Loading...
1994-07611/7/94 ORDINANCE NO. 94- 76 AN ORDINANCE AMENDING CHAPTER 9.48 OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove find that graffiti is inconsistent with the Village's property maintenance goals, crime prevention programs and aesthetic standards, and that graffiti must be rapidly abated so as to avoid detrimental impacts on public health, safety and welfare of the citizens of the Village of Buffalo Grove and to prevent the further spread of graffiti. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. Chapter 9.48 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: Chapter 9.48 TRESPASSES AND DAMAGE TO PROPERTY 9_48.010 Definitions. For the purposes of this Chapter, the following definitions shall apply: A. "Graffiti" means any and every name, identifica- tion, description, announcement, declaration, demonstration, display, illustration or insignia, any symbol (including any letter, word, numeral, emblem, or combination thereof), other than advertising which is otherwise provided for by Village ordinances, which without authorization is marked, written, drawn, painted, scratched, inscribed or affixed directly to or upon any object or structure. B. "Legal guardian" includes a person appointed guard- ian or given custody of a minor by any court of record, but does not include a person appointed or given custody of a minor under the Illinois Juvenile Court Act. C. "Minor" means a person who has attained eleven (11) years of age, but who has not yet reached eighteen (18) years of age. D. "Parent" means the lawful mother or father of an unemancipated minor, whether by birth or adoption. E. "Person" includes any individual, firm, partner- ship, association, corporation, company or organization of any kind. F. "Property" includes any real estate, including im- provements thereon, and tangible property. 9.48.020 General prohibition -- trespass. It is unlawful for any person to commit a trespass within the Village upon either public or private property including but not limited to: A. An entry upon the premises, other than a residence or any part thereof, of another, including any public prop- erty after receiving, prior to such entry, notice from the owner or occupant that such entry is forbidden; or B. Knowingly and without authority enter or remain within any residence. C. A failure or refusal to depart from the premises of another in case of being requested, either orally or in writing, to leave by any owner or occupant thereof. D. Knowingly and without authority enter into or obtain control over any motor vehicle, bicycle, aircraft or watercraft or any part thereof, of another person without consent. 9.48.030 Damage to Property. No person shall: A. knowingly damage any property of another without his consent; or B. recklessly by means of fire or explosive damage property of another; or C. knowingly start a fire on the land of another without his consent; or -2- D. knowingly injure a domestic animal of another without his consent; or E. knowingly deposit on the land or in the building of another, without his consent, any stink bomb or any offen- sive smelling compound and thereby intend to interfere with the use by another of the land or building; or F. knowingly shoot a firearm at any portion of a rail- road train; or G. knowingly damage the property of another without his consent by defacing, deforming or otherwise damaging such property by the use of paint or any other similar substance. 9.48.040 Graffiti -- Unlawful Placement. It shall be unlaw- ful for any person to place graffiti upon any public or private curbstone, flagstone, or any portion or any part of any sidewalk or street or upon any tree, lamp post, utility pole, postal mail receptacle, sign, hydrant, gate, fence, door, wall, window, garage, enclosure, vehicle, bridge, or any other public or private structure, building or property. 9.48.050 Graffiti Removal. A. Upon written notification by the Village, the owner or occupant of property upon which graffiti has been ille- gally placed shall remove the graffiti within ten (10) calendar days from the date of the notice. B. The Village may remove graffiti from the exterior of private property if owners or occupants inform the Vil- lage of the presence of such graffiti and of their inability to remove it. Owners or occupants must sign a statement authorizing removal by the Village and must sign a release holding the Village harmless from any claims or suits brought for damages pursuant to any adverse or injurious effects of such chemicals or from the actions taken by the Village or its employees to remove the graffiti within the time specified or they shall be subject to the penalties listed in this Chapter. C. An extension of the time in which graffiti must be removed may be granted by the Village upon application of the property owner or occupant to the police department and a showing of cause. Cause shall include, but not be limited to, weather, temperature, availability of chemicals, or physical limitations. -3- D. The Village Manager shall have the authority to declare graffiti a nuisance and direct its immediate abate- ment. 9.48.060 Parental Responsibility. A. The parent or legal guardian of a minor who resides with such parent or legal guardian is liable for actual damages for the wilful or malicious acts of such minor which cause injury to a person or property. The minor shall be deemed to have committed the offense with the knowledge, consent, acquiescence and permission of the parent or legal guardian in violation of this Chapter. The parent or legal guardian shall be liable for the fine and requirement of restitution or reparation imposed by a court upon minor defendant for violation of this Chapter. B. The sanctions of this Chapter shall apply after said parent or legal guardian have received a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service with a certificate of person service returned, from the police department prior to the institution of any judicial sanction or penalty; in any action brought pursuant to the provisions of this Chap- ter, the parent or legal guardian shall be made a party defendant. 9.48.070 Penalties. A. A person that is found guilty of violating any provision of this Chapter, shall be obligated to pay such restitution or reparation as a court may require in the amount of actual loss or damage to property or pecuniary loss but not to exceed one thousand dollars ($1,000.00). Nothing in this subsection shall preclude such additional civil remedies as are available to a complaining party for any sum not recovered under this section. B. In addition or in lieu or such restitution or reparation as hereinabove provided, a fine of not to exceed one thousand dollars ($1,000.00) for each such offense. Said fine may be imposed upon the parent or legal guardian as herein provided. C. A person found to be in violation of this Chapter, by failing to remove graffiti, shall be subject to a fine not to exceed one thousand dollars ($1,000.00) for each offense. Everyday the graffiti remains in violation of this Chapter shall constitute a separate offense. -4- Section 2. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 4 - Marienthal, Reid, Rubin, Braiman NAYES : 0 - None ABSENT: 2 - Kahn Hendricks PASSED: November 7 1994. APPROVED: November 7 1994. PUBLISHED: November 8 1994. ATTEST: V lage Clerk '.'i.'1 VILLAGE OF BUFFALO GROVE �y 7 ORDINANCE N0. _ ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROV p� THIS DAY OF Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buff al Grove, Cook & Lake Counties, Illinois, this day of 22�'-fl 199V. Village C erk BY Deputy Village Clerk 11/7/94 ORDINANCE NO. 94- 76 AN ORDINANCE AMENDING CHAPTER 9.48 OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove find that graffiti is inconsistent with the Village's property maintenance goals, crime prevention programs and aesthetic standards, and that graffiti must be rapidly abated so as to avoid detrimental impacts on public health, safety and welfare of the citizens of the Village of Buffalo Grove and to prevent the further spread of graffiti. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. Chapter 9.48 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: Chapter 9.48 TRESPASSES AND DAMAGE TO PROPERTY 9.48.010 Definitions. For the purposes of this Chapter, the following definitions shall apply: A. "Graffiti" means any and every name, identifica- tion, description, announcement, declaration, demonstration, display, illustration or insignia, any symbol (including any letter, word, numeral, emblem, or combination thereof), other than advertising which is otherwise provided for by Village ordinances, which without authorization is marked, written, drawn, painted, scratched, inscribed or affixed directly to or upon any object or structure. B. "Legal guardian" includes a person appointed guard- ian or given custody of a minor by any court of record, but does not include a person appointed or given custody of a minor under the Illinois Juvenile Court Act. C. "Minor" means a person who has attained eleven (11) years of age, but who has not yet reached eighteen (18) years of age. D. "Parent" means the lawful mother or father of an unemancipated minor, whether by birth or adoption. E. "Person" includes any individual, firm, partner- ship, association, corporation, company or organization of any kind. F. "Property" includes any real estate, including im- provements thereon, and tangible property. 9.48.020 General prohibition -- trespass. It is unlawful for any person to commit a trespass within the Village upon either public or private property including but not limited to: A. An entry upon the premises, other than a residence or any part thereof, of another, including any public prop- erty after receiving, prior to such entry, notice from the owner or occupant that such entry is forbidden; or B. Knowingly and without authority enter or remain within any residence. C. A failure or refusal to depart from the premises of another in case of being requested, either orally or in writing, to leave by any owner or occupant thereof. D. Knowingly and without authority enter into or obtain control over any motor vehicle, bicycle, aircraft or watercraft or any part thereof, of another person without consent. 9.48.030 Damage to Property. No person shall: A. knowingly damage any property of another without his consent; or B. recklessly by means of fire or explosive damage property of another; or C. knowingly start a fire on the land of another without his consent; or -2- D. knowingly injure a domestic animal of another without his consent; or E. knowingly deposit on the land or in the building of another, without his consent, any stink bomb or any offen- sive smelling compound and thereby intend to interfere with the use by another of the land or building; or F. knowingly shoot a firearm at any portion of a rail- road train; or G. knowingly damage the property of another without his consent by defacing, deforming or otherwise damaging such property by the use of paint or any other similar substance. 9.48.040 Graffiti -- Unlawful Placement. It shall be unlaw- ful for any person to place graffiti upon any public or private curbstone, flagstone, or any portion or any part of any sidewalk or street or upon any tree, lamp post, utility pole, postal mail receptacle, sign, hydrant, gate, fence, door, wall, window, garage, enclosure, vehicle, bridge, or any other public or private structure, building or property. 9.48.050 Graffiti Removal. A. Upon written notification by the Village, the owner or occupant of property upon which graffiti has been ille- gally placed shall remove the graffiti within ten (10) calendar days from the date of the notice. B. The Village may remove graffiti from the exterior of private property if owners or occupants inform the Vil- lage of the presence of such graffiti and of their inability to remove it. Owners or occupants must sign a statement authorizing removal by the Village and must sign a release holding the Village harmless from any claims or suits brought for damages pursuant to any adverse or injurious effects of such chemicals or from the actions taken by the Village or its employees to remove the graffiti within the time specified or they shall be subject to the penalties listed in this Chapter. C. An extension of the time in which graffiti must be removed may be granted by the Village upon application of the property owner or occupant to the police department and a showing of cause. Cause shall include, but not be limited to, weather, temperature, availability of chemicals, or physical limitations. -3- D. The Village Manager shall have the authority to declare graffiti a nuisance and direct its immediate abate- ment. 9.48.060 Parental Responsibility. A. The parent or legal guardian of a minor who resides with such parent or legal guardian is liable for actual damages for the wilful or malicious acts of such minor which cause injury to a person or property. The minor shall be deemed to have committed the offense with the knowledge, consent, acquiescence and permission of the parent or legal guardian in violation of this Chapter. The parent or legal guardian shall be liable for the fine and requirement of restitution or reparation imposed by a court upon minor defendant for violation of this Chapter. B. The sanctions of this Chapter shall apply after said parent or legal guardian have received a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service with a certificate of person service returned, from the police department prior to the institution of any judicial sanction or penalty; in any action brought pursuant to the provisions of this Chap- ter, the parent or legal guardian shall be made a party defendant. 9.48.070 Penalties. A. A person that is found guilty of violating any provision of this Chapter, shall be obligated to pay such restitution or reparation as a court may require in the amount of actual loss or damage to property or pecuniary loss but not to exceed one thousand dollars ($1,000.00). Nothing in this subsection shall preclude such additional civil remedies as are available to a complaining party for any sum not recovered under this section. B. In addition or in lieu or such restitution or reparation as hereinabove provided, a fine of not to exceed one thousand dollars ($1,000.00) for each such offense. Said fine may be imposed upon the parent or legal guardian as herein provided. C. A person found to be in violation of this Chapter, by failing to remove graffiti, shall be subject to a fine not to exceed one thousand dollars ($1,000.00) for each offense. Everyday the graffiti remains in violation of this Chapter shall constitute a separate offense. -4- Section 2. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 4 - Marienthal, Reid, Rubin, Braiman NAYE S : 0 - ABSENT: 2 - Kahn, Hendricks PASSED: November 7 , 1994. APPROVED: November 7 , 1994. PUBLISHED: November 8 , 1994. ATTEST: . ��.u� -vile V� lage Clerk APPROVED Village President -5-