HomeMy WebLinkAboutORDINANCES-2018-152-O-1811 /29/2018
152-0-18
AN ORDINANCE
Amending Title 8, Chapter 6, "Food Service and Retail Food Store
Sanitation"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: Title 8; Chapter 6, "Food Service and Retail Food Store
Sanitation" of the Evanston City Code of 2012, as amended, is hereby further amended
to read as follows:
CHAPTER 6 - FOOD SERVICE AND RETAIL FOOD STORE SANITATION
8-6-1. - ADOPTION BY REFERENCE.
(A) Pursuant to the authority granted by 65 ILCS 5/1-3-4 and pursuant to its home
rule powers, the City hereby adopts by reference and incorporates herein the
following:
1. The 2017 and all subsequent editions or amendments to the U.S. Food
and Drug Administration Code mandated by the Illinois Department of
Public Health which sets standards for the prevention of food borne
illnesses in public eating establishments.
(B) All references in the U.S. Food and Drug Administration Code and in this Chapter
to any "regulatory authority" shall be read as "Public Health Director and/or his or
her designee." Any reference to "Municipality" or "City" shall mean the City of
Evanston.
8-6-2. - DEFINITIONS.
As amendments to the state rules and regulations the following definitions are in
addition to those definitions enumerated in Section 1-201.10 of the U.S. Food and Drug
Administration Code.
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ADULTERATED. As defined in the Federal Food, Drug and Cosmetics Act §42.
Code of Federal Regulations. Citations in this Code to the CFR
CFR. refer sequentially to the Title, Part, and Section numbers, such as
40 CFR 180.194 refers to Title 40, Part 180, Section 194.
An operation that stores, prepares, packages, serves, vends or
otherwise provides food for human consumption such as a
restaurant; satellite or catered feeding location; catering operation
if the operation provides food directly to a consumer or to a
FOOD conveyance used to transport people; market; vending location;
ESTABLISHMENT. conveyance used to transport people; institution; or food bank;
and that relinquishes possession of food to a consumer directly,
or indirectly through a delivery service such as home delivery of
grocery orders or restaurant takeout orders, or delivery service
that is provided by common carriers.
(A) A food establishment includes:
1. An element of the operation such as a transportation vehicle
or a central preparation facility that supplies a satellite feeding
location; and
2. An operation that is conducted in a mobile, stationary,
temporary, or permanent facility or location; where consumption is
on or off the premises; and regardless of whether there is a
charge for the food.
(B) A food establishment does not include:
1. An establishment that offers only prepackaged foods that are
not time/temperature control for safety foods.
2. A produce stand that offers only whole, uncut fresh fruits and
vegetables;
3. A food processing plant;
4. A kitchen in a private home if only food that is not potentially
hazardous is prepared for sale or service at a function such as a
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religious or charitable organization's bake sale if the consumer is
informed by a clearly visible placard at the sale or service location
that the food is prepared in a kitchen that is not subject to
regulation and inspection by the public health director;
5. An area where food that is prepared in Subsection (B)4 of
this definition is sold or offered for human consumption;
6. A kitchen in a private home, such as a small family daycare
provider; or a bed and breakfast operation that prepares and
offers food to guests if the home is owner occupied, the number
of available guest bedrooms does not exceed six (6), breakfast is
the only meal offered, the number of guests served does not
exceed eighteen (18), and the consumer is informed by
statements contained in published advertisements, mailed
brochures, and placards posted at the registration area stating the
food is prepared in a kitchen that is not regulated and inspected
by the public health inspector; or
7. A private residential structure not open the public that
receives catered or home delivered food or is leased to more than
one (1) person and contains a communal kitchen used by the
lessees and guests of the lessees.
(C) Category I Facility: A food establishment that presents a high
relative risk of causing food borne outbreaks and/or the type of
population served by the facility. Category I facilities include those
where the following operations occur:
1. Cooling of time/temperature control for safety foods as part
of the food handling operation at the facility;
2. Time/temperature control for safety foods that are prepared
hot or cold and held hot or cold for more than twelve (12) hours
before serving;
3. Time/temperature control for safety foods cooked and cooled
food that must be reheated;
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4. Time/temperature control for safety foods that are prepared
for off premises service for which time -temperature requirements
f,
during transportation, holding and service are relevant;
3
5. Complex preparation of food or extensive handling of raw
;ingredients with hand contact for ready to eat foods that occurs as
part of the food handling operations at the facility;
6. Vacuum packaging and/or other forms of reduced oxygen
packaging are performed at the retail level; or
i
7. Where immunocompromised individuals (the elderly, children
under age four (4), or pregnant women) comprise the majority of
the consuming population.
(D) Category II Facility: A food establishment that presents a
medium relative risk of causing food borne illness based upon a
few food handling operations typically implicated in food borne
illness outbreaks. Category II facilities include those where the
following operations occur:
j
1. Hot or cold foods are held at required temperatures for no
more than twelve (12) hours and are restricted to same day
service;
2. Food prepared from raw ingredients that requires only
minimal assembly; or
I
3. Food that requires complex preparation (fresh, canned or
frozen) is obtained from approved food processing plants,
category I food establishments or retail food stores.
i
(E) Category III Facility: A food establishment that presents a low
relative risk of causing food borne illness based upon few or no
food handling operations typically implicated in food borne illness
outbreaks. Category III facilities include those where the following
operations occur:
1. Only prepackaged foods are available or served in the facility
and any time/temperature control for safety foods are
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commercially prepackaged in an approved processing plant;
j 2. Only limited preparation of non -potentially hazardous foods
and beverages (snack foods and carbonated beverages) occurs
I at the facility; or
_.._.......... ._......
3. Only beverages (alcoholic or nonalcoholic) are served at the
facility.
PERSON. An individual, or a firm, partnership, company, corporation,
trustee, association, or public or private entity.
(1) A provision in this Code whose application contributes directly
to the elimination, prevention or reduction to an acceptable level,
hazards associated with foodborne illness or injury and there is
no other provision that more directly controls the hazard.
PRIORITY ITEM (2) Includes items with a quantifiable measure to show control of
hazards such as cooking, reheating, cooling, handwashing; and
P
(3) An item that is denoted in this Code with a superscript P- .
(1) A provision in this Code whose application supports,
:facilitates or enables one or more Priority Items.
(2) Includes an item that requires the purposeful
incorporation of specific actions, equipment or procedures
PRIORITY by industry management to attain control of risk factors that
FOUNDATION ! contribute to foodborne illness or injury such as personnel
ITEM: training, infrastructure or necessary equipment, HACCP
plans, documentation or record keeping, and labeling; and
(3) An item that is denoted in this Code with a superscript Pf
-Pf.
..................... ....... ..._._......... ............... .... ............. _...................
A food establishment which operates for no more than six (6)
SEASONAL FOOD months out of the calendar year. The menu of a seasonal food
ESTABLISHMENT. establishment will be limited based on the City of Evanston's
Department of Health review of the establishment and its
operations. All seasonal food establishments must be operated in
E
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SQUARE
FOOTAGE
TEMPORARY
FOOD
ESTABLISHMENT
TIME/TEMPATURE
CONTROL FOR
SAFTEY FOOD
(FORMERLY
"POTENTIALLY
HAZARDOUS
FOOD" (PHF)):
compliance with the Evanston retail food service code, and will be
charged according to the fee schedule set out in Section 8-6-7,
"License And Other Fees," of this Chapter.
The gross area of the entire food establishment premises,
including the food service, storage and preparation areas.
A food establishment that operates at a fixed location for a period
of time of not more than fourteen (14) consecutive days in
conjunction with a single event or celebration.
A food that requires time/temperature control for safety (TCS) to
limit pathogenic microorganism growth or toxin formation.
8-6-3. - LICENSE REQUIRED; APPLICATION.
(A) It shall be unlawful for any person to operate within the City a "food
establishment," as defined in this Chapter, without first having obtained a license
for that purpose.
(B) Any person desiring to operate a food establishment shall make written
application for such license to the Public Health Director. The application for such
license shall be on forms provided by the Public Health Director and shall
include:
The name, signature and address of each applicant; each corporate officer;
and the name, location and type of proposed food establishment.
2. The proposed scope of operations and a description of the premises where
such food operation is to be conducted.
(C) The licensee shall notify the health department in writing of any changes in the
license application information within thirty (30) days of such change.
(D) A valid license to operate a food establishment shall be posted at all times so as
to be clearly visible to all patrons.
(E) It shall be unlawful to transfer any such license from one person to another.
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8-6-4. - ISSUANCE OF LICENSE.
(A) Prior to issuance of a license, the Public Health Director shall cause to be made
an inspection of the premises described in such application to determine whether
said premises is in compliance with the requirements of this Chapter.
(B) Prior to issuance of a license, the Director of Community and Economic
Development shall cause an inspection to be made to ascertain that the
premises may be used for the purpose in conformity with the zoning regulations
and other ordinances of the City applicable thereto.
(C) Prior to issuance of a license, the Fire Chief shall cause an inspection to be made
to ascertain that the premises conforms with the requirements of the municipal
codes and ordinances for fire and life safety.
(D) The Public Health Director may issue a license to operate a food establishment if
the proposed food establishment complies with the requirements of this Chapter
and all other applicable ordinances.
(E) The Public Health Director may deny a license to operate a food establishment if
the proposed food establishment fails to comply with the requirements of this
Chapter and all other applicable ordinances.
The Public Health Director may deny a license based on:
a. Consistent documented poor performance on routine sanitation
inspections;
b. Persistent sanitation complaints and/or illness outbreaks linked to
the establishment; or
C. Violations of other applicable codes that negatively affect the health
and welfare of Evanston residents.
8-6-5. - TRANSFER OF OWNERSHIP.
Whenever ownership of a food establishment is to be transferred from the licensee
named in the license to a new owner who is applying for a license:
(A) The transferee must obtain a new license. The transferee shall notify the
Evanston health department in writing of the transfer and apply for a new license
at least thirty (30) days prior to final transfer.
(B) The transferor shall notify the department in writing at least thirty (30) days prior
to final transfer. The transferor shall remain responsible for the operation of the
food establishment until such time as a license is issued to the transferee.
(C) The transferor and transferee shall remain jointly and severally liable for all
penalties, except monetary fines, assessed against the food establishment which
were imposed for violations occurring prior to transfer of ownership. The
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transferor shall remain liable for all monetary penalties imposed on the food
establishment prior to transfer of ownership.
8-6-6. - TERM OF LICENSES; RENEWAL.
All licenses provided in this Chapter shall expire on December 31 following the date of
issuance. Failure to comply with all the provisions of this Chapter shall constitute
grounds for nonrenewal.
8-6-7. - LICENSE AND OTHER FEES.
(A) License Fees.
1. Category I food establishment:
a. Less than 5,000 square footage
b. 5,000 square footage or more
I i
t
$538.00 per
year
1,194.00 per
year !
2. Category II food establishment 418.00 per
year
3. Category III food establishment
4. Homeless shelters
5. Soup kitchens
6. Women's shelter
7. Daycare centers:
a. Category I food establishments
239.00 per
year
58.00 per year
58.00 per year
158.00 per year!
.... _......... .. __.._......._........_....... _......
__....
E
i
E
144.00 per
year
b. Category II food establishments 104.00 per
year
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c. Category III food establishments
8. Temporary food establishments (other than those licensed in
Subsections (A)1 through (A)3 of this Section)
158.00 per year,
100.00 per
event
f
.. .. _. . ............ .... ... .. ,,.,,
9. Beverage dispensing vending machines
57.00 per
machine
10. Concession/snack dispensing vending machines 57.00 per
machine
11. Food dispensing vending machines 57.00 per
machine
f
E
12. Seasonal food establishments 225.00 per
season
(B) Other Fees. Plan review per Section 8-6-18 of this Chapter, three hundred fifty
seven dollars ($357.00).
(C) Proration Of Fees. The fee to be paid for any license which shall expire less than
six (6) months from the date such license was required to be issued shall be one-
half (Y2) the annual fee provided by this Section.
(D) Late Payment Penalty. Failure to pay the annual renewal fee on any business
license within six (6) weeks of license expiration shall result in an additional late
charge of thirty percent (30%).
(E) Re -inspection Fees. A one hundred dollars ($100.00) re -inspection fee shall be
assessed to the licensee of any establishment for each re -inspection conducted
by the Public Health Director or his/her designee to address a violation(s) not
corrected on the first re -inspection.
(F) Increases. All fees will be increased annually based on the Cook County
consumer price index. The fee schedule for each year will be available from the
Public Health Director or his/her designee on or before December 1 of the year
prior to it becoming effective.
(G) Exempt From License Fees.
1. Licensed long term care facilities;
2. Licensed child residential care homes;
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3. Licensed child daycare homes.
8-6-8. - SUSPENSION OF LICENSE.
(A) The Public Health Director or his/her designee may, upon written notice, without
prior warning, notice, or hearing, suspend any license to operate a food
establishment if the holder of the license does not comply with the requirements
of this Chapter, or if operation of the establishment otherwise constitutes a
substantial hazard to the public health. When a license is suspended, food
service operations shall immediately cease.
(B) Whenever a license to operate a food establishment is suspended, the holder of
the license to operate the food establishment, or the person in charge, shall be
notified in writing that the license to operate the food establishment is, upon
service of the notice, immediately suspended and that an opportunity for a
hearing will be provided if a written request for a hearing is filed with the City
Manager or his/her designee by the holder of the license within ten (10) days. If a
written request is filed within ten (10) days„ an opportunity for a hearing with the —
Public Health Director or his/her designee shall be afforded within twenty (20)
days of receipt of the request. If no written request for a hearing is filed within ten
(10) days, the suspension is sustained. -Public Health Director or his/her
designee shall end the suspension if the reasons for the suspension no longer
exist.
8-6-9. - REVOCATION OF LICENSE.
(A) The -Public Health Director or his/her designee may, after providing opportunity
for a hearing, revoke a license for:
Serious violations of this Chapter or State of Illinois or federal law; or
2. Repeated violations of this Chapter found in consecutive inspections; or
3. Interference with the City Manager or his/her designee in the performance
of his/her duty to enforce or administer this Chapter.
(B) Before revocation, -Public Health Director or his/her designee shall notify the
holder of the license to operate the food establishment, or the person in charge,
in writing, of the reasons for which such, license is subject to revocation. The
license to operate the food establishment shall be revoked at the end of the five
(5) days following service of such notice unless a written request for a hearing is
filed with the -Public Health Director or his/her designee by the holder of the
license within such five (5) day period. If no request for hearing is filed within the
five (5) day period, the revocation of the license to operate the food
establishment becomes final.
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8-6-10. - SERVICE OF NOTICE.
A notice provided for in this Chapter is properly served when it is delivered to the holder
of the license to operate the food establishment, or when it is delivered to the person in
charge, or when it is sent by registered or certified mail, return receipt requested, to the
last known address of the holder of such license to operate a food establishment. A
copy of the notice shall be filed in the records of the -Public Health Manager or his/her
designee.
8-6-11. - HEARINGS.
As provided in Sections 8-6-8 and 8-6-9 of this Chapter, a hearing shall be conducted
by the City Manager or his/her designee affording the licensee an opportunity to appear
and defend against the charges. The -Public Health Director or his/her designee shall
make a final decision in writing, including the reasons for such decision, and shall serve
said decision on the licensee within ten (10) days after conclusion of the hearing. At all
times, it shall be the licensee's burden to show cause why any license should not be
revoked.
8-6-12. - APPLICATION FOR LICENSE AFTER REVOCATION.
Whenever a revocation of a license to operate a food establishment has become final,
the holder of such revoked license may make written application for a new license to
operate a food establishment as provided in this Chapter.
8-6-13. - INSPECTION FREQUENCY.
The inspection frequency of a food establishment shall be determined by the category
of the food establishment.
8-6-14. - ACCESS.
(A) The Public Health Director or his/her designee, after proper identification, shall
be permitted to enter any food establishment at any reasonable time for the
purpose of making inspections to determine compliance with this Chapter.
(B) The Public Health Director or his/her designee shall be permitted to examine
records of the establishment, wherever maintained, to obtain information
pertaining to food and supplies purchased, received, or used. Denial of access
as herein provided shall be deemed an interference with the City Manager or
his/her designee in the performance of his/her duties, provided that the - Public
Health Director or his/her designee has presented proper identification, if
requested.
8-6-15. - REPORT OF INSPECTIONS.
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Whenever an inspection is made of a food establishment, the findings shall be recorded
in writing on an inspection report form provided for that purpose. The inspection report
shall state the specific violations found and establish a reasonable time period within
which such violations shall be corrected.
8-6-16. - CORRECTION OF VIOLATIONS.
(A) Correction of the reported violations shall be accomplished within the period
specified on the inspection report form in accordance with the following
provisions:
1. If the - Public Health Director or his/her designee determines that an
imminent health hazard exists including, but not limited to, those as may
be created by an extended loss of water supply, significant lack of
refrigeration, significant vermin infestation, an extended power outage, or
a sewage backup into the establishment, the establishment shall
immediately cease affected food establishment operations. Such
operations shall not be resumed until authorized by the City Manager or
his/her designee.
2. When priority items and priority foundation items, as defined in this
Chapter, are identified, corrective action shall be taken immediately. All
violations of priority and priority foundation items shall be corrected as
soon as possible, but in any_ event, not to exceed ten (10) days following
inspection.
3. Within fifteen (15) days after the inspection, the licensee shall submit a
written report to the -Public Health Director or his/her designee stating the
action taken to correct the priority and priority foundation items and
verifying that said violations have been corrected. Purchase orders of
work contracts with a work completion date satisfactory to the -Public
Health Director or his/her designee may be accepted as interim corrective
action. A follow-up inspection shall be conducted to confirm correction.
4. In the case of temporary food establishments, all violations shall be
corrected immediately. If these violations are not corrected, the
establishment shall immediately cease food operations until authorized to
resume by the - Public Health Director or his/her designee.
(B) Failure to comply with Subsections (A)1 through (A)4 of this Section shall result
in suspension of the license to operate the food establishment.
(C) Whenever a food establishment is required under any of the provisions of this
Chapter to suspend operations, it shall not resume operations until the
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establishment passes a re -inspection. Opportunity for re -inspection shall be
offered within a reasonable time.
8-6-17. - EXAMINATION AND CONDEMNATION OF FOOD.
Food may be examined or sampled by the -Public Health Director or his/her designee
as often as necessary for enforcement of this Chapter. The -Public Health Director or
his/her designee may, upon written notice to the owner or person in charge, specifying
with particularity the reasons therefor, place a hold order on any food which he/she
believes is improperly labeled or adulterated or is in violation of any other Section of this
Chapter. The -Public Health Director or his/her designee shall tag, label, or otherwise
identify any food subject to the hold order. No food subject to a hold order shall be used,
served, or moved from the establishment. The -Public Health Director or his/her
designee shall permit storage of the food under conditions specified in the hold order,
unless storage is not possible without risk to the public health, in which case immediate
destruction shall be ordered and accomplished. The hold order shall state that a request
for hearing may be filed per Section 8-6-11 of this Chapter. On the basis of the evidence
produced at that hearing, the hold order may be vacated, or the owner or person in
charge of the food may be directed by written order to denature or destroy such food or
to bring it into compliance with the provisions of this Chapter.
8-6-18. - SUBMISSION OF PLANS.
Before construction or major remodeling of a food establishment, and whenever an
existing structure is converted to use as a food establishment, properly prepared plans
and specifications for such construction, major remodeling, or conversion shall be
submitted to the -Public Health Director or his/her designee for review and approval.
The plans and specifications shall be drawn to scale and indicate the proposed layout,
arrangement, mechanical plans, construction materials of work areas, the type and
model of proposed fixed equipment and facilities. The -Public Health Director or his/her
designee shall approve the plans and specifications if they meet the requirements of
this Chapter. No food establishment shall be constructed, extensively remodeled, or
converted except in accordance with plans and specifications approved by the -Public
Health Director or his/her designee.
A fee shall be charged for food establishment plan examination as provided in Section
8-6-7 of this Chapter.
8-6-19. - PREOPERATIONAL INSPECTION.
Whenever plans and specifications are required by this Chapter, the -Public Health
Director or his/her designee shall inspect the food establishment prior to the start of
operations to determine compliance with the approved plans and specifications and with
the requirements of this Chapter.
8-6-20. - PROCEDURE WHEN INFECTION IS SUSPECTED.
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When the -Public Health Director or his/her designee has reasonable cause to suspect
possible disease transmission from any food establishment employee, he/she may
secure a morbidity history of the suspected employee, or make any other necessary
investigation and shall take appropriate action. The -Public Health Director or his/her
designee may require any or all of the following measures:
(A) The immediate exclusion of the employee from employment in food
establishments;
(B) The immediate closing of the food establishment concerned until, in the opinion
of the -Public Health Manager or his/her designee, no further danger of disease
outbreak exists;
(C) Restriction of the employee's services to some area of the establishment where
there could be no danger of transmitting disease;
(D) Adequate medical and laboratory examination of the employee, of other
employees, and of the body discharges of all employees.
8-6-21. - ADDITIONAL REGULATIONS.
(A) Refuse, Litter, And Debris.
1. Disposal Of Refuse, Litter And Debris. Each food establishment shall at
least once in each twenty four (24) hour period, dispose of all paper, cups,
plates, napkins, garbage and all other waste material accumulated upon
the premises. Disposal shall be to a lawful location. It shall also be the
duty of the owner, manager, or person in charge of said establishment to,
at all times, keep the premises indoors, the premises outdoors, and within
a two hundred fifty foot (250') radius of all property lines on which said
establishment is located, free from rubbish, litter, and other waste
materials and debris including food, beverages, napkins, straws,
containers, bags, utensils, cups, plates, cans and other waste materials
emanating from the establishment, its patrons, or from the outside waste
receptacles used by such food establishment, or from any other source.
Where the above two hundred fifty foot (250') radius encompasses private
property, permission to encroach on said private property shall be
obtained from the property owner.
2. Waste Receptacles And Required Signage For Type 2 Restaurants, As
Defined In This Code. A waste receptacle shall be placed at each
pedestrian exit from the restaurant building and each vehicular exit from
the restaurant parking area. Conspicuous signage complying with the sign
ordinance shall be posted within the building and at each waste receptacle
location required above describing the requirements and penalties of the
City ordinance applicable to litter.
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3. Type 2 Restaurant Collection Plan Posted. Each Type 2 restaurant shall
have its litter collection plan posted in conspicuous signage in its
employee and public areas.
(B) Operating Subject To Other Ordinances. Every owner, manager, or person in
charge of a food establishment shall be subject, in the operation of said
establishment, to any and all other applicable ordinances including, but not
limited to, zoning ordinance requirements and other requirements that may be
imposed by the City Council as a condition of special use approval.
(C) Unnecessary Noise. No patron of a food establishment or any other person, shall
make or cause to be made any loud or unnecessary noise or disturbance upon
said premises in violation of Section 9-5-20 of this Code. The licensee of the
restaurant shall be deemed responsible where repeated violations of Section 9-5-
20 of this Code occur on the premises or frequent complaints are made of such
violations, and the licensee has failed to make reasonable efforts to control the
noises and disturbances.
8-6-22. - PENALTIES AND REMEDIES.
(A) Any person who violates or fails to perform any duty imposed by this Chapter
shall be guilty of an offense punishable by a fine of not less than five hundred
dollars ($500.00). A separate offense shall be deemed committed for each day
that a violation continues.
(B) The City Manager or his/her designee may seek to enjoin violations of this
Chapter.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
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SECTION 4: Ordinance 152-0-18 shall be in full force and effect on
January 1, 2019, after its passage, approval, and publication in the manner
provided by law.
SECTION 5: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced: ��C2m �� , 2018
Adopted: OcjnUQf Y� , 2019
Attest:
Devon Reid, City Clerk
Approved:
� �
i Kury , 2019
LZ "-' 191ack
Stephen Ff. . Hage*, khy6fGf
Approved
% as to form:
Michelle L. Masoncup, Corporation
Counsel
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