall also be authorized to add to such gross charge an amount equal to 3% of the tax to reimburse the person delivering electricity for the expense incurred in keeping records, billing customers, preparing and filing returns, remitting the tax and supplying data to the municipality upon request. If the person delivering electricity fails to collect the tax from the purchaser, then the purchaser shall be required to pay the tax directly to the municipality in the manner prescribed by the municipality. Persons delivering electricity who file returns pursuant to this Section (C) shall, at the time of filing such return, pay the municipality the amount of the tax

collected pursuant to this Ordinance, provided that the person delivering electricity shall be allowed a credit for such tax related to deliveries of electricity the charges for which are written off as uncollectible, and provided further, that if such charges are thereafter collected, the delivering supplier shall be obligated to remit such tax.

5. REPORTS TO MUNICIPALITY. On or before the last day of each month, each taxpayer shall make a return to the City for the preceding month stating:

1. His name.

2. His principal place of business.

3. His gross receipts and/or kilowatt-hour usage during the month upon the basis of which the tax is imposed.

4. Amount of tax.

5. Such other reasonable and related information as the corporate authorities may require.

The taxpayer making the return herein provided for shall, at the time of making such return, pay to the Village of New Millford, Illinois, the amount of tax herein imposed; provided that in connection with any return, the taxpayer may, if he so elects, report and pay an amount based upon his total billings of business subject to the tax during the period for which the return is made (exclusive of any amounts previously billed) with prompt adjustments of later payments based upon any differences between such billings, and the taxable gross receipts.

6. CREDIT FOR OVER-PAYMENT. If it shall appear that an amount of tax has been paid which was not due under the provisions of this Article, whether as the result of a mistake of fact or an error of law, then such amount shall be credited against any tax due, or to become due, under the Article from the taxpayer who made the erroneous payment; provided that no amounts erroneously paid more than three (3) years prior to the filing of a claim therefore shall be so credited.

No action to recover any amount of tax due under the provisions of this Article shall be commenced more than three (3) years after the due date of such amount.

7. PENALTY. Any taxpayer who fails to make a return, or who makes a fraudulent return, or who willfully violates any other provision of this Article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00) in addition, shall be liable in a civil action for the amount of tax due. (See 65 ILCS 5/8-11-2)

Sec. 19-11 through 19-19. Reserved.

Sec. 19-20. DEFINITIONS.

As used in this Chapter, the following terms shall have the following meanings:

1. “Amount paid” means the amount charged to the taxpayer’s service address in this municipality regardless of where such amount is billed or paid.

2. “Department” means the Illinois Department of Revenue.

3. “Gross charge” means the amount paid for the act or privilege of originating or receiving telecommunications in this municipality and for all services and equipment provided in connection therewith by a retailer, valued in money whether paid in money or otherwise, including cash, credits, services and property of every kind or nature, and shall be determined without any deduction on account of the cost of such telecommunications, the cost of the materials used, labor or service costs or any other expense whatsoever. In case credit is extended, the amount thereof shall be included only as and when paid. “Gross charges” for private line service shall include charges imposed at each channel termination point within a municipality that has imposed a tax under this Chapter and charges for the portion of the inter-office channels provided within that municipality. Changes for that portion of the inter-office channel connecting two or more channel termination points, one or more of which is located within the jurisdictional boundary of such municipality, shall be determined by the retailer by multiplying an amount equal to the total charge for the inter-office channel by a fraction, the numerator of which is the number of channel termination points that are located within the jurisdictional boundary of the municipality and the denominator of which is the total number of channel termination points connected by the inter-office channel. However, “gross charge” shall not include any of the following:

1. Any amounts added to purchaser’s bill because of a charge made pursuant to: (i) the tax imposed by this Ordinance, (ii) the tax imposed by the Telecommunications Excise Tax Act, (iii) the tax imposed by Section 4251 of the Internal Revenue Code, (iv) 911 surcharges, or (v) charges added to customers’ bills pursuant to the provisions of Section 9-221 or 9-222 of the Public Utilities Act, as amended, or any similar charges added to customers’ bills by retailers who are not subject to rate regulation by the Illinois Commerce Commission for the purpose of recovering any of the tax liabilities or other amounts specified in those provisions of the Public Utilities Act.

2. Charges for a sent collect telecommunication received outside of such municipality.

3. Charges for leased time on equipment or charges for the storage of data or information for subsequent retrieval or the processing of data or information intended to change its form or content. Such equipment includes, but is not limited to, the use of calculators, computers, data processing equipment, tabulating equipment or accounting equipment and also includes the usage of computers under a time-sharing agreement.

4. Charges for customer equipment, including such equipment that is leased or rented by the customer from any source, wherein such charges are disaggregated and separately identified from other charges.

5. Charges to business enterprises certified as exempt under Section 9-222.1 of the Public Utilities Act to the extent of such exemption and during the period of time specified by the Department of Commerce and Community Affairs.

6. Charges for telecommunications and all services and equipment provided in connection therewith between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries when the tax imposed under this Ordinance has already been paid to a retailer and only to the extent that the charges between the parent corporation and wholly owned subsidiaries or between wholly owned subsidiaries represent expense allocation between the corporations and not the generation of profit for the corporation rendering such service.
7. Bad debts (“bad debt” means any portion of a debt that is related to a sale at retail for which gross charges are not otherwise deductible or excludable that has become worthless or uncollectible, as determined under applicable federal income tax standards; if the portion of the debt deemed to be bad is subsequently paid, the retailer shall report and pay the tax on that portion during the reporting period in which the payment is made).

8. Charges paid by inserting coins in coin-operated telecommunications devices.

9. Amounts paid by telecommunications retailers under the Telecommunications Infrastructure Maintenance Fee Act.

10. Charges for nontaxable services or telecommunications if (i) those charges are aggregated with other charges for telecommunications that are taxable, (ii) those charges are not separately stated on the customer bill or invoice, and (iii) the retailer can reasonably identify the nontaxable charges on the retailer’s books and records kept in the regular course of business. If the nontaxable charges cannot reasonably be identified, the gross charge from the sale of both taxable and nontaxable services or telecommunications billed on a combined basis shall be attributed to the taxable services or telecommunications. The burden of proving nontaxable charges shall be on the retailer of the telecommunications.

4. “Interstate telecommunications” means all telecommunications that either originate or terminate outside this State.

5. “Intrastate telecommunications” means all telecommunications that originate and terminate within this State.

6. “Person” means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, or a receiver, trustee guardian, or other representative appointed by order of any court, the Federal and State governments, including State universities created by statute, or any city, town, county, or other political subdivision of this State.

7. “Purchase at retail” means the acquisition, consumption or use of telecommunications through a sale at retail.
8. “Retailer” means and includes every person engaged in the business of making sales at retail as defined in this Section. The Department may, in its discretion, upon application, authorize the collection of the tax hereby imposed by any retailer not maintaining a place of business within this State, who, to the satisfaction of the Department, furnishes adequate security to insure collection and payment of the tax. Such retailer shall be issued, without charge, a permit to collect such tax. When so authorized, it shall be the duty of such retailer to collect the tax upon all of the gross charges for telecommunications in this State in the same manner and subject to the same requirements as a retailer maintaining a place of business within this State. The permit may be revoked by the Department at its discretion.

9. “Retailer maintaining a place of business in this State”, or any like term, means and includes any retailer having or maintaining within this State, directly or by a subsidiary, an office, distribution facilities, transmission facilities, sales office, warehouse or other place of business, or any agent or other representative operating within this State under the authority of the retailer or its subsidiary, irrespective of whether such place of business or agent or other representative is located here permanently or temporarily, or whether such retailer or subsidiary is licensed to do business in this State.

10. “Sale at retail” means the transmitting, supplying or furnishing of telecommunications and all services and equipment provided in connection therewith for a consideration, to persons other than the Federal and State governments, and State universities created by statute and other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries for their use or consumption and not for resale.

11. “Service address” means the location of telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received by a taxpayer. In the event this may not be a defined location, as in the case of mobile phones, paging systems, and maritime systems, service address means the customer’s place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act. For air-to-ground systems and the like, “service address” shall mean the location of a taxpayer’s primary use of the telecommunications equipment as defined by telephone number, authorization code, or location in Illinois where bills are sent.
12. “Taxpayer” means a person who individually or through his or her agents, employees, or permittees engages in the act or privilege of originating or receiving telecommunications in a municipality and who incurs a tax liability as authorized by the Ordinance.

13. “Telecommunications”, in addition to the meaning ordinarily and popularly ascribed to it, includes, without limitation, messages or information transmitted through use of local, toll, and wide area telephone service, private line services, channel services, telegraph services, teletypewriter, computer exchange services, cellular mobile telecommunications service, specialized mobile radio, stationary two-way radio, paging service, or any other form of mobile and portable one-way or two-way communications, or any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities. As used in this Ordinance, “private line” means a dedicated non-traffic sensitive service for a single customer, that entitles the customer to exclusive or priority use of a communications channel or group of channels, from one or more specified locations to one or more other specified locations. The definition of “telecommunications” shall not include value added services in which computer processing applications are used to act on the form, content, code, and protocol of the information for purposes other than transmission. “Telecommunications” shall not include purchases of telecommunications by a telecommunications service provider for use as a component part of the service provided by such provider to the ultimate retail consumer who originates or terminates the taxable end-to-end communications. Carrier access charges, right of access charges, charges for use of inter-company facilities, and all telecommunications resold in the subsequent provision of, used as a component of, or integrated into, end-to-end telecommunications service shall be non- taxable as sales for resale. Prepaid telephone calling arrangements shall not be considered “telecommunications” subject to the tax imposed under this Ordinance. For purposes of this Section, “prepaid telephone calling arrangements” means that term as defined in Section 2-27 of the Retailer’s Occupation Tax Act.

19-21.        SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX IMPOSED.

A tax is hereby imposed upon any and all the following acts or privileges:

1. The act or privilege of originating in the municipality or receiving in the municipality intrastate telecommunications by a person at a rate of six percent (6.0%) of the gross charge for such telecommunications purchased at retail from a retailer. To prevent actual multi-municipal 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 property due and paid in the municipality that was not previously allowed as a credit against any other municipal tax.

2. The act or privilege of originating in the municipality or receiving in the municipality interstate telecommunications by a person at a rate of six percent (6.0%) of the gross charge for such telecommunications purchased at retail from a retailer. To prevent actual multi-state of multi-municipal 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 of municipality on 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 of 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.

3. The tax imposed by this Ordinance 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 the municipality.

19-22.        COLLECTION OF TAX BY RETAILERS.

1. The tax authorized by this Ordinance shall be collected from the taxpayer by a retailer maintaining a place of business in this State and shall be remitted by such retailer to the Department. Any tax required to be collected pursuant to or as authorized by this Ordinance and any such tax collected by such retailer and required to be remitted to the Department shall constitute a debt owed by the retailer to the State. Retailers shall collect the tax from the taxpayer by adding the tax to the gross charge for the act or privilege of originating or receiving telecommunications when sold for use, in the manner prescribed by the Department.  The tax authorized by this Ordinance shall

constitute a debt of the taxpayer to the retailer until paid, and, if unpaid, is recoverable at law in the same manner as the original charge for such sale at retail. If the retailer fails to collect the tax from the taxpayer, then the taxpayer shall be required to pay the tax directly to the Department in the manner provided by the Department.

2. Whenever possible, the tax authorized by this Ordinance shall, when collected, be stated as a distinct item separate and apart from the gross charge for telecommunications.

19-23.  RETURNS TO DEPARTMENT.

On or before the last day of August, 2005, and on or before the last day of every month thereafter, the tax imposed under this Ordinance on telecommunication retailers shall be returned with appropriate forms and information as required by the Department pursuant to the Illinois Simplified Municipal Telecommunications Tax Act (Public Act 92-526, Section 5-50) and any accompanying rules and regulations created by the Department to implement the Act.

19-24.  RESELLERS.

1. if a person who originates or receives telecommunications claims to be a reseller of such telecommunications, such person shall apply to the Department for a resale number. Such applicant shall state facts which will show the Department why such applicant is not liable for the tax authorized by this Article on any of such purchases and shall furnish such additional information as the Department may reasonably require.

2. 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 person’s having discontinued the making of resales.

3. 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.

19-25.        SEVERABILITY.

If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance.

19-26.        EFFECTIVE DATE.

This Ordinance shall be in full force and effect from and after its passage and approval and publication as required by law, provided, however, that the tax provided for herein shall take effect for all bills issued on or after the first day of July, 2005. Copies of this Ordinance shall be certified and sent to the Illinois Department of Revenue prior to March 20, 2005.

ARTICLE III.

MUNICIPAL CANNABIS RETAILERS’ OCCUPATION TAX

Sec. 19-27.        Tax imposed; Rate.

1. A tax is hereby imposed upon all persons engaged in the business of selling cannabis, other than cannabis purchased under the Compassionate Use of Medical Cannabis Pilot Program Act, at retail in the City/Village at the rate of 3.00% of the gross receipts from these sales made in the course of that business.

2. The imposition of this tax is in accordance with the provisions of Sections 8-11-22, of the Illinois Municipal Code (65 ILCS 5/8-11-22).

Sec. 19-28.        Collection of tax by retailers.

1. The tax imposed by this Ordinance shall be remitted by such retailer to the Illinois Department of Revenue (Department).

Any tax required to be collected pursuant to or as authorized by this Ordinance and any such tax collected by such retailer and required to be remitted to the Department shall constitute a

debt owed by the retailer to the State. Retailers may reimburse themselves for their seller’s tax liability hereunder by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with any State tax that sellers are required to collect.

2. The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Department. The Department shall have full power to administer and enforce the provisions of this article.

ARTICLE IV. SERVICE OCCUPATION TAX

RESERVED

ARTICLE V. RESERVED

(Ordinance No. 2019-5)

CHAPTER 20 VEGETATION

Sec. 20-1. CERTAIN WEEDS DECLARED A NUISANCE AND PROHIBITED.

Any weeds such as jimson, burdock, ragweed, thistle, cocklebur or other similar noxious weeds found growing in any lot or tract of land in the Village are hereby declared to be a nuisance, and it shall be unlawful to permit any such weeds to grow or remain in any such place.

Sec. 20-2. HEIGHT LIMITATION FOR CERTAIN PLANTS AND WEEDS; THOSE EXCEEDING LIMITATION DECLARED A NUISANCE.

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 or weeds exceeding such height are hereby declared to be a nuisance.

Sec. 20-3. NOTICE TO ABATE.

It shall be the duty of the Village to serve a notice upon the owner or occupant of any premises on which weeds or plants are permitted to grow in violation of the provisions of this article and to demand the abatement of the nuisance within ten

(10) days.

Sec. 20-4. ABATEMENT BY VILLAGE; COSTS.

If the person served a notice to abate does not abate the nuisance within ten (10) days after receiving a notice from the Village, the board of health may proceed to abate such nuisance, keeping an account of the expense of such abatement. Such expense shall be charged to and paid by the owner or occupant and shall be collected by the Village by suit or otherwise which shall be in addition to the fine or penalty.

Sec. 21-1.TITLE.

CHAPTER 21 ZONING

ARTICLE I. GENERAL PROVISIONS

This chapter shall be known, cited, and referred to as “The Zoning Ordinance of the Village of New Milford”.

Sec. 21-2.PURPOSE OF CHAPTER.

This chapter is adopted for the following purposes:

1. To provide for the citizens of the Village adequate light, pure air and safety from fire and other dangers, to conserve the value of land and buildings, to lessen or avoid congestion of traffic on the public roads and to promote the public health, safety, comfort, convenience, morals and general welfare.

2. To protect the character and the stability of the residential, business, and industrial areas within the village and to promote the orderly and beneficial development of such areas in a harmonious manner.

3. To establish restrictions in order to attain these objectives by adopting a zoning ordinance which will revise the districts into which the village is divided, the restrictions upon the uses to which land and buildings may be devoted, the restrictions upon the location and height of buildings, the restrictions upon the intensity of the use of land and buildings, the requirements for yards, the requirements for off-street parking facilities, the provisions for administration and enforcement of this chapter, the penalties for violation of this chapter, and the procedure, powers and duties of the board of appeals.

4. Upon the approval, passage, and publication in pamphlet form of this ordinance, the previous ordinance in effect for the Village of New Milford to regulate the zoning shall become null and void. Upon the effective date of this ordinance, all zoning within the jurisdiction of the Village of New Milford, shall be regulated by this ordinance. To the extent that the previous ordinance is in conflict with this ordinance, said conflicts will be classified as a pre-existing nonconforming use and the owners of said premises shall be entitled to the legal heights as set forth by this ordinance and state law. Upon the effective date of this ordinance, all zoning chapters shall be regulated by this ordinance.

Sec. 21-3.        DEFINITIONS-CLARITY OF INTERPRETATION.

In the construction of this chapter, the definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise. The following words use shall apply in order to provide clarity to interpretation:

1. Words used in the present tense shall include the future, and words used in the singular number shall include the plural number, and the plural the singular.

2. The word “shall” is mandatory and not discretionary.

3. The word “may” is permissive.

4. The word “lot” shall include the words “plot” and

“parcel”.

5. The word “building” includes all structures of

every kind, regardless of similarity to buildings.

6. The phrase “used for” shall include the phrases “arranged for”, “designed for”, “intended for”, “maintained for”, and “occupied for”.

7. Words not defined shall be interpreted in accordance with definitions contained in Webster’s Dictionary.

Sec. 21-4.DEFINITION-ENUMERATION.

The following words and terms, whenever they occur in this chapter, shall be interpreted as herein defined:

ABANDONMENT. A voluntary action to give up one’s rights or interests in property.

ACCESSORY BUILDING. An accessory building is one which:

1. Is subordinate to and serves a principal building or principal use;

2. Is subordinate in area, extent or purpose to the principal building or principal use served;

3. Contributes to the comfort, convenience, or necessity or occupants of the principal building or principal use served; and,

4. Is located on the same zoning lot as the principal building or principal use served with the single exception of such accessory off-street parking facilities as are permitted to locate

elsewhere than on the same zoning lot with the building or use served.

5. Drop boxes as defined above in the recital paragraphs.

ACCESSORY USE.        An “accessory use” includes, but is not limited to the following:

1. A children’s playhouse, garden house and private greenhouse;

2. A garage, carport, shed or building for domestic

storage;

3. Storage of merchandise normally carried in stock on

the same lot with any retail service or business use, unless such storage is excluded by the district regulations;

4. Storage of goods used in or produced by manufacturing activities, unless such storage is excluded by the district regulations;

5. A nonpaying guest house or rooms for guests within an “accessory building,” provided such facilities are used for the occasional housing of guests of the occupant of the principal building and not for permanent occupancy;

6. Quarters comprising part of an accessory garage and solely for occupancy by a household employee (and his or her family) of the occupants of the principal dwelling;

7. Swimming pool, private, for use by the occupant and his guests;

8. Off-street automobile parking uses, and loading and unloading facilities;

9. Signs (other than advertising signs) as permitted and regulated in each district incorporated in this chapter;

10. Public utilities, facilities, telephone, electric, gas, water and sewer lines, their supports and incidental equipment.

ADVERTISING DEVICE. An advertising sign, billboard or poster panel which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such “advertising device” is located or to which is affixed, but does not include those advertising signs, billboards or poster panels which direct attention to the business on the premises or to a brand name of a product or commodity with which the business is

specifically identified and which is sold on the premises.

ALLEY. A public-way, used as a secondary means for vehicular access to the rear or side of properties otherwise abutting on a street.

APARTMENT. A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.

ARCADE, SEXUALLY-ORIENTED. “Sexually-Oriented” Arcade means any place to which the public is permitted or invited wherein coin- operated or slug-operated or electronically, electrically or mechanically-controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “special sexual activities” or “specified anatomical areas.” (See “Bookstore or Video Store, Sexually-Oriented”)

AUTOMOBILE REPAIR, MAJOR. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair, and painting of vehicles.

AUTOMOBILE REPAIR, MINOR. Incidental repairs, replacement of minor parts and motor service to automobiles, but not including any operation specified under “Automobile repair, major.”

AUTOMOBILE SERVICE STATION. A place where gasoline, stored only in underground tanks kerosene, lubrication, oil or grease for the operation of automobiles are offered for sale directly to the public on the premises, and including minor accessories and the servicing of automobiles; but not including major automobile repairs; and including washing of automobiles where no chain conveyor, blower of steam cleaning device is employed. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of an automobile service station, the premises shall be classified as a public garage. Automobile service stations shall not include sale or storage of automobiles or trailers (new or used).

AUTOMOBILE AND TRAILER SALES AREA. An open area, other than a street, used for the display or sale of new or used automobiles or trailers, and where no repair work is done except for minor incidental repair of automobiles or trailers to be displayed and sold on the premises.

BABYSITTING SERVICES. A building or portion thereof used for the care of from one (1) to seven (7) children excluding the children of the occupant of the building residing in said building

and subject to the Home Occupation permit requirements.

BASEMENTS. A portion of a building with a floor located below the grade level. A basement shall be counted as a story for the purpose of height regulations if one-half (1/2) or more of its height is above grade level.

BLOCK. A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights- of-way, bulkhead lines or shore lines of waterways, or corporate boundary lines of municipalities.

BOOKSTORE OR VIDEO STORE, SEXUALLY-ORIENTED.        “Sexually-

Oriented” Bookstore or “Sexually-Oriented” Video Store means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas”; or

2. Instruments, devices or paraphernalia which are designed for use in connection with “specified sexual activities”. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as “Sexually- Oriented” Bookstore or “Sexually-Oriented” Video Store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as a “Sexually-Oriented” Bookstore or “Sexually-Oriented” Video Store as long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe “specified sexual activities” or “specified anatomical areas”.

3. “Specified Sexual Activities” means and includes any of the following:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
2. Sex acts, normal or perverts, actual or simulated, including intercourse, oral copulation or sodomy;
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any of the activities set forth in A through C above.

BUILDABLE AREA.        The space remaining on a lot after the minimum open space, yards and setbacks requirements of this chapter

have been complied with.

BUILDING. Any structure having a roof supported by columns or walls for the sheltering or enclosure of persons, animals, chattels or property of any kind.

BUILDING, DETACHED. A free-standing building surrounded by open space on the same zoning lot.

BUILDING SETBACK LINE. A line parallel to the street line at a distance from it, regulated by the setback requirements established in this chapter.

BULK. The term used to indicate the size and setbacks of buildings or structures and location of same with respect to one another and includes the following:

1. Size and height of buildings;

2. Location of exterior walls at all levels in relation to lot lines, streets, or to other buildings;

3. Gross floor area of buildings in relation to lot area (floor area ratio);

4. All open spaces allocated to the building;

5. Amount of lot area per dwelling unit; and,

6. Required parking areas.

CAMPING APPARATUS. Included but not limited to tents, and all other temporary structures used for overnight camping.

CAMPING TRAILER. A canvas, material, or other metal folding structure, mounted on wheels, and designed for travel, recreational or vacation uses.

CELLAR. A portion of a building or structure more than one- half (1/2) underground and not used or intended to be used for human occupancy.

CLINIC, MEDICAL OR DENTAL. A building or complex in which an organization of physicians or dentists, or both, work cooperatively and have their offices in a common building. A clinic shall not include in-patient care.

CLUB OR LODGE, PRIVATE. A nonprofit association of persons, who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests. All private clubs or lodges as defined above shall be permitted to rent or lease their premises which are not inconsistent with the permitted uses of said facility of the private club or lodge.

COMMERCIAL TRUCK. A truck used primarily for commercial purposes. Commercial trucks with a license over a B designation are not permitted to be parked on residentially zoned lots. Semi- trailers, full trailers and diesel cabs are considered to be commercial trucks.

CONTRACTOR EQUIPMENT. Any and all equipment, machinery and other physical property used by a contractor in the performance of his business.

DAY NURSERY SCHOOL. A building or portion thereof used for the care of eight (8) or more children excluding the children of the occupant of the building residing in said building.

DILIGENTLY PURSUED TO COMPLETION. An active building permit indicating periodic inspection by the Winnebago County Building department or other designated officers of the village.

DISTRICT. An area or section of the village within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.

DRIVE-IN RESTAURANT. Any establishment where food and/or beverages are sold to customers for consumption primarily in an automobile parked upon the premises.

DWELLING. A building designed, constructed or intended for human habitation, complying with all of the requirements in Section 21-7 through Section 21-20 herein.

DWELLING, ATTACHED. A dwelling which is jointed to another dwelling at one or more sides by a party wall or walls.

DWELLING, ONE-FAMILY. A dwelling unit designed exclusively for use and occupancy by one family.

DWELLING, TWO-FAMILY. A building designed or altered to provide dwelling units for occupancy by two (2) families living independently of each other with separate kitchen facilities.

EDUCATIONAL INSTITUTION. A public, parochial, charitable, or non-profit elementary, junior high, high school, junior college, college or university, trade or business school, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.

ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

FENCE, SITE, TIGHT. A fence including a solid entrance and exit gates which effectively conceals from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it.

FIREWOOD PROCESSING. The method by which logs are converted into firewood by splitting, either by hand or by machine.

FLOOR AREA, GROSS. For the purpose of determining requirements for off-street parking and off-street loading, the floor area shall mean the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space, such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area, for purposes of measurements for off-street parking spaces, shall not include: Floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space, or basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

GRADE. The average level of the ground adjacent to the exterior walls of the buildings.

GUEST HOUSE. Living quarters within a detached accessory building located on the same lot with the principal building for use by temporary guests of the occupant of the premises. Such quarters shall not be rented or otherwise used as a separate dwelling.

HEIGHT, BUILDING. The peak or top part of the ridge line on a structure shall be the point of measurement.

HOSPITAL OR SANITARIUM. An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty-four hours in any week or three (3) or more non-related individuals suffering from illness, disease, injury or other abnormal physical conditions. The term “hospital” as used in this chapter, does not apply to institutions operating solely for the treatment of mentally ill persons, drug addicts, liquor addicts or other types of cases necessitating restraint of patients, and the term “hospital” shall not be used for convalescent, nursing, shelter or boarding homes.

HOTEL, MOTEL, OR INN.  An establishment containing lodging

accommodations designed for use by transients, travelers or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service.

INDEPENDENT TRAVEL TRAILER PARK. A parcel of land upon which two (2) or more occupied independent travel trailers are parked.

JUNK YARD. An open area where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

LEGAL OBJECTOR. An owner of record of property located such that said owner is among those to be notified of a public hearing for a proposed Special Use Permit, Variation, or Zoning Map Amendment for property located adjacent to or across the street or alley from the property of such owner of record.

LIMITED ACCESS HIGHWAY. A traffic-way, including toll roads, for through-traffic, in respect to which owners or occupants of abutting property or land and other persons have no legal right of access to or from the same, except at such points and only in such manner as may be determined by the public authority having jurisdiction over such roadway.

LOADING AND UNLOADING SPACE OR BERTH, OFF-STREET.        An

obstructed, hard-surfaced area of land other than a street or a public-way, the principal use of which is for the standing, loading, and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys. Such space shall not be less than ten (10’) feet in width, thirty-five (35’) feet in length and fourteen (14’) feet in height, exclusive of access aisles and maneuvering space.

LOT AREA. The area of horizontal plains bounded by vertical plains containing the front, side and rear lot lines.

LOT CORNER. A lot situated at the junction of and abutting on two (2) or more intersecting streets.

LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

LOT DEPTH. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

LOT FRONTAGE. The lot frontage shall be that part of the lot extending across the front of the lot between the side yard lines, and being the minimum horizontal distance between the street line and the main building or projections thereof other than the projection of unusual steps, entrance ways, unenclosed balconies, or open porch. For a corner lot, the owner may elect either street

line as the front lot line.

LOT INTERIOR. A lot other than a corner lot, with frontage on only one street.

LOT REAR. The rear of the lot is that part of the property extending across the rear of the lot, measured between side lot lines, and being the minimum horizontal distance between the rear lot lines, and the rear of the main building, or any projections other than steps, unenclosed balconies, or un-enclosed porches. On corner lots, the rear of the lot shall be considered as parallel to the street upon which the lot has the least dimensions. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

LOT OF RECORD. An area of land designated as a lot on a plat of subdivision recorded, pursuant to law.

LOT REVERSED CORNER. A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.

LOT SIDE. The side of the lot shall be that part of the property between the main building and the side line of the lot and extending from the front lot line to the rear lot line.

LOT THROUGH. A lot having frontage on two (2) parallel or approximately parallel streets, and which is not a corner lot. On a through lot, both street lines shall be deemed to have front lot lines.

MARQUEE OR CANOPY. A roof-like structure of a permanent nature which projects from the wall of a building and over-hangs the public way, and is designed and intended to protect pedestrians from adverse weather conditions.

MASSAGE PARLOR. Any establishment where any person engages in massage excluding, however, hospitals, nursing homes, sanitaria, persons holding an unrevoked certificate to practice healing arts in the State of Illinois, or persons working under the direction of any such persons in any such establishments, and also excluding barbers or cosmetologists lawfully carrying out their particular profession and holding a valid unrevoked license or certificate of registration issued by the State of Illinois, and also excluding any person holding a valid license issued by a state that licenses massage therapists or any person who is a member in good standing of the American Massage Therapy or the American Oriental Bodywork Therapy Association.

MODULAR HOME. Manufactured housing constructed with standardized units or dimensions that meet all building code requirements.

MOTOR HOME. A portable, temporary dwelling to be used for travel, recreational, or vacation uses, constructed as an integral

part of a self-propelled vehicle.

NONCONFORMING LOT. A lot of record existing at the date of the passage of this chapter which does not have the minimum width or contain the minimum area for the zone in which it is located.

NONCONFORMING STRUCTURE. A lawful structure which exists upon the adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure, or its location on the lot.

NONCONFORMING USE. The use of any structure or land lawfully occupied and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located, by reason of adoption of this chapter of amendments thereto.

NUDE MODEL STUDIO. Nude Model Studio means any place where a person who appears in a state of nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. “Nudity” or a “State of Nudity” means the appearance of human bare buttock, anus, male genitals, female genitals, or full female breasts. “Specified Anatomical Areas” means the male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.

NURSING HOME, REST HOME, CONVALESCENT HOME.        A private

facility for the care of children or the aged or infirmed, or a place of rest for those suffering bodily disorders, but not including facilities used primarily for the treatment of sickness, injuries or surgical care.

OBSTRUCTION. Any man-made object other than a structure.

OPEN SALES LOT. Any land used or occupied for the purpose of buying, storing and selling new or secondhand passenger cars or trucks, motor scooters, motorcycles, boats, trailers, aircraft and monuments and for the storing of same.

PARKING AREA, PRIVATE. Any open, hard-surfaced area, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles and pickup trucks, but not including trailers, mobile homes or boats, or occupant of buildings for which parking is developed and is accessory.

PARKING AREA, PUBLIC. An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half (1-1/2) tons capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.

PARKING SPACE, OFF-STREET. A useable off-street area with independent access, not included within the established front yard set backs, at least nine (9’) feet by twenty (20’) feet for diagonal and perpendicular vehicle parking or at least eight (8’) feet by twenty-two (22’) feet for parallel vehicular parking.

PICK-UP COACH. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreational or vacation uses.

PLANNED COMMUNITY DEVELOPMENT. A development occupying not less than ten (10) acres which shall include all land within the project boundaries plus all of the adjacent public right-of-way involving a related group of associated uses, planned as an entity and, therefore, acceptable for development and regulation as one complex land use unit.

PORCH, COVERED. A roofed structure, projecting out from the wall or walls of a main structure.

PRINCIPAL USE.        The main use of land or buildings are distinguished from a subordinate or accessory use.

PUBLIC OPEN SPACE. Any publicly-owned open area, including but not limited to the following: parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.

PUBLIC UTILITY. Any person, firm, corporation or municipal department duly authorized to furnish, under public regulations, to the public, electricity, gas, steam, telephone, communications, transportation, water or sewer.

RECREATIONAL CAMPGROUND. A tract of land upon which recreational vehicles and/or tents are located and occupied for travel, recreational or vacation purposes.

RECREATIONAL VEHICLE. A travel trailer, pick-up coach, motor home, or camping trailer.

SEXUALLY-ORIENTED BUSINESS. A “sexually-oriented’’ arcade, a “sexually-oriented’’ bookstore, or “sexually-oriented’’ video store, massage parlor, an escort agency or a nude model studio. (Each of these terms is defined within the “Definitions” section of this Ordinance).

STREET. A right-of-way other than an alley, which affords a primary means of access to abutting property.

STRUCTURAL ALTERATIONS. Any change other than incidental repairs which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams and girders.

STRUCTURE. Structure means anything that is constructed or erected with a fixed location to the ground, or attached to something having a fixed location to the ground. Among other things, structures include walls, buildings, fences, mobile homes and swimming pools. Further included are “drop boxes” whose purpose is to collect clothes and donations from the public, whether said “drop box” is a permanent or temporary structure. The term “structure” includes the term “building”.

TRAVEL TRAILER, DEPENDENT. A Travel Trailer, as defined herein, which is not equipped with a self-contained kitchen, toilet, bath and shower facilities.

TRAVEL TRAILER, INDEPENDENT. A Travel Trailer, as defined herein, which is equipped with a self-contained kitchen, toilet, bath and shower facilities.

TRUCK PARKING AREA OR YARD. Any land used or intended to be used for the storage or parking of trucks, trailers, tractors, and including commercial vehicles, while not loading or unloading, which exceed one and one-half (1-1/2) tons in capacity.

VIDEO STORE, SEXUALLY-ORIENTED. (See BOOKSTORE OR VIDEO STORE, SEXUALLY-ORIENTED)

YARD OR SETBACK. An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed, except as otherwise permitted in this chapter, and which extends along a lot line to a depth or width specified in the yard regulations for the district in which the zoning lot is located.

ZONING LOT. A parcel of land considered or treated as a single unit. A zoning lot may or may not correspond with a lot or record.

ZONING MAPS. The map or maps incorporated into this chapter as a part thereof, designating zoning districts.

Sec. 21-5.INTERPRETATION OF CHAPTER.

1. Minimum requirements. The provision of this chapter shall be held to the minimum requirements for carrying out the intent and purpose, as defined in Section 21-2.

2. Relationship with other laws. Where the conditions imposed by any provision of this chapter upon the use of land, building, or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements)

shall govern.

3. Effect on private agreements. This chapter is not intended to abrogate any existing easements, covenants, condition, restriction or any other private agreements; provided, that where the regulations of this chapter are more restrictive or impose higher standards or requirements, all future easements, shall meet the minimum requirements of this chapter.

Sec. 21-6.SCOPE OF REGULATIONS.

1. Except as may otherwise be provided in Article II of this chapter, all structural alterations or relocation of existing structures occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter, shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such structures uses, or land shall be located.

2. Nonconforming structures and uses. Any lawful structure or use existing at the time of the enactment of this chapter may be continued, even though such structure or use does not conform to the provisions of this chapter for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions of Article II of this chapter.

3. Building Permits. Where a building permit for a structure has been issued in accordance with law prior to the effective date of this Ordinance October 20, 1987, and provided that construction is begun within ninety (90) days of such effective date and diligently pursued in accordance with the approved plans on the basis of which the building permit has been issued, and further may upon completion be occupied under a certificate of occupancy by the use for which originally designated, subject hereafter to the provisions of Article II of this chapter.

Sec. 21-7.USE AND BULK REGULATIONS.

1. Use. No structure or land shall hereafter be used or occupied, and no structure or part thereof shall be erected, raised, moved, reconstructed, replaced, extended or altered except in conformity with the regulations herein specified for the district in which it is located.

2. Bulk. All new structures shall conform to the building regulations established herein for the district in which each structure shall be located; except, that parapet walls, windmills, aerial antennas, water towers, chimneys, cooling towers, elevated bulkheads, fire towers, stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the Village.

Sec. 21-8.LOT COVERAGE.

1. Maintenance of yards, courts and other open spaces. The maintenance of yards, courts and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts, or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason be used to satisfy yard, court, other open space or minimum lot area requirements for any other building, unless a variance is issued allowing said exception.

2. Division of zoning lots. No improved zoning lot shall hereafter be divided into two (2) or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located.

3. Location of required open space. All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

4. Required yards for existing building. No yards now or hereafter provided for building existing on the effective date of this chapter shall subsequently be reduced below, or further reduced below, if already less than, the minimum yard requirements of this chapter for equivalent new construction.

5. Permitted obstructions in required yards. The following shall be considered to be the only permitted obstructions when located in the required yards specified:

1. IN ALL YARDS. Open terraces not over four (4’) feet above the average level of the adjoining ground but not including a permanent roofed-over terrace or porch; awnings and canopies; steps, four (4’) feet or less above grade, which are necessary for access to a permitted building, or for access to a zoning lot from a street or alley; chimneys projecting eighteen inches (18’’) or less into the yard; recreational and laundry-drying equipment; arbors and trellises, and flag poles.

2. IN FRONT YARDS. One-story bay windows projecting three (3’) feet or less into the yard; and overhanging eaves and gutters projecting three (3’) feet or less into the yard.

3. IN REAR YARDS. Enclosed, attached or detached off- street parking spaces; open off-street parking spaces; accessory  sheds,  tool  rooms  and  similar  buildings or

structures for domestic or agricultural storage; balconies; breezeways and open porches; one-story bay windows projecting three (3’) feet or less into the yard; and satellite dish fixtures.

4. IN SIDE YARDS. Overhanging eaves and gutters projecting into the yard for a distance not exceeding forty (40%) percent of the required yard width, but in no case exceeding thirty (30’’) inches.

5. FENCES, WALLS AND HEDGING IN ALL ZONE DISTRICTS.

1. Fences, walls, hedges and trees which may be in conflict with public traffic signals or signs, railroad signals or signs, emergency lights or the movement of traffic shall not be permitted and may be removed or trimmed if the Village considers it in the interest of public safety.

2. Interior lots: Fences, walls and hedges shall be prohibited in the front yard of any lot. In side and rear yards, a maximum height of six feet (6’) is permitted. Notwithstanding the foregoing, any fence located in the side yard shall not extend forward towards the street beyond the front face of the building located on the lot and into the front yard. (Ordinance No. 2015- 5)

3. Corner lots (Vision Clearance): On any corner lot, within the triangular area formed by the two (2) street center lines and a third line connecting two (2) points, one of which is located on each of the two (2) street center lines at a point equal to one and one-half (1-1/2) times the width of the right-of-way of that street from said street center lines allowed to grow in such a manner as to materially impede visions above the plane surface formed by the center line grades of the aforementioned streets.

4. Subject to the fencing requirements of the County Health Code, swimming pools shall be enclosed within a wall, fence, or hedge with a maximum height of six (6’) feet, and a minimum height of four (4’) feet. Such fencing may be an extension of bearing walls of existing structures in the rear yards, but shall not project closer than six (6’) feet to the side or rear lot lines if the fencing is an extension of bearing walls of an existing structure.

5. Notwithstanding anything to the contrary contained in this Section, in all commercial and industrial districts, all walls, fences or hedges shall

not be less than six (6’) feet nor more than eight (8’) feet in height. Any fence that is constructed on a piece of property zoned commercial or industrial shall be a “sight tight” fence or a solid fence which prohibits any party standing on the outside of the fence from viewing the property which is screened by a fence. (Ordinance No. 2015-5)

6. Any person, entity, partnership, or party wishing to construct a fence on a property must first submit an application for a fence permit to construct said fence to the Village Clerk, or her authorized designee, for the Village of New Milford and accompany said application with a fifty ($50.00) dollar processing fee. A detailed fence plan, including, but not limited to, location, construction material and elevation details drawn to scale, must be submitted with the fence permit application to the Village Clerk. The Village Clerk, or designee, shall forward the application to the Village Board at the next available Village Board or Committee meeting after receipt of a complete application. The Village Clerk shall notify the applicant of the Village’s decision to issue the permit for the construction of the fence within seven (7) days of the Village Board’s decision.

If any fence is erected prior to obtaining a fence permit, the fence shall be removed if it is in violation of this Section 21-8 or, if the fence meets all the regulations of this Section 21-8, it may remain only if a fence permit is subsequently obtained within 45 days after notice from the Village at double the regular application fee. All fence permits shall be valid for

120 days from the date of approval of the application. If any fence permit expires prior to the completion of construction of the fence, then another fence permit must be obtained and another fee paid.

1. All fences shall be installed with the finished side facing the adjacent property or public right- of-way, and the fence posts must be located on the inside of the fence facing the property on which the fence is located, unless the fence is designed and constructed to look the same on both sides of the fence.
2. It shall be unlawful for any person, entity, partnership, or party to erect or maintain in any residential or commercial zoning district (except around utility installations or substations) within the Village any barbed wire fence, or any guard or barricade to which there is attached any barbed wire.

3. Barbed wire shall be permitted on industrially- zoned property. However, the use of barbed wire on industrial-zoned property will be limited to the top portions of any fence and must be located a minimum of six feet above grade.

4. Barbed wire shall be permitted on agriculturally- zoned property subject to the following conditions: barbed wire shall not be allowed to be installed along the boundary line of adjacent residentially- zoned property.

5. Fences of any material with pointed pickets of any kind that have an angle less than 90 degrees must be terminated at a point with at least a one-quarter inch flat surface or one-quarter inch ball or radius.

6. It shall be unlawful for any person, entity, partnership, or party to erect or maintain any electric fence within the Village without the prior consent of the Village Board.

7. All fences must be constructed and maintained in a safe and secure condition. The fencing materials used must be those customarily used: chain link/metal (not less than 11 gauge thickness), wrought iron, aluminum, wood (chemically treated or naturally resistant to decay), polyvinyl chloride (PVC), concrete, masonry. Alternate materials may be used if the Village determines they are safe and appropriate. All other materials are prohibited including: chicken wire, welded mesh wire, corrugated or sheet metal, solid plywood, scrap lumber, common concrete, cinder block, and construction, snow and other temporary fencing as permanent fencing. Open-mesh type fencing shall be permitted to enclose school sites.

8. It shall be unlawful for any person, entity, partnership, or party to erect or maintain a fence of any type not in full compliance with the applicable provisions of this Section 21-8. (Ordinance No. 2015-5)

Sec. 21-9.LOT AREA AND DIMENSION.

1. Contiguous parcel. When two (2) or more parcels of land, either of which lacks adequate area or dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be combined and used as one zoning lot for such use.

2. Lots or parcels of land of record. Any single lot or parcel of land, held in one ownership, which was of record at the time of adoption of this ordinance amendment, that does not meet the requirements of minimum lot width and area, may be utilized for a permitted use; provided, that yards, courts or usable open spaces are not less than seventy-five (75%) percent of the minimum required dimensions or areas.

3. Irregular lots. All setbacks shall be determined by the Village according to principles as set forth for yard setbacks in this chapter after having first been reviewed by the Village Planning Commission and Zoning Board of Appeals.

Sec. 21-10.        NUMBER OF DWELLINGS ON A ZONING LOT.

1. In the RR, R1 and R2 Districts, not more than one dwelling shall be permitted on a zoning lot.

2. In the AG District, more than one dwelling shall be permitted on a zoning lot; provided, that the site for each dwelling shall be not less than five (5) acres in area and shall have not less than two hundred fifty (250’) feet of frontage on a public highway.

3. In the R3 and R4 districts, more than one dwelling may be permitted on a zoning lot. In addition to the yards and setbacks established by this chapter, the following additional setbacks between dwellings shall be required where there is more than one dwelling on a zoning lot::

1. Side to side:        A minimum of ten (10’) feet is required.

2. Side to back: A minimum of twenty (20’) feet is required.

3. Front to front: A minimum of sixty (60’) feet is required.

4. Front to side: A minimum of twenty (20’) feet is required.

5. Front to back: A minimum of sixty (60’) feet is required.

6. Back to back: A minimum of forty (40’) feet is required.

7. All setbacks shall be increased by one (1′) foot for every increase of four (4’) feet in height if either of the adjacent buildings are greater than twenty-five (25′) feet in height.

Sec. 21-11.        ACCESSORY BUILDINGS.

1. Location.

1. Residential Structures. On all residentially zoned property, when a rear yard is required, no part of an accessory building shall be located closer than six (6’) feet to the rear lot line or to the side lot line.

2. All zoning designations other than residential. On all property zoned other than residential when a rear yard is required, no part of an accessory building shall be located closer than three (3’) feet to the rear lot line or to the side lot line.

2. Location and Distance from Residential Building.

3. Overhanging eaves or gutters on an accessory building may project not more than eight (8″) inches into the minimum required setbacks or yards specified above.

4. In all Residential Districts, or in any Zoning District in which the property is used primarily for residential purposes, a detached accessory building shall not be located within ten (10’) feet from the principal building, and shall be required to comply with the same side yard setbacks as required for the principal building in the Zoning District in which the property lies.

5. Accessory buildings within ten (10’) feet of the principal building must have a one (1) hour fire rating wall on the side nearest the residentially used building.

3. Time of construction. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.
4. Percentage of Lot Area Occupied. The total square footage of all accessory structures located on a residentially zoned lot shall not exceed the square footage of the principal structure and shall not occupy more than ten percent (10%) of the total lot area, subject to a maximum of four hundred and fifty

(450) square feet of accessory use per residential lot. (Ordinance No. 2017-1)

5. Height of accessory building in required rear yards. No accessory building or portion thereof located in a required side or rear yard shall exceed fifteen (15’) feet in height.

6. Commercial Districts. Accessory structures in commercial districts are not allowed unless they are approved on the original site plan or unless the property owner obtains all necessary permits prior to said erection. No permit shall be issued for “drop boxes” whose purpose is to collect clothes and donations from the public.

Sec. 21-12.        EXISTING SPECIAL USES.

Where a use is classified as a special use under this chapter, and exists as a permitted use at the date of the adoption of this chapter, it shall be considered a legal use, without further action of the village board, the zoning officer or the planning commission.

Sec. 21-13.        ESTABLISH BUILDING SETBACK LINE.

Where a block is at least forty (40%) percent occupied by permanent buildings at the time of the passage of this chapter, the average of the distances of the street walls of such buildings from the street right-of-way line shall be the requirements of each district, but in no case shall a setback of greater than sixty (60’) feet be required.

Sec. 21-14.        ACCESSORY BUILDINGS-NUMBER LIMITATION.

All residentially zoned property shall have no more than one

(1) accessory building which shall not exceed four hundred fifty

(450) square feet in total ground square footage located on each property. (Ordinance No. 2017-1)

ARTICLE II. NONCONFORMING USES AND STRUCTURES

Sec. 21-15.        CONTINUANCE OF USE.

1. Any lawfully established use of a structure or land, on the effective date of this chapter, or of amendments hereto, that

does not conform to the use regulations for the districts in which it is located, shall be deemed to be a legal nonconforming use and may be continued except as otherwise provided herein.

2. Any legal nonconforming structure may be continued in use, provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

3. Any structure for which a permit has been lawfully granted prior to January 14, 2003, the effective date of this chapter; or of amendments hereafter, may be completed, in accordance with the approved plans; provided, that the construction is started within ninety (90) days and diligently pursued to completion. Such structure shall hereafter be deemed a lawful, established structure.

4. Where this chapter by its adoption has reclassified property to a more restrictive district, the owner thereof may use such property for any use or structure permitted under the previous zoning district; provided, that such use is commenced within one year from the adoption of this chapter, or that a building permit is obtained for such structure during such period and construction is diligently pursued thereafter. Such use or structure shall thereafter be classified a nonconformity.

Sec. 21-16.  DISCONTINUANCE OF USE.

1. Whenever any part of a building, structure, or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by a nonconforming use, even though the structure may have been originally designed and constructed for the prior nonconforming use.

2. Whenever a nonconforming use of a structure or part thereof has been discontinued for a period of six (6) consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be re-established and the use of the premises thereafter shall be in conformity with the regulations of the district.

3. Where no enclosed structure is involved, discontinuance of a nonconforming use for a period of six (6) consecutive months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner.

4. A use not authorized by the previous zoning ordinance of the Village shall be discontinued and not re-established, except when the provisions of this chapter find the use to be conforming to the district in which it is then located.

Sec. 21-17.  CHANGE OR CONVERSION OF NONCONFORMING USE.

A nonconforming use or a nonconforming structure may not be replaced by, nor changed to another nonconforming use or nonconforming structure; provided, however, a nonconforming use or a nonconforming structure may be thus changed or replaced in any zoning district as a special use, pursuant to the procedure set forth in Section 21-58 herein.

Sec. 21-18.        TERMINATIONS AND REMOVAL OF NONCONFORMING USES AND STRUCTURES IN RESIDENTIAL DISTRICTS.

The period of time during which the following nonconforming uses and structures may continue or remain in residential districts shall be limited to two (2) years from the effective date of this chapter, or of any amendment thereto which causes the use or structure to be nonconforming. Every such nonconforming use or structure shall be completely removed from the premises at the expiration of the two (2) year period.

1. Any nonconforming structure having an assessed valuation of less than five hundred ($500.00) dollars on the effective date of this chapter.

2. All nonconforming uses where no enclosed building is involved; or where only buildings employed are accessory or incidental to such use, or where such is maintained in connection with a conforming building.

Sec. 21-19.        REPAIRS AND ALTERATIONS.

1. Normal maintenance of a nonconforming structure or of a conforming structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use or the life of the nonconforming structure.

2. No structural alteration shall be made in a structure containing a nonconforming use, except in the following situations:

1. When the alteration is required by law.

2. When the alteration will actually result in eliminating the nonconforming use or structure.

3. When a building in a residential district containing residential nonconforming uses may be altered in any way to improve habitability; provided, no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.

Sec. 21-20.        DAMAGE AND DESTRUCTION.

If a nonconforming structure or a structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty (50%) percent or more of its replacement value at

that time, the structure can be rebuilt or used thereafter, only in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than fifty (50%) percent of its replacement value based upon prevailing costs, the structure may then be restored to its original condition and the structure and use thereof may then continue as before the partial destruction.

In either event, restoration or repair of the structure or other structure must be started within a period of six (6) months from the date of damage or destruction, and diligently pursued to completion.

Sec. 21-21.        ADDITIONS AND ENLARGEMENTS.

1. A conforming structure containing a nonconforming use may be enlarged or extended only if the entire structure is thereafter devoted to a conforming use.

2. No structure partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

3. No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed on the effective date of this chapter, or to displace any conforming uses in the same building or on the same parcel.

4. A structure which is nonconforming with respect to yards, height, or any other element of bulk regulated by this chapter shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located.

Sec. 21-22.        RESERVED.

ARTICLE III.        ZONING DISTRICTS GENERALLY

Sec. 21-23.        ENUMERATION.

For the purpose and provisions of this chapter, the Village is hereby organized into the following districts:

AG        Agricultural

RR        Rural Residential

R1        Residential Single-Family R2        Residential Two-Family

R3 Residential Multi-Family R4 Residential Multi-Family MH  Mobile Home District

CN Commercial Neighborhood CC Commercial Community

CG  Commercial General

OF        Office District IL        Industrial-Light

IG        Industrial-General IH        Industrial-Heavy

Sec. 21-24.        ZONING MAPS.

The boundaries of the aforesaid zoning districts are hereby established as shown on the map entitled “Village of New Milford Zoning Map”. This official map and all explanatory matter thereon and attached thereto are hereby adopted by reference and declared to be part of this chapter.

The “Village of New Milford Zoning Map”, and all official explanatory matter attached thereto bears the signature of the Village Clerk, and shall be on file in the Office of the Village Clerk.

Sec. 21-25.        DISTRICT BOUNDARIES.

When uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply:

1. District boundary lines are either the centerline or railroads, highways, streets, alleys or easements, or the boundary lines of sections, quarter sections, divisions of sections, tracts or lots, or such lines extended or otherwise indicated.

2. In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the maps measured at right angles from the centerline of the street, or highway, and the length of frontage shall be in accordance with dimensions shown on the map from section, quarter section or division lines, or centerline of streets, highways or railroad right-of-ways unless otherwise indicated.

3. Where a lot held in one ownership and of record on the effective date of this chapter is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district; provided, that this construction shall not apply if it increases the less restricted frontage of the lot by more than twenty-five (25’) feet.

Sec. 21-26.        ZONING OF STREETS, ALLEYS, PUBLIC WAYS, WATERWAYS AND RIGHT-OF-WAYS.

All streets, alleys, public ways, waterways and railroad right-of-ways, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways or waterways and railroad

right-of-ways. Where the centerline of a street, alley, public way, waterway or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

ARTICLE IV.        HOME OCCUPATIONS

Sec. 21-27.        REQUIRED CONDITIONS. RESIDENTIAL DISTRICTS:

Conforming home occupations are those activities that require the practice of some skill, talent or craft on the part of the homeowner or member of the immediate family of the homeowner and not just a place to house or furnish the use of some machine or equipment, and shall comply with the following regulations:

1. No person shall be employed other than a member of the immediate family (parent, spouse, child, or sibling only) which permanently reside in that dwelling.

2. A home occupation shall be conducted within a dwelling in an accessory dwelling not to exceed five hundred (500) square feet in area.

3. No more than twenty-five (25%) percent of home’s floor area shall be devoted to the home occupation. The basement, attic, and garage shall not be included in the calculation of floor area.

4. There shall be no external alterations of the dwelling or the accessory building nor any other evidence indicating the existence of a home occupation other than a nameplate which may not exceed one (1’) foot by two (2’) feet and may not be illuminated.

5. There shall be no exterior storage equipment or materials used in the home occupation.

6. No unreasonable odor, liquid or solid waste shall be emitted nor shall any electrical disturbance to the surrounding residence be allowed. Any home occupation that involves volatile materials, compress gases or toxic chemicals shall be permitted only after approval by the Fire Department.

7. No home occupation shall be lawful if it creates or contributes to an unreasonable disturbance including but not limited to unreasonable noise, light, electrical disturbance, traffic or parking problems.

8. Any individual wishing to operate a home occupation must file an application with the Village Clerk or designee of the Village of New Milford, and said application shall be and accompanied by a $15.00 fee for the processing of said application.

Permits shall expire one year from the date of the issuance or renewal. Applicants for renewal permits shall pay a non-refundable renewal application fee of $15.00 annually. An application is an initial application unless the applicant and owner’s are the same as on the earlier permit which were actually issued by the Village.

ARTICLE V. AGRICULTURAL DISTRICTS

Sec. 21-28.  AG AGRICULTURAL DISTRICT.

1. Purposes.

1. To permit nonagricultural uses that require large land areas that will not detract or adversely affect the normal agricultural pursuits of the rural area.

2. To give primary consideration to agricultural pursuits and secondary conside