2012 Citizens' Law Guide

7/27/2019 2012 Citizens' Law Guide

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www.alliance1820.com

2012 Citizens Law Guide

City of East St. Louis


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Contents

Sec. 2-272. - Tax increment financing (T.I.F.) commission................................................................. 4

Sec. 2-273. - Tax increment financing (T.I.F.) joint review board....................................................... 4

Sec. 14-9. - Revocation of Business Licenses and Permits................................................................ 5

Sec. 50-72. - Offensive premises. ........................................................................................................... 5

Sec. 50-112. Grass Height limit. ........................................................................................................... 5

Sec. 50-113. - Failure of owner, controller or occupier to cut or clear weeds after notice. ........ 5

Sec. 50-114. - Notice for demand of payment for city's costs in cutting and clearing. ................ 5

Sec. 50-115. - Lien for costs and expenses....................................................................................... 6

Sec. 50-116. - Payment by owner; nonpayment. .............................................................................. 6

Sec. 62-1. - Health department established........................................................................................... 6

Sec. 62-2. - Abatement or removal of nuisances; regulations for prevention of disease. .......... 6

Sec. 66-31. Civil Rights Commission: Created; membership; appointment of members; vote of

chairman. ..................................................................................................................................................... 7

Sec. 66-132. - Contract compliance committee. ............................................................................... 7

Sec. 70-4. - Duty of bystanders to render aid. ....................................................................................... 9

Sec. 70-115. - Monthly report to city council.......................................................................................... 9

Sec. 70-116. - Annual reports. ................................................................................................................. 9

Sec. 70-118. - Execution of orders of department of regulatory affairs. .......................................... 10

Sec. 70-151. Auxiliary Police Officers: Qualifications; number...................................................... 10

Sec. 70-152. - Power and authority....................................................................................................... 10

Sec. 70-153. - Direction of performance of duties. ......................................................................... 11

Sec. 70-154. - Carrying firearms........................................................................................................ 11

Sec. 70-155. - Revocation of appointment. ...................................................................................... 11

Sec. 70-194. - Publication of Notice to Dispose of Seized Property. ............................................... 11

Sec. 82-191. Curfew Definitions. ........................................................................................................ 12

Sec. 82-192. - Established.................................................................................................................. 12

Sec. 82-193. - Exceptions................................................................................................................... 12

Sec. 82-194. - Parental duty. .............................................................................................................. 13

Sec. 82-195. - Penalties for violations of division. .......................................................................... 13

Sec. 82-221. - Truant defined; transportation to truancy center. ...................................................... 13


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Sec. 82-222. - Applicability; conflicting provisions. ......................................................................... 14

Sec. 82-223. - School attendance required; exemptions. .............................................................. 14

Sec. 82-224. - Prohibited conduct. .................................................................................................... 15

Sec. 82-225. - Penalty for violation of division................................................................................. 15

Sec. 82-15. - Loitering. ............................................................................................................................ 15


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Sec. 2-272. - Tax increment financing(T.I.F.) commission.

(a) The commission shall consist of seven members.(b) The seven commission members shall be recommended by the mayor and approved bythe city council on the basis of fitness or competence for their duty. All members shall servewithout pay.

(c) The commissioners shall be appointed for terms of one for one year, two for two years andthree for three years. Thereafter, at the expiration of each of the above terms, commissionmembers will be appointed for terms of three years each.

(d) The T.I.F. commission shall elect a chairman from among the appointed members, andshall make rules and regulations as are necessary for the performance of its duties.

(e) Recommendations by the mayor and set the terms of the commissioners with approval bythe city council.

(Ord. No. 02-10074, 26, 11-29-02)

Editor's note Ord. No. 02-10074, 26, adopted Nov. 29, 2002, did not specifically amend the Code.Hence, its inclusion herein as section 2-272 was at the discretion of the editor.

Sec. 2-273. - Tax increment financing(T.I.F.) joint review board.(a) All board members shall be recommended by the mayor and approved by the city council.The first board meeting shall be held at least 14 days, but not more than 28 days after mailing ofnotices to the appointees, and the acceptance of the appointments by the appointees, to elect achairperson.

(b) The joint board of review shall meet annually, 180 days after the close of the municipalfiscal year or as soon as the T.I.F. department's audit for that fiscal year becomes available toreview the effectiveness and status of the redevelopment projects up to that date.

(Ord. No. 02-10075, 1, 2, 11-29-02)

Editor's note Ord. No. 02-10075, 1, 2, adopted Nov. 29, 2002, did not specifically amend the Code.Hence, its inclusion herein as section 2-273 was at the discretion of the editor.


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Sec. 14-9. - Revocation of BusinessLicenses and Permits.

All licenses and permits issued under the provisions of this chapter may be revoked by the citycouncil for the violation of any provision of this chapter or for other good cause.

(Code 1975, 7-11)

Sec. 50-72. - Offensive premises.Any store, house, factory, building or structure of any kind or any grounds or premises kept,

permitted or suffered to remain for two hours in such condition as to be offensive to theneighborhood or dangerous or prejudicial to the public health is hereby declared to be anuisance.

(Code 1975, 43-3)

Sec. 50-112. Grass Height limit.Every owner, lessee or occupant, or any agent, servant, representative or employee of an

owner, lessee or occupant, of any real estate within the city shall cut weeds on his property atall times as may be necessary so that such weeds do not exceed a height of eight inches. Thecity may cut such weeds if such owner, lessee or occupant fails to do so.

(Ord. No. 00-10020, 2, 6-8-2000)

Sec. 50-113. - Failure of owner, controller or occupier to cut or clear weeds after

notice.

Within ten days following the giving of a notice to cut or clear weeds or grass, the designee ofthe city shall be authorized to enter upon the premises subject to the violation and cut or clearthe weeds and grass upon such premises.

(Ord. No. 85-10028, 5, 5-24-1985)

Sec. 50-114. - Notice for demand of payment for city's costs in cutting and

clearing.

Within 15 days following the cutting and clearing of a premises in violation of this article, the cityshall send a demand for payment of the costs and expenses incurred by the city in cutting and


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clearing the premises. The cost so assessed shall include the expense of giving the initialdemand upon the owner, controller or occupier to cut or clear such premises. Such notice maybe personally served, sent by certified mail, regular mail or posted upon the premises subject tothe violation.

(Ord. No. 85-10028, 6, 5-24-1985)

Sec. 50-115. - Lien for costs and expenses.

If the weeds on a premises are cut by the city, a notice of lien for the costs and expensesincurred by the city in such cutting shall be recorded within 60 days after the city incurs suchcosts and expenses of cutting the weeds for the homeowner. The city or the person performingthe service by authority of the city in its or his own name shall file a notice of lien in the office ofthe recorder of deeds of the county. The notice of lien shall consist of a sworn statement settingforth the following:

(1) A description of the real estate which shall be sufficient for identification of suchpremises;

(2) The amount of money representing the costs and expenses incurred or payable for

the service; and

(3) The dates when such costs and expenses were incurred by the city.

(Ord. No. 00-10020, 3, 6-8-2000)

Sec. 50-116. - Payment by owner; nonpayment.

(a) Upon payment of the costs and expenses after a notice of lien has been filed, the lien shallbe released by the city or person in whose name the lien has been filed, and the release shallbe filed of record in the same manner as for the filing of the notice of the lien.

(b) If the lien is not paid by the owner, the city shall be entitled to file suit to foreclose such lienand may foreclose the lien on such property and have a court order entered having suchproperty sold to pay the amount of the lien and any costs of foreclosing the lien.

Sec. 62-1. - Health department established.There is hereby established a department of the city government which shall be known as thehealth department, and it shall have such assistants and employees as the city council mayprovide by ordinance.

(Code 1975, 28-2)

Sec. 62-2. - Abatement or removal of nuisances; regulations for prevention of

disease.

The health department shall cause all nuisances to be abated or removed which it may deem


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prejudicial or obnoxious to the public health or comfort and shall make such sanitary regulationsas it may think necessary or expedient to prevent the introduction or spreading of anycontagious, malignant, infectious or pestilential disease.

(Code 1975, 28-3)

Cross reference Nuisances, 50-71 et seq.

Sec. 66-31. Civil Rights Commission:Created; membership; appointment ofmembers; vote of chairman.There is hereby established a commission which shall be known as the "civil rightscommission," consisting of nine members and a chairman to be appointed by the mayor with theadvice and consent of the city council. The chairman shall not have the power to vote on

matters before the commission, except in cases of a tie.

Sec. 66-132. - Contract compliance committee.

(a) The contract compliance committee shall consist of the city manager, economicdevelopment director, CDBG director, and one volunteer appointed by the mayor and approvedby the city council and three persons designated by the Casino Queen. Such committee shallhave the following authority and duties for the encouragement of equal business opportunity:

(1) Administration and enforcement of this division.

(2) Establishment of written procedures to effectuate this division, which shall be

approved by the city council.(3) Development of a database of certified minority business enterprises and femalebusiness enterprises, which shall be maintained as a public record.

(4) Establishment and review of applicable minority business enterprise and femalebusiness enterprise goals on a project by project basis.

(5) Determination, in writing with reasons therefore, of whether potential bidders are incompliance with this division, which determination shall be made prior to the award of anybid or the execution of any contract for an eligible project.

(6) Holding pre-award conferences with potential bidders and subcontractors for the

purpose of ensuring that such office has all available information with which to make adetermination of compliance.

(7) Investigations of alleged violations of this division, and the issuance of writtendeterminations following such investigations, stating the reasons therefore.

(8) Provision to business entities of all forms, applications, documents and papersnecessary to comply with this division.

(9) Review of cases where contractors fail to implement previously made minority


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business enterprise or female business enterprise commitments to determine whetherthere should be further efforts or alternative approaches, including, but not limited to,contact with industry, or any pertinent federal agency, for information concerning theavailability of qualified minority business enterprises and female business enterprises.

(10) Determination of whether any of the penalties set forth under the provisions of the

Failure to Meet Equal Business Opportunity Participation Goals are appropriate.

(11) Certification of contractors, bidders or offerors as bona fide minority businessenterprises or female business enterprises, in accordance with the standards set forth inthis division.

(12) Notification of an affected party by certified mail that such party has the right toappeal a determination of noncompliance with this division or a denial of certification as anminority business enterprise or female business enterprise to the contract compliancehearing officer. Appeals shall be made within seven days of receipt of the notice ofnoncompliance or refusal to certify the contractor, bidder or offeror as an minority businessenterprise or female business enterprise.

(13) Notification of the purchasing director of any determination of noncompliance with therequirements of this division or a denial of certification as an minority business enterpriseor female business enterprise, and any appeal from such determination of noncomplianceor refusal to certify.

(14) Maintenance of annual statistical data on availability and utilization of certifiedminority business enterprises and female business enterprises.

(b) In fulfillment of the policy to promote equal business opportunity for contracting and

procurement with the city, the contract compliance committee shall establish annual equal

business opportunity participation goals for minority business enterprises and female businessenterprises. Such goals shall be based upon the findings of the contract compliance committeepursuant to public hearings, reports and other evidence as shall be gathered by the committee.Such goals shall be in effect for a period of three years, subject to annual review.

(c) No person described in subsection (a) of this section who exercises, or has exercised, anyfunctions or responsibilities with respect to activities funded under this division or who are in aposition to participate in a decision-making process or gain inside information with regard tosuch activities may obtain a financial interest or benefit from a subcontract, or agreement withrespect thereto or the proceeds under such subcontract, either for themselves or persons withwhom they have family or business ties, during their tenure or for one year after such tenure.This subsection applies to any person who is an employee, agent, consultant, officer, or elected

or appointed official of the city or of any of its public agencies, or any "sub-recipient" (as suchterm is defined in 24 CFR 570.204) who receives funds under this division.

(Ord. No. 97-10054, 4, 10-15-1997)

Cross reference Boards, commissions, 2-271 et seq.


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Sec. 70-4. - Duty of bystanders to renderaid.

Any police officer of the city may, at any time, call upon any able bodied person above the ageof 18 years to aid him in arresting, retaking or holding in custody any person reasonablybelieved to have committed, or found guilty of having committed, any unlawful act or to aid suchpolice officer in preventing the commission of any unlawful act. (Code 1975, 49-6)

Sec. 70-115. - Monthly report to city council.On the first Monday in each month, the chief of police shall make a written report to the citycouncil, showing the:

(1) Number of arrests made by the police force during the preceding month;

(2) Name of each person arrested by the police force during the preceding month;

(3) Offenses charged;

(4) Judge before whom such offenses were tried;

(5) Disposition of the cases;

(6) Amount of fines imposed; and

(7) Amount of the fines collected.

(Code 1975, 49-45)

Sec. 70-116. - Annual reports.On or before January 1 in each year, the chief of police shall make annual written reports to thecity council of the state of the police force, with such statistics and suggestions as he may deemadvisable for the improvement of the police force, its discipline and government. The chief ofpolice shall make similar reports to the mayor and treasurer, upon request.

(Code 1975, 49-46)


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Sec. 70-118. - Execution of orders ofdepartment of regulatory affairs.

It shall be the duty of the chief of police to cause all orders of the department of regulatoryaffairs to be executed as far as such orders may relate to the preservation of the health of thecity. The chief of police shall also execute all orders for the protection of the streets, alleys,sidewalks, bridges and viaducts of the city and shall, upon such order, arrest any and allpersons not in the employ of the city who may be found obstructing or interfering with suchstreets, alleys, sidewalks, bridges and viaducts without a written permit from the director ordepartment head.

(Code 1975, 49-48)

Sec. 70-151.

Auxiliary Police Officers:Qualifications; number.(a) Prior to appointment to the auxiliary police, all persons shall:

(1) Be a resident of the city;

(2) Be fingerprinted and consent to such fingerprinting;

(3) Not have any convictions for crimes involving a felony or moral turpitude;

(4) Receive an appropriate course of training in the use of weapons and other police

procedures as determined by the chief of police.

(b) No more than 50 auxiliary police shall be appointed or serve under the provisions of thisarticle. (Ord. No. 87-10004, I, 3-4-1987)

Sec. 70-152. - Power and authority.Any auxiliary police officer shall have the power and authority to perform the following duties:

(1) Aid or direct traffic within the city;

(2) Aid in the control of natural or manmade disasters;

(3) Aid, in case of civil disorder, as directed by the chief of police; and

(4) Perform the normal and regular police duties in cases which render it impractical formembers of the regular police department to perform such normal and regular policeduties.

(Ord. No. 87-10028, 3, 12-9-1987)


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Sec. 70-153. - Direction of performance of duties.

The duties of auxiliary police officers are to be performed under the direction of the chief ofpolice.

(Ord. No. 87-10028, 4, 12-9-1987)

Sec. 70-154. - Carrying firearms.

Auxiliary police officers shall not carry firearms, except with the permission of the chief of police,while in uniform and in the performance of their duties within the city.

(Ord. No. 87-10028, 5, 12-9-1987)

Sec. 70-155. - Revocation of appointment.

(a) The mayor has the authority to revoke any appointment granted under this article, providedthat a majority of the city council concurs in such revocation.

(b) The chief of police has the authority to temporarily suspend any auxiliary police officer'sappointment, provided that the chief of police shall appear at the next city council meeting andindicate the reasons for such suspension.

(c) If a majority of the city council concurs in the suspension, such appointment shall berevoked. If a majority of the city council does not concur in the suspension, the appointmentshall be reinstated.

(Ord. No. 87-10028, 6, 12-9-1987)

Sec. 70-194. - Publication of Notice toDispose of Seized Property.(a) The schedule of personal property certified by the chief of police setting forth the article ofpersonal property, the date in which the article was received by the police department and the

parties of interest, if any, to such property, including the intended disposition of the property bythe city, shall be published in a newspaper of general circulation for three consecutive weeks,giving notice to all parties of the intent to have the article declared abandoned property and theintended disposition of the article.

(b) The publication of the notice, as provided for in subsection (a) of this section, shall adviseand notify all parties of interest that, within seven days following the last day of publication, theyshould file a written timely claim to the attention of the chief of police of the city, or if such claimis not filed, all right and claim they may have to such property shall be forfeited and the property


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shall be declared abandoned within the definition of this article. Upon the expiration of the eighthday following the last day of publication of such notice, the property scheduled and published inthe certified schedule of personal property shall be declared abandoned property, and theclaims of third parties shall be deemed null and void unless a timely claim has been filed, asprovided in this subsection, by the person asserting the claim. Thereafter, the police departmentmay arrange for the destruction, sale or appropriation of such property as provided in this

article.

(Ord. No. 80-10065, III, 9-10-1980)

Sec. 82-191. Curfew Definitions.The following words, terms and phrases, when used in this article, shall have the meaningsascribed to them in this section, except where the context clearly indicates a different meaning:

Emergencymeans an unforeseen combination of circumstances which is cause for immediate

action.

Minormeans any person under the age of 17 years.

Parentmeans a mother, father, guardian or any person having custody of a minor pursuant to acourt order. (Ord. No. 85-10011, art. II, 3-6-1985) Cross reference Definitions generally, 1-2.

Sec. 82-192. - Established.

(a) It shall be unlawful for any minor to loiter, idle, wander, stroll or play upon any public street,highway, road, alley, park, playground, dock, public ground, public place, public building, placeof amusement and entertainment, vacant lot or other place between the hours of 9:00 p.m. and

6:00 a.m., Monday through Thursday.(b) On Friday, Saturday and Sunday, the curfew shall be in effect between the hours of 10:00p.m. and 6:00 a.m. of the following day.

(Ord. No. 85-10011, art. III, 3-6-1985)

Sec. 82-193. - Exceptions.

The provisions of this division do not apply when a minor is:

(1) Attending or returning from a school, religious or civic organizational event;

(2) Exercising First Amendment rights;

(3) In a motor vehicle involved in interstate travel;

(4) On a sidewalk in front of the minor's home or the home of a neighbor;

(5) Moving about in the event of an emergency; or

(6) Married or emancipated.


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Sec. 82-194. - Parental duty.

The parents of a detained minor shall be responsible if the minor is determined to be in violationof the provisions of this division.

(Ord. No. 85-10011, art. IV, 3-6-1985)

Sec. 82-195. - Penalties for violations of division.

(a) Any parent of a minor determined to be in violation of this division shall, upon the firstconviction, be subject to a fine of not less than $150.00 nor more than $250.00. In addition,each minor convicted shall perform 20 hours of community service for a nonprofit organization.It shall be mandatory for all parents or guardians to supervise such community service.

(b) Any parent of a minor determined to be in violation of this division shall, upon the secondconviction, be subject to a fine of not less than $250.00 nor more than $500.00. Further, upon asecond conviction of any minor, the juvenile officer of the police department of the city shallcertify the conviction to the appropriate state agencies, including the department of children and

family services, and request an investigation and determination as to the parent's fitness.

(c) Each minor convicted of a second offense shall perform 40 hours of community service fora nonprofit organization. It shall be mandatory for all parents or guardians to supervise suchcommunity service.

(d) Any parent of a minor determined to be in violation of this division shall, upon a thirdconviction within two years of the initial offense, be fined not less than $750.00 nor more than$1,000.00. In addition, each minor convicted of a third offense shall perform 60 hours ofcommunity service for a nonprofit organization.

(Ord. No. 86-10022, art. V, 8-6-1986)

Sec. 82-221. - Truant defined;transportation to truancy center.(a) Definitions. The following words, terms and phrases, when used in this division, shall havethe meanings ascribed to them in this subsection, except where the context clearly indicates adifferent meaning:

Truantmeans a child subject to compulsory school attendance, and who is absent without a

valid excuse or exemption from such attendance for a school day, or portion thereof.

(b) Transportation to truancy center. If a child subject to the provisions of this division isdetermined to be truant and is picked up by a police officer or other such authorized schooldistrict #189 personnel, such child shall be transported to a truancy center approved andoperated by school district #189 for such purpose.

(Ord. No. 97-10001, 2, 1-22-1997)


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Cross reference Definitions generally, 1-2.

Sec. 82-222. - Applicability; conflicting provisions.

(a) This division is enforceable only to the extent that there exists an intergovernmentalagreement with the local school district.

(b) In the event of a conflict between the provisions of this division and either 105 ILCS 5/26-1et seq. or 705 ILCS 405/3-33, the provisions of this division shall not exceed, nor differentiatefrom, the measures set forth in state law.

Sec. 82-223. - School attendance required; exemptions.

(a) No parent, guardian or other person within the city having charge, control or custody of achild between the ages of seven and 16 years shall, without excuse or exemption, knowinglypermit such child to absent himself from attendance at a public school in the district in which thechild resides on such dates and during such hours as the school may regularly be in session.

(b) The following children shall not be required to attend the public schools:

(1) Any child attending a private or parochial school, or any child being taught byhomeschool instruction, where children are taught the branches of education taught tochildren of a corresponding age and grade in the public schools, and where the instructionof the child and the branches of education is in the English language.

(2) Any child who is physically or mentally unable to attend school, and such disabilityshall be certified by a competent physician.

(3) Any child necessarily and lawfully employed according to the provisions of the lawregulating child labor may be excused from attendance at school by the districtsuperintendent of the public school which the child should be attending, or by certification

of the facts by, and the recommendation of, the school board of the public school district inwhich the child resides.

(4) Any child who is excused for temporary absence for cause by the principal or teacherof the school which the child attends. Such cause for absence shall include illness, deathin the immediate family, family emergency and other situations beyond the control of thestudent as determined by the school board, or such other circumstances which causereasonable concern to the parent for the safety or health of the student.

(c) Any person having custody or control of a child who is below the age of seven years orabove the age of 16 years and who is enrolled in any of grades one through 12 in the publicschool shall cause such child to attend the public school in the district in which the child resideswhen it is in session during the regular school term unless such child is excused under this

section.

(d) The staff at the truancy center shall attempt to contact the truant child's parent, guardian orother such person having charge, custody or control of the child to notify such person of thechild's unexcused or unexempt absence from school, as well as to arrange for such person topick up the child from the truancy center.

(e) If the staff of the truancy center is unable to contact the truant child's parent, guardian orother such person having charge, custody or control of the child, the child will be transported to


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the city police department at the end of regular school hours and held until such time as thechild's parent, guardian or other person having charge, custody or control of the child is notified.

(Ord. No. 97-10001, 1, 2, 1-22-1997)

Sec. 82-224. - Prohibited conduct.

(a) Any person having charge, control or custody of a child subject to the provisions of thisdivision shall be deemed to have knowledge of a child's unexempt or unexcused absence fromschool after having received notification of such truancy from a police officer or schoolrepresentative.

(b) Such parent, guardian or other person shall be charged with knowingly allowing a child tobe truant and, upon conviction, shall be guilty of a violation of this division.

(c) Any person who induces, or attempts to induce, any child to be unlawfully absent fromschool, or who knowingly employs or harbors, while school is in session, any child unlawfullyabsent from school for one or more consecutive school days is guilty of a violation of thisdivision.

(Ord. No. 97-10001, 3, 1-22-1997)

Sec. 82-225. - Penalty for violation of division.

Any person violating any provision of this division shall be fined not less than $25.00, nor morethan $750.00 for each offense, and a separate offense shall be deemed to be committed oneach day during or on which a violation occurs or continues.

(Ord. No. 97-10001, 4, 1-22-1997)

Sec. 82-15. - Loitering.(a) It shall be unlawful for any person to remain in any one place with no apparent purposeother than to establish control over identifiable areas, intimidate others from entering suchareas, or conceal or commit illegal activities.

(b) Among the circumstances which may be considered in determining whether such alarm orimmediate concern is warranted are whether the person:

(1) Takes flight upon the appearance of a law enforcement officer;

(2) Refuses to identify himself;

(3) Attempts to conceal himself or any object.

(c) Unless flight by the person or other circumstances makes it impracticable, a lawenforcement officer shall, prior to any arrest for an offense under this section, afford the personan opportunity to dispel any alarm or immediate concern which would otherwise be warrantedby requesting him to identify himself and explain his presence and conduct.

(d) No person shall be convicted of an offense under this section if the law enforcement officerdid not comply with the procedure set forth in this section or if it appears at trial that the


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explanation given by the person is true and, if believed by the officer at the time, would havedispelled the alarm or immediate concern.

(e) Any person violating the provisions of this section shall be guilty of the offense of loiteringand shall be fined not less than $75.00, nor more than $500.00.

(Ord. No. 97-10025, 3

5, 5-28-1997)

2012 Citizens' Law Guide

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