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. •
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139-0-12
Introduced: ALL' ,ber /a , 2012
Adopted. , 2013
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Approved:
Cv , 2013
Eliz bath B. Tisdahl, Mayor
Approved as to form:
W. Gra4Farrar, Corporation Counsel
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