HomeMy WebLinkAboutORDINANCE - 2169 - 6/11/1991 - AMEND CODEORDINANCE NO. 2169
AN ORDINANCE AMENDING SECTION 14.306 OF THE MUNICIPAL CODE
AS IT RELATES TO DAMAGE TO VILLAGE OWNED PARKWAYS IN THE
INDUSTRIAL ZONED DISTRICT
WHEREAS, extensive damage has occurred in the Village owned
parkways located in the rights-of-way adjacent to Industrial Buil-
dings occasioned by driver negligence or improper accessway to the
loading areas of said Industrial premises; and
WHEREAS, the continual repair of said parkways is an economic
burden and hardship on the Village of Elk Grove Village; and
WHEREAS, said damage is the direct result of the owner, lessee,
tenant or occupant of such premises providing an inadequate driveway
apron, driveway or other access way to its loading dock or other-
wise causing the delivery or pick-up of goods in vehicles of such
size and length such that access to the loading area cannot be at-
tained absent the unlawful maneuver of driving off the roadway and
thereby damaging Village owned parkways.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and
DuPage, Illinois as follows:
Section 1: That Section 14.306 of the Municipal Code of the
Village be and the same is hereby amended to read as follows:
14.306 Vehicles Not to be Driven Upon or Across Side-
walks, Curbs, or in Safety Zones/Responsibility for
Damage to Public Property.)
A. It shall be unlawful for the operator of any motor
vehicle to drive off the paved portion of any road-
way, upon or across any curb or sidewalk, except
at a permanent or temporary driveway approved by
the Director of Engineering and Community Develop-
ment of the Village of Elk Grove Village. No driver
of any motor vehicle shall drive into or upon any
portion of a designated safety zone.
B. Any owner, lessee, tenant or occupant of a building
in an Industrial Zoned District shall provide ade-
quate driveway aprons, driveways and/or other ac-
cessways to its loading area or in the alternative"
prohibit the shipment of goods to or from its pre-
mises in vehicles which are unable to enter a loading
area without causing damage to the unpaved parkway
portion of the right-of-way adjacent to or opposite
the premises. Any damage which occurs in the unpaved
parkways adjacent to and on either side of a Village
right-of-way shall be conclusive evidence that im-
proper access has been provided to or from such
loading areas by the owner, lessee, tenant or occu-
pant of such property and said owner, lessee, ten-
ant or occupant shall therefore be responsible for
any damage caused as a result thereof. It shall
be unlawful for such owner, lessee, tenant or occu-
pant to fail to make restitution to the Village for
damage to the Village parkway due to the improper
access conditions described herein. Failure to
make restitution within thirty (30) days from re-
ceipt of notice of damage to an adjacent parkway
shall be deemed to be a violation of this Section.
Section 2: Any person, firm or corporation who violates any
of the provisions of this Ordinance shall be subject to a fine of
not less than Twenty -Five ($25.00) Dollars nor more than Five Hun-
dred ($500.00) Dollars for each offense and a separate offense shall
be deemed committed on each day during or on which a violation oc-
curs or continues to exist.
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Section 3: That the Village Clerk is hereby authorized to
publish this Ordinance in pamphlet form.
Section 4: That this Ordinance shall be in full force and ef-
fect from and after its passage, approval and publication according
to law.
VOTE: AYES: 4* NAYS: 0 ABSENT: 3
PASSED this 11th day of June 1991.
APPROVED this 11th day of June 1991.
ATTEST:
Patricia S. Smith
VILLAGE CLERK
PUBLISHED this 12th day of
form.
* President Voted
Charles J. Zettek
VILLAGE PRESIDENT
June
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, 1991, in pamphlet