(A) Incorporation. The preambles in the ordinance codified herein are hereby incorporated herein by this reference as if set out in full at this place.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AQUATIC LIFE. All fish, reptiles, amphibians, crayfish and mussels.
PERSON. Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity.
RESERVOIR. Any body of water including, but not limited to, all ponds, lakes, streams, channels, creeks and any other tributaries.
(C) Rules of construction. The language of this section shall be interpreted in accordance with the following rules of construction:
(1) The singular number includes the plural number, and the plural number includes the singular;
(2) The word “shall” is mandatory; the word “may” is permissive; and
(3) The masculine gender includes the feminine and neuter.
(D) Fishing and non-fishing restrictions and regulations.
(1) To the extent not inconsistent or in conflict with this section, all State of Illinois fishing and aquatic regulations are, except as provided hereinafter, incorporated herein by reference and are made a part hereof, including but not limited to all the provisions of the Fish and Aquatic Life Code, ILCS Ch. 515, Act 5, §§ 1 et seq. (the “Code”), but expressly omitting the provisions contained in ILCS Ch. 515, Act 5, §§ 10-5 to 10-140 (Limits; Seasons; Methods of Taking) and ILCS Ch. 515, Act 5, § 20-35 (Offenses), and all guidelines, policies, restrictions and regulations enacted by the Illinois Department of Natural Resources (“DNR”), as amended.
(2) All persons upon property that is subject to any applicable park rules and regulations in effect shall comply with those rules and regulations. In addition to any rules or regulations herein specified, all persons fishing within any reservoir shall comply with all posted rules and regulations, which shall be posted at any applicable reservoir.
(3) No person shall take, catch or attempt to take or catch, any fish in any reservoir by any method whatsoever except by hooks attached to a single line. The use of any seine of any character, or any dip, hook, fyke, gill, pounder or basket net or any trap for the taking of aquatic life is hereby prohibited except as herein provided. The use of snares, spears, gigs or firearms for the taking or catching of aquatic life is hereby prohibited, except that all fish species of carp, buffalo, sucker and carpsucker may be taken by gig or pitch fork.
(4) It shall be unlawful to use, set or place or control any bank lines, bank poles, limb lines, trotlines, snag lines, fishing jugs or any similar devices.
(5) All fish caught shall be quickly released back into the reservoir and in such a manner that the fish is likely to survive and in accordance with all catch and release regulations, policies and guidelines established by the DNR, as amended.
(6) Swimming and all related activities are prohibited in any reservoir.
(7) No person shall deposit, cause or permit to be deposited, any debris or other materials, including but not limited to any construction materials, concrete, trees, brush, weeds, soil or paint into any reservoir or any adjacent areas owned by the village nor shall any person cover, disturb or destroy any village maintained property on or near any reservoir.
(8) No animals of any kind or clothing or other articles shall be washed in any reservoir.
(9) All persons using any reservoirs for fishing purposes shall use the same so as not to create any unsanitary conditions in or about the reservoirs or so as not to pollute the waters and make them unwholesome or unfit for use.
(10) Except for any permitted activities hereunder, no persons shall skate or otherwise be upon the water or ice of any reservoir for any purpose, including but not limited to the following: ice fishing; water skiing; and snowmobiling.
(11) It shall be unlawful for any person near any reservoir to do any act in such an unreasonable manner as to alarm or disturb another person and/or to provoke a breach of the peace.
(12) Fishing on any reservoir shall be restricted to residents of the village, Jackson Township and members of the Jackson Township Sportsman’s Club.
(13) Nothing in this section, including any portion thereof, shall prevent anything done or caused to be done by the village or any other governmental entity in protecting, maintaining or preserving any reservoir or the aquatic life therein.
(E) Enforcement. Any law enforcement officer or other authorized agent of the village may enforce this section against any person who shall violate any of the provisions contained or referenced herein. Any citation issued hereunder shall be in writing and shall:
(1) State the name of the person being cited and the person’s address, if known;
(2) Set forth the specific section or applicable provisions contained within this section, any applicable administrative code or any other regulations referenced in divisions (D)(1) and (2) above;
(3) State the amount to be paid to the village due to that violation and shall identify the location and date by which to make payment for the violation; and
(4) State that on failure to pay the amount of the citation in the time allowed as herein provided, that person will be subject to prosecution by the village.
(Ord. 739, passed 10-6-2003)