CODE OF ORDINANCES CITY OF EAST PEORIA, ILLINOIS

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Adopted: November 11, 1975
Effective: December 1, 1975

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Published in 1994 by Order of the City Council

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OFFICIALS
of the
CITY OF
EAST PEORIA, ILLINOIS

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David W. Mingus
Mayor

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Gary R. Densberger
John P. Kahl
Daniel S. Decker
Timothy J. Jeffers
Commissioners

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Jeffery M. Becker
Director of Finance/Treasurer

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Morgan R. Cadwalader
City Clerk

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Dennis R. Triggs
City Attorney

PREFACE

This Code constitutes a complete reproduction of the ordinances of the City of East Peoria, Illinois, of a general and permanent nature.

Source materials used in the preparation of the Code were the 1975 Code, as supplemented through July 7, 1994 and ordinances subsequently adopted by the City Council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1975 Code, as supplemented, and any subsequent ordinance included herein.

The various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Numbering System

Each section number consists of three parts. The first figure refers to the title number, the second figure refers to the chapter number, and the last figure refers to the position of the section within the chapter. Thus, the second section of Title 1, Chapter 1, is numbered 1-1-2, and the first section of Title 4, Chapter 3, is numbered 4-3-1. Under this system, each section is identified with its title and chapter, and at the same time new sections or even whole chapters can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 3-1-1 and 3-1-2 is desired to be added, such new section would be numbered 3-1-1.5. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12.5. New articles and new divisions may also be included using the decimal system, or new divisions or articles may be placed at the end of the title or chapter embracing the subject, with the next successive number being assigned to the new article or division.

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the administrative supervision of Starlett Lovel and the editorial direction of Winnie Miles, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

	MUNICIPAL CODE CORPORATION
	Tallahassee, Florida

 

ADOPTING ORDINANCE

ORDINANCE NO. 1220

An Ordinance Adopting The East Peoria City Code, 1975.

Be It Ordained By The City Council Of The City Of East Peoria, Illinois:

Section 1. Section 1-1 of the East Peoria City Code, 1970, be and the same is hereby repealed, and in place thereof the following is substituted:

Section 1-1-1: How Code Designated and Cited: The ordinances embraced in this and the following chapters and sections shall constitute and be designated the Code of the City of East Peoria, Illinois, 1975, and may be so cited. Such ordinances may also be cited as the East Peoria City Code, 1975.

Section 2. That this code of ordinances shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the city council prior to the adoption of this code, except such as by reference thereto are expressly saved from repeal or continued in force and effect for any purpose.

Section 3. That all provisions of this code shall be in full force and effect on and after the 1st day of December, 1975, and all ordinances of a general and permanent nature in force on the 30th day of November, 1975, and not contained in this code are hereby repealed from and after the 18th day of November, 1975, except as hereinafter provided.

Section 4. That the repeal provided for in the preceding section of this ordinance shall not affect any tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary increases; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; or ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the city; ordinances regulating parking of vehicles; designating no parking or limited parking areas; time limit parking; bus and cab stands; parking meter zones and parking meter fees; ordinances relating to electrical regulations, plumbing regulations, heating and air conditioning regulations, elevators, escalators, dumbwaiters, signs, billboards, fire limits, and building board of appeals; and all special ordinances.

Section 5. That the repeal provided for in the preceding Section 2 of this ordinance shall not affect the following-numbered ordinances: Ordinance No. 1157, Ordinance No. 1181, Ordinance No. 1189, Ordinance No. 1192, Ordinance No. 1193, Ordinance No. 1194, Ordinance No. 1195, Ordinance No. 1198, Ordinance No. 1199, Ordinance No. 1203, Ordinance No. 1209, Ordinance No. 1214, Ordinance No. 1215, Ordinance No. 1216, and Ordinance No. 1217; these ordinances shall be considered as being incorporated herein as part of this East Peoria City Code, 1975.

Section 6. Section 1-10-12(C) be and the same is hereby repealed, and in place thereof the following is substituted:

(C) The established period for determining vacation credit will be from May 1 through April 30 of the following year. If an employee begins employment prior to the 15th of the month, he will be given vacation credit for the full month. Those employees who have not earned a vacation credit entitling them to two (2) weeks vacation may be allowed two (2) weeks vacation by the director of the department, but they will be compensated only for the vacation credit earned in accordance with the provisions of this section.

Section 7. Section 1-10-15 be and the same is hereby repealed, and in place thereof the following is substituted:

Section 1-10-15. Sick Leave; Period For Determining: The established period for determining sick leave credit will be from May 1 through April 30 of the following year.

Section 8. Section 2-6-10 be and the same is hereby repealed, and in place thereof the following is substituted:

Section 2-6-10. Prior Plans, Maps, Records And Actions: The provisions of this chapter shall not affect the validity of the official comprehensive plan of the city and all amendments thereto in the official map. All official acts of the East Peoria Planning Commission including the adoption of the official comprehensive plan and official map of the city, are hereby validated and declared continuing, and the records of such East Peoria Planning Commission shall be retained in the continuing part of the records and rules of the East Peoria Planning Commission hereby established unless later changed, altered, or amended.

Section 9. Section 2-16-8 be and the same is hereby repealed, and in place thereof the following is substituted:

Section 2-16-8. Summary Report: In December of each year, the East Peoria Youth Council shall prepare and submit to the mayor and city council of the city a summary report of its activities, operations, studies and meetings held and attendance at said meetings during the preceding fiscal year, along with a statement of projected plans for the subsequent fiscal year. The council shall keep a written record of its proceedings which shall be kept by the East Peoria City Clerk and which shall be available for public inspection.

Section 10. Section 3-3-1.1(J) be and the same is hereby repealed, and in place thereof the following is substituted:

(J) Licensed premises means the premises described in the application for a license, or in the license as issued, as the place where the business is to be, or is carried on.

Section 11. Section 3-16-32 be and the same is hereby repealed, and in place thereof the following is substituted:

Section 3-16-32. Restrictions As To Location:

(A)

It shall be unlawful for any person to maintain a mobile home in the City of East Peoria outside of a mobile home park which is duly licensed hereunder, except as herein specifically permitted.

(B)

The placing of one mobile home in an M-1 of M-2 manufacturing district may be permitted provided that its use is for office or sleeping quarters that may be required by a firm or corporation for full-time servicing or maintenance requirements. (No mobile home may be parked in front of said manufacturing plant's main office and must be parked to the rear or side so as not to be conspicuous from the frontage street.)

(C)

It shall be the duty of either the owner of the mobile home or the owner of the lot to pay to the Clerk of the City of East Peoria a license fee of $100.00 for each permit for each mobile home located outside of a dealer-licensed mobile home park for the first year and a fee of $50.00 for each year thereafter.

(D)

A mobile home placed upon a private lot in accordance with this ordinance shall be connected to the city sanitary sewer whenever the same is available or when said sewer is not accessible, then the same shall be connected with the proper septic tank or cesspool; and said mobile homes shall be connected with electricity and shall have a fuse box concealed from the weather.

(E)

A vehicle having over 750 square feet of floor space shall not be considered a mobile home for the purpose of this ordinance, but must comply with the building, electrical, plumbing, and housing ordinances of the City of East Peoria.

Section 12. Section 3-19-45 be and the same is hereby repealed, and in place thereof the following is substituted:

Section 3-19-45. Taxicab Stands; Permit Required, Fee: It shall be unlawful for any person to maintain a taxicab stand upon any street, alley, public way or other public place within the city without having first obtained specific authority for by ordinance passed by the city council; and every person so authorized shall, upon presentation of written evidence thereof, and payment to the city clerk of a fee of $50.00 be issued a permit to maintain such taxicab stand in a location specified during the fiscal year of the city.

Section 13. Section 3-24-1.1(B) be and the same is hereby repealed, and in place thereof the following is substituted:

(B) Whenever any such handbill of any kind or any advertising shall be found pasted, etc., in violation of the provisions of this section by any person, the finding of such handbill or advertisement shall be prima facie evidence that it was pasted, etc., in violation of this section by such person.

Section 14. Section 4-1-8.11 be and the same is hereby repealed and in place thereof the following is substituted:

Section 4-1-8.11. Excavations: All excavations for buildings and structures shall be protected and guarded against danger of injury or death to the public by barricades and lighted where the public is normally nearby. Permanent excavations shall have retaining walls of masonry or concrete of sufficient strength to retain the embankment together with all necessary loads. All excavations made below grade shall be protected so that soil of the adjoining property may not cave or settle. Adequate drainage shall be provided at the building site. To allow for proper inspection of footings, foundations, and the waterproofing thereof, all excavations shall extend at least one foot beyond the exterior of foundation walls.

Section 15. Section 4-10-2 be and the same is hereby repealed, and in place thereof the following is substituted:

Section 4-10-2. Membership And Terms Of The Building Board Of Appeals: The board shall consist of seven (7) members appointed by the Mayor of the City of East Peoria with the consent of the city council. The chairman of the board shall be elected by a majority of the members of the board for a term of five (5) years from May 1 through April 30. The first and original members shall be appointed to the following terms: Two (2) shall be appointed for one year; two (2) shall be appointed for two years; and three (3) shall be appointed for three years. Thereafter each member shall be appointed for a term of five (5) years. Terms shall run from May 1 through April 30.

Board membership shall include a fair cross section of the community. Appointments will be made of citizens of the community who would have the expertise upon which to base decisions relative to the building code (including Chapter 5 "plumbing regulations" and Chapter 6 "electrical regulations" of this title.) The director of city inspections will act as ex officio member of the board and shall act as secretary of the board.

In addition, special efforts will be made to include, as members of the board, constituents such as those who are poor, a member of a minority group, a member of the city's land use, codes and ordinance committee or a member of the city's planning commission.

Section 16. Section 5-2-3 No. 49 be and the same is hereby repealed, and in place thereof the following is substituted:

Lot Line, Rear: Means the lot line opposite the front lot line. Lot lines other than the front or rear lot lines are side lot lines.

Section 17. Section 5-7-3(F)1. be and the same is hereby repealed, and in place thereof the following is substituted:

1. Parking Space; Description. A required off-street parking space shall be an area of not less then 171 square feet, exclusive of access drives or aisles, ramps, columns, or office and work areas, accessible from streets or alleys or from private driveways or aisles leading to streets or alleys and to be used for the storage or parking of passenger automobiles or commercial vehicles under one and one-half (1½) ton capacity. Aisles between vehicular parking spaces shall be not less than 12 feet in width when automobiles park at a 45° angle in one direction nor less than 20 feet in width when automobiles park perpendicular to the aisles and accommodating two-way traffic.

Section 18. Section 5-8-4(F) be and the same is hereby repealed, and in place thereof the following is substituted:

Dwelling Standards. Every one-story dwelling hereinafter erected in any "R-2" one-family district shall have a total ground floor area of not less than 1,000 square feet. Every dwelling of more than one story hereinafter erected in any "R-2" district shall have a total floor area of not less than 1,400 square feet. Any split-level dwelling or any dwelling utilizing a portion of a basement as finished living area must meet the dwelling standards set forth for two-story structures.

Section 19. Section 6-3-3(D)2. be and the same is hereby repealed, and in place thereof the following is substituted:

All streets shall be improved with pavements in overall width in accordance with the minimum dimensions set forth in section 6-3-2(B)1.(b).

Section 20. Section 10-1-4.2(C) be and the same is hereby repealed.

Section 21. Section 10-1-6.12(A) be and the same is hereby repealed, and in place thereof the following is substituted:

(A) Except for those games of chance authorized by the State of Illinois, it shall be unlawful for any person to gamble within the city.

Section 22. Section 10-1-7.8(D) be and the same is hereby repealed, and in place thereof the following is substituted:

(D) Such certificate of registration or a certified copy thereof, shall be displayed by any persons soliciting under authority thereof upon demand of any police officer or any persons so solicited.

Section 23. Section 11-1-2 No. 30 be and the same is hereby repealed, and in place thereof the following is substituted:

Public Building means a building used by any government agency.

Section 24. This ordinance shall go into effect ten (10) days after publication of such code as authorized by the Illinois Revised Statutes of 1973, Chapter 24, Section 1-2-4.

Section 25. This ordinance shall be in full force and effect from and after its passage, signing and approval, recording and publication as provided by law.

Passed By The City Council Of The City Of East Peoria, Illinois, This 11th day Of November, 1975.

APPROVED: ;sigr; Calvin Cummins/Mayor\ 

ATTEST: ;sigl; Robert L. Arnold/City Clerk\ 

EXAMINED AND APPROVED:

§ Carl F. Reardon/Corporation Counsel

READOPTING ORDINANCE

ORDINANCE NO. 2789

An Ordinance Readopting the East Peoria City Code of 1975 as reprinted and reformatted by Municipal Code Corporation of Tallahassee, Florida

Whereas, on November 11, 1975, the East Peoria City Council enacted Ordinance No. 1220 which adopted the "Code of the City of East Peoria, Illinois, 1975" (hereinafter the "City Code"); and

Whereas, the City Code was originally printed and formatted by Sterling Codifiers, Inc. of Weiser, Idaho; and

Whereas, in an effort to reduce costs and to increase the ease with which amendments to the City Code may be drafted and incorporated into the printed version of the City Code, the City Council heretofore contracted with Municipal Code Corporation of Tallahassee, Florida to reprint the City Code; and

Whereas, while reprinting City Code, Municipal Code Corporation made certain non-substantive changes to the format to the City Code; and

Whereas, in order to eliminate any potential questions concerning the validity of the City Code as reprinted and reformatted by Municipal Code Corporation, it is in the best interests of the City of East Peoria that the City Code as so reprinted and reformatted be adopted and approved by the City Council.

Now, therefore, be it ordained by the Council of the City of East Peoria, Tazewell County, Illinois, that:

Section 1. The Code of the City of East Peoria, Illinois, 1975 as from time to time amended since its adoption on November 11, 1975 and as reprinted and reformatted by Municipal Code Corporation of Tallahassee, Florida is hereby readopted and reapproved. With the addition of amendments to the City Code enacted subsequent to July 7, 1994 as described in Section 2 of this Ordinance, the version of the City Code as reprinted and reformatted by Municipal Code Corporation shall be treated and considered as the general comprehensive ordinance of the City and shall supersede all other general and permanent ordinances passed by the City Council prior to the effective date of this Ordinance.

Section 2. All ordinances amending the City Code which were enacted subsequent to July 7, 1994 (through which date all ordinances amending the City Code were included in the version reprinted and reformatted by Municipal Code Corporation) are likewise reapproved and any version of amendatory ordinances enacted subsequent to July 7, 1994 as now or hereafter reprinted and reformatted by Municipal Code Corporation are also hereby readopted and reapproved.

Section 3. This Ordinance is hereby ordered to be published in pamphlet form by the East Peoria City Clerk and said Clerk is ordered to keep at least three (3) copies hereof available for public inspection in the future and in accordance with the Illinois Municipal Code.

Section 4. This Ordinance is in addition to all other ordinances on the subject and shall be construed therewith excepting as to that part in direct conflict with any other ordinance, and in the event of such conflict, the provisions hereof shall govern.

Section 5. This Ordinance shall be in full force and effect from and after its passage, approval and ten (10) day period of publication in the manner provided by law.

Passed by the Council of the City of East Peoria, Tazewell County, Illinois, in regular and public session this 17th day of January, 1995.

	APPROVED:
	/s/  _____ Jeffery Giebelhausen Mayor
ATTEST:
/s/  _____ Veona Dinkins City Clerk
EXAMINED AND APPROVED:
/s/  _____ Dennis R. Triggs Corporation Counsel