CODE OF ORDINANCES CITY OF AURORA, ILLINOIS

Latest version.

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GENERAL ORDINANCES OF THE CITY

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Published in 1988 by Order of the City Council

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CURRENT OFFICIALS
of the
CITY OF AURORA, ILLINOIS

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Thomas J. Weisner
Mayor

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Kristina "Tina" Bohman
Juany Garza
Ted Mesiacos
Bill Donnell
John S. "Whitey" Peters
Michael B. Saville
Scheketa Hart-Burns
Richard B. "Rick" Mervine
Edward Bugg
Lynne Johnson
Robert O'Connor
Richard C. Irvin
Aldermen

____________

Isabel Garcia-Kodron
City Clerk

OFFICIALS
of the
CITY OF AURORA, ILLINOIS
AT THE TIME OF THIS CODIFICATION

____________

David L. Pierce
Mayor

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John Meisch
Robert J. O'Connor
Joseph H. Reier
Mary E. Barr
Kenneth Hinterlong
Robert Cutter
Charles F. Pagels
Michael B. Saville
City Council

____________

Ronald R. Moses
Corporation Counsel

____________

Michael B. Weinstein
City Attorney

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Eva M. Rodgers
City Clerk

PREFACE

This Code constitutes a complete recodification of the ordinances of the City of Aurora of a general and permanent nature.

Source materials used in the preparation of the Code were the 1969 Code, as supplemented, and ordinances 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 volume, the reader can locate any section of the 1969 Code, as supplemented, and any subsequent ordinances included herein.

The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. At the request of the city the basic format of the 1969 Code has been preserved insofar as possible; therefore, chapters have been reserved in an effort to have chapters coincide with those in the 1969 Code. Footnotes which tie related sections of the Code together and which refer to relevant state laws 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 volume.

Numbering System

The numbering system used in this Code is the same system used in any state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the four hundred and seventy-sixth section of Chapter 2 is 2-476. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 2-476 and 2-477 is desired to be added, such new sections would be numbered 2-476.1, 2-476.2, and 2-476.3 respectively. New chapters may be included in the same manner. If new material is to be included between Chapters 6 and 7, it will be designated as Chapter 6.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

Index

The index of the Code has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by municipal officers 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 he is interested.

Looseleaf Supplements

A special feature of this Code to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the Code. With this system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they 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 Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Successfully keeping this Code up-to-date at all times will depend largely upon the holder of the volume. 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 publishers 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

The publication of this Code was under the direct supervision of Roger D. Merriam, Supervising Editor, and Laura Johnson, Editor, 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.

The publishers are most grateful to Mayor David L. Pierce, Corporation Counsel, Ronald R. Moses, City Attorney, Michael B. Weinstein, First Assistant City Attorney, Steven L. Kadden, City Clerk, Eva M. Rodgers, and Legal Assistant, Lynne C. Ratz, for their cooperation and assistance during the progress of the work on this Code. It is hoped that their efforts and those of the publishers have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs.

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

ADOPTING ORDINANCE

ORDINANCE NO. O88-71

An Ordinance Adopting and Enacting a New Code for the City of Aurora, Illinois; Providing for the Repeal of Certain Ordinances Not Included Therein, Except as Otherwise Specified; Providing a Penalty for Violations Thereof; Providing for the Manner of Amending Said Code; and Providing When This Ordinance Shall Become Effective.

Whereas, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and

Whereas, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals and welfare; and

Whereas, the present City Code was adopted in March, 1969, and has been amended from time-to-time thereafter; and

Whereas, the present City Code was adopted prior to the advent of constitutional home rule in Illinois and contains certain provisions which have become obsolete due to home rule as well as the passage of time.

Now, Therefore, Be It Ordained by the City Council of the City of Aurora, Kane and DuPage Counties, Illinois, as follows:

Section One: The Code entitled the "Code of Ordinances, City of Aurora, Illinois" (hereafter referred to as "the Code") published in 1988 by Municipal Code Corporation and consisting of Chapters 1 through 48, each inclusive, is hereby adopted and enacted.

Section Two: All City of Aurora ordinances of a general and permanent nature enacted on or before February 26, 1988, and not included in the Code or recognized and continued in force by reference therein or in this ordinance, are hereby repealed; provided however, that those additions and corrections set forth in Exhibit A, attached hereto and made a part hereof are included in the Code as if specifically set forth therein.

Section Three: The repeal provided for in Section Two hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section Four: Nothing in the Code or this ordinance adopting the Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of the Code. Furthermore, the adoption of the Code shall not be interpreted as permitting any use or the continuance of any use of a structure or premises in violation of any ordinance of the city in effect on the date of adoption of the Code.

Section Five: Nothing in the Code or this ordinance adopting the Code shall affect any ordinance:

(1)

Promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness, or contract or obligations assumed by the city;

(2)

Granting any right or franchise;

(3)

Dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the city;

(4)

Making any appropriation or providing for a budget, budget amendment or transfer of funds;

(5)

Levying or imposing taxes not contained in the Code;

(6)

Establishing or prescribing grades of streets in the city;

(7)

Providing for local improvements and assessing taxes therefor;

(8)

Dedicating or accepting any plat or subdivision in the city;

(9)

Extending or contracting the boundaries of the city;

(10)

Prescribing the number, classification, benefits or compensation of any city officers or employees, not inconsistent herewith;

(11)

Relating to zoning;

(12)

Regulating or prohibiting traffic or parking on any particular streets or in any particular area, or specifying or designating off-street parking lots;

(13)

Creating specific funds;

(14)

Which is temporary although general in effect;

(15)

Which is special although permanent in effect;

(16)

The purpose of which has been accomplished;

and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in the Code.

Section Six: That whenever in the Code or in any ordinance of the city any act is prohibited or made or declared to be unlawful or a misdemeanor, or whenever in the Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of the code or any ordinance shall be punishable by a fine of not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500.00). Each day any violation of any provisions of the Code or of any ordinance shall continue shall constitute a separate offense.

Notwithstanding all other provisions of the Code, if a summons for a violation of an ordinance of this city or the Code is served by certified mail, return receipt requested, the maximum penalty which may be imposed for such violation shall be a fine of two hundred dollars ($200.00).

In all cases where the same offense is made punishable or is created by different clauses or sections of the Code or other ordinance, the prosecuting officer may elect under which to proceed; but not more than one (1) recovery shall be had against the same person for the same offense, provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.

No provision of the Code designating the duties of any city officer or city employee shall be so construed so as to make such officer or employee liable for any fine or penalty provided in the Code for a failure to perform such duty, unless the intention of the city council to impose such a fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. In this paragraph, "city employee" includes any member of a board, commission or committee of the city, city servant or employee, whether or not compensated, but does not include an independent contractor.

Section Seven: That all additions and amendments to the Code, when passed in such form as to indicate the intention of the City to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the Code includes said additions and amendments.

Section Eight: That all ordinances adopted after February 26, 1988, that amend or refer to ordinances that have been codified in the Code shall be construed to amend or refer to the applicable provisions of the Code.

Section Nine: That this ordinance is an exercise of the home rule powers granted to the City of Aurora by Article VII, Section 6 of the Illinois Constitution of 1970.

Section Ten: That this ordinance shall be in full force and effect, and shall be controlling, on and after July 1, 1988.

Section Eleven: That all ordinances or parts of ordinances thereof in conflict herewith are, to the extent of such conflict, hereby repealed.

Presented to the City Council of the City of Aurora, Illinois, on June 21, 1988.

Passed by the City Council of the City of Aurora, Illinois, on June 21, 1988. AYES 8 NAYS 0

Approved and signed by the Mayor of the City of Aurora, Illinois, on June 21, 1988.

	/s/ David L. Pierce Mayor

ATTEST:

/s/ Eva M. Rodgers City Clerk

This Document Prepared By:
City of Aurora Law Department
44 E. Downer Place
Aurora, Illinois 60507

SEAL

EXHIBIT "A"

ADDITIONS AND CORRECTIONS TO THE 1988
CODE OF ORDINANCES, CITY OF AURORA, ILLINOIS.

Page iii—City Officials.

Myra E. Barr should be Mary E. Barr

Michael Saville should be Michael B. Saville

Eva M. Rogers should be Eva M. Rodgers

(also change spelling on p. vi)

CHAPTER 2. ADMINISTRATION.

Section 2-165(c); the following change is made:

Delete: "exemptary"

Add: "exemplary"

Sections 2-222 and 2-223; the following change is made:

Add: provisions for assistant city engineer

(old sections 2-166 and 2-167)

Section 2-419(b); Add the following language:

"The salary and terms of employment of the executive director shall be established by an employment contract approved by the commission and subject to the budget limitations of the annual appropriation ordinance."

CHAPTER 5. AIRPORTS AND AIRCRAFT.

Section 5-19; the following change is made:

Cross Reference—The "Public works department" replaces the "Human services department". (N.B. Many other similar cross references will need to be changed since the Human Services Dept. does not act as liaison for all city boards and commission.)

Section 5-48(a); the following change is made:

The reference to the "Civil Aeronautics Administration" should be changed to the "Federal Aviation Administration"

CHAPTER 6. ALCOHOLIC LIQUOR.

Section 6-18(1); the following addition is made:

Add: "or adjacent premises" after "licensed premises" and before "an exterior"

Section 6-20(b)(2); add the following language:

"That the proposed new officer is a person who is qualified or possesses the same qualifications required of the licensee, except that said officer shall not be required to be a resident of the City of Aurora."

Change old subsection (2) to (3)

Change old subsection (3) to (4)

Section 6-23(b); the following change is made:

Delete: "provided" (1st line)

Add: "approved"

CHAPTER 9. ANIMALS.

Add back in as Sections 9-18 and 9-19 the old Sections 9-23 and 9-24 which state as follows:

Sec. 9-23. Raising, boarding to comply with zoning.

No one shall raise animals or fowl for sale within the city limits unless properly zoned nor keep for profit any kennel for the boarding of animals unless properly zoned.

Sec. 9-24. Farms animals prohibited, exception zoned farms.

Farm animals, which shall include but not be limited to horses, cattle, swine and fowl, shall not be permitted in the city, except on property zoned as farms.

CHAPTER 12. BUILDINGS AND BUILDING REGULATIONS.

Section 12-17(1900.3)(19); the following change is made:

Capitalize "Federal-aid Primary System"

Section 12-17(1902.6.2); the following change is made:

Replace "preservation commission planner" with "Aurora Preservation Commission Director"

CHAPTER 16. FARMER'S MARKET.

Section 16-11; the following is deleted:

"Weighmaster of the City" no longer exists.

(Delete entire sentence containing reference to "weighmaster")

CHAPTER 17. FIRE PROTECTION AND PREVENTION.

Section 17-3; the following change is made:

Delete: "a fire" (line 2)

Add: "the scene of any emergency where police and firemen are involved"

Section 17-26; the following addition is made:

Add: "or assistant fire chief"

(after present last word in paragraph)

Section 17-29; the following addition is made:

Add: "or until the fire scene is released by the officer in command"

(after present last word in paragraph)

Section 17-32; the following changes are made:

Delete: "a fire (line 1)

Add: "the scene of an emergency"

Delete: "in extinguishing the fire and the removal and protection of property," (line 2)

Add: "at the scene of an emergency"

Section 17-110(c)(3); the following addition is made:

Add: "properly designated" after "in a" and before "fire lane" (line 4)

CHAPTER 20. GARBAGE AND TRASH.

Section 20-2.1(1); the following changes are made:

Add: "the" after "receptacle in" and before "public" (line 1)

Delete: "five hundred dollars"

: "five dollars"

Delete: "($500.00)"

Add: "($5.00)"

CHAPTER 22. HUMAN RIGHTS.

Section 22-17(a); the following change is made:

Delete: "numer"

Add: "number"

CHAPTER 29. OFFENSES—MISCELLANEOUS.

Section 29-43(a)(12); the following change is made:

Delete: "cartidge" (fifth line of subsection)

Add: "cartridge"

Section 29-114(a); the following change is made:

Delete: "Esablishment" (line 1 of subsection)

Add: "Establishment"

CHAPTER 32. PEDDLERS, CANVASSERS, AND SOLICITORS.

Section 32-36; the following change is made:

Delete: "city clerk" (line 4)

Add: "city treasurer"

Section 32-93; the following change is made:

Delete: "city clerk" (line 2)

Add: "city treasurer"

CHAPTER 33. PERSONNEL

Section 33-3; the following is added:

Add: After "director" (line 2) "acting in consultation with the appropriate department head."

Section 33-42(a); the following change is made:

Change quorum requirement to two (2) commissioners (same as state law)

Section 33-44(b)(13); the following change is made:

Add: "Executive secretaries for department heads"

Delete: "One (1) private secretary of the chief of police"

CHAPTER 42. STREETS AND SIDEWALKS.

At the end of each of Sections 42-122 through 42-132 and Sections 42-151 through 42-160; the following should be added after each old code citation:

Add: "Ord. No. 086-5565, Sec. _____ (add appropriate section of ordinance), 10-7-86"

CHAPTER 43. SUBDIVISIONS.

Section 43-55(a)(2); the following change is made:

Combine the first paragraph and the sentence that begins "Once approval", in order to make one single paragraph.

Section 43-56(4); the following is added:

Insert: a "," after "unit development" and before "and in" (18 lines from bottom, page 3202)

Section 43-57; the following change is made:

Delete: "preannexation" (line 1)

Add: "annexation"

Delete: "preannexation" (line 7)

Add: "annexation"

Section 43-58(a)(1); the following change is made:

Delete: "inter alia" (line 4)

Add: ", among other things,"

Section 43-58(b)(1); the following change is made:

Delete: "inter alia" (line 4)

Add: ", among other things,"

CHAPTER 45. TAXICABS AND PUBLIC PASSENGER VEHICLES.

Section 45-53; the following change is made:

Delete: "dirvers"'

Add: "drivers"'

CHAPTER 46. TOWING SERVICES.

Section 46-2; the following change is made:

Delete: "intital"

Add: "initial"

CHAPTER 48. UTILITIES.

Section 48-69; the following changes are made:

Delete: "city treasurer" (line 2)

Add: "corporation counsel"

Delete last four (4) lines of the section, starting with "The failure …."

APPENDIX A. ZONING.

Section 12.2-3(a); the following change is made:

Delete: "35 feet or less" after "Any height"

Add: "35 feet or less" on a line immediately below "Any height" and on the same line as "Arterial street" and "30"

Section 12.6-7(a)(8); the following change is made:

Delete: "vehiclar"

Add: "vehicular"

Section 12.6-7(c); the following change is made:

On pages 4658—4660, the "Units" column should be in strict numerical order vertically. (i.e., 1—160). The "Net sq. ft. per parcel" column should be also changed accordingly.

Section 12.6-8; the following change is made:

Delete all of Section 12.6-8 and replace with the following language:

"12.6-8. Definitions. As provided for in Section 3.2."

Section 12.6-9; the following change is made:

Delete all of Section 12.6-9.

Section 12.6-10; the following change is made:

Delete all of Section 12.6-10.

Section 12.10A.6. ( passim ); the following changes are made:

"East-West Tollway" is now designated as "Interstate 88"

(This change should be made throughout Appendix A.)

Section 12.10A.8; the following is added:

Insert "and/" after "Permitted" and immediately before "or" (line 1).

Section 12.11B.6.a.; the following change is made:

Delete "(AZO p. 69)" (p. 4684, line 29)

10.

Section 12.11B.6.b.; the following change is made:

Delete "(AZO p. 69)" (p. 4684, line 36)

11.

Section 14.5-4.1.; the following change is made:

Delete: "to" after "required" (p. 4704, second line from the bottom of page)

Add: "by"

12.

Section 14.6-10; the following change is made:

In the section caption, delete "user"

Add: "use".

STATE OF ILLINOIS
COUNTIES OF KANE AND DUPAGE
CITY OF AURORA

CERTIFICATE

I, Eva M. Rodgers DO HEREBY CERTIFY, THAT I am the City Clerk of the City of Aurora, Kane and DuPage Counties, Illinois, and as such officer I have the lawful power and duty to keep an index and record of all proceedings of the City Council of said City, and of all Resolutions and Ordinances presented to or passed by said City Council.

I DO HEREBY FURTHER CERTIFY, THAT the foregoing documents are true and correct copies contained in the City of Aurora Code Book, and that the contents in Code Book are complete and current, that 088-71, Adopting and Enacting a New Code of Ordinances with Exhibit "A", was passed by the City Council by a unanimous vote. Passed by the City Council and approved and signed by the Mayor on, June 21, 1988, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the City of Aurora, in the State and Counties aforesaid, this 28th day of June, 1988.

/s/ Eva M. Rodgers City Clerk

                    
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