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HomeMy WebLinkAboutORDINANCES-2012-139-O-12i Effective Date: February 16, 2013 12/18/2012 11 /29/2012 139-0-12 AN ORDINANCE Amending Title 7 of the City Code of Evanston Regarding the Protection of Public Art WHEREAS, the City of Evanston is a home -rule municipality pursuant to Article ViI of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970 states that, generally, "a home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power... to license"; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the "powers and functions of home rule units shall be construed liberally," was written "with the intention that home rule units be given the broadest powers possible" (Scadron v. City of Des Plaines, 153 111.2d 164); and WHEREAS, public art contributes to the beautification of the City; and WHEREAS, the City desires to protect public art as it is in the best interests of the citizens of Evanston. NOW, THEREFQRF,, .BE iT ORDAINED BY THE CITY COUNCIL OF is THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: 139-0-12 SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: Title 7, Chapter 16 of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: CHAPTER 16 — WORKS OF ART 7-16-8: PENALTY: (A) It shall be unlawful for any person to remove without authorization, deface, paint over, or otherwise damage any public art in the City. Any person who shall be found to have violated any of the provisions of this Chapter shall be guilty of an offense punishable as follows: 1. The fine for a first violation is two hundred dollars ($200.00). 2. The fine for a second violation is five hundred dollars ($500.00). 3. The fine for a third or subsequent violation is seven hundred fifty dollars ($750.00). • (B) The fines provided for herein shall not be construed as limiting the power of an • administrative hearing officer to impose other penalties and remedies as provided for by applicable legislation. In addition, to the fines specified above, any person found to have violated this Chapter shall pay for all costs to replace the public art. (C) Administration: The Director of Parks, Recreation and Community Development ("Director") or his/her designee is charged with the administration of this Subsection. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect after its passage, approval, and publication in the manner provided by law. SECTIONS: 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. • —2— 139-0-12 Introduced: ALL' ,ber /a , 2012 Adopted. , 2013 0 0 Approved: Cv , 2013 Eliz bath B. Tisdahl, Mayor Approved as to form: W. Gra4Farrar, Corporation Counsel -3-