(A) All provisions of this Section, except where expressly otherwise provided, shall apply to Jaycee Lake reservoir and Lake Miller reservoir and the marginal lands adjacent thereto.
(1) No building or structure, whether for habitation or otherwise, including but not limited to any dock, shall be constructed, altered or maintained within the waterline of the reservoir, unless a permit in writing therefor based upon a written application setting forth the location, specifications and intended use thereof, shall be granted by the City of Mt. Vernon.
(2) No person not an authorized employee of the City shall make any connection with, uncover, alter or disturb any raw water pipe or main, or any filtered water line or main, conduit, electric wire or line, sewer or other utility constructed or maintained by the City and between the reservoir dam and said City limits, or open any manhole, intercepting chamber of any appurtenance thereof without first obtaining a written permit from the City based upon a written application setting forth the location and nature of the work to be done, together with a description thereof or copy of plans or specifications therefore of the contemplated connection or alteration and a depositing with the City such a sum of money as the City shall estimate will fully cover all damage of any kind which may be caused by the connection or alteration or filing an appropriate bond, guaranteeing restoration, in form, amount and with surety, as approved by the City, if requested by the City to do so.
(B) After said alteration or connection has been completed, the City Engineer shall be notified in writing and allowed to inspect the work done and thereafter the sewer, water pipe or main, conduit, electric wire or line, manhole or intercepting chamber shall be immediately restored to as good a state or condition as prior to the doing of said work, to the satisfaction of the City or by the City, as the City may elect. If the completion of the restoration be without expense to the City and to its satisfaction, the sum deposited shall be refunded but if any of the work be done by it, the City shall certify the actual expense incurred and shall refund to the holder of the permit the difference, if any, between the amount deposited and the amount certified; in the event the amount so certified shall be in excess of said deposit, the holder of the permit shall immediately pay said excess to the City.
(C) No person shall place, throw, discharge or cause to be discharged, any sewage, garbage, waste, saltwater, oil, oil and gas well products, or other polluting substance into the reservoir or into any natural or artificial watercourse or open or covered sewer, ditch, tile or drain flowing directly or indirectly, continuously or intermittently, into the reservoir; no person shall construct any open or covered sewer ditch, tile or drain or make any change therein or connected therewith so as to cause any pollution or polluting substance to flow into or reach more quickly, the reservoir.
(D) No person shall cause or permit any domestic livestock or poultry to run at large upon the reservoir or marginal lands of another. Any livestock or poultry found at large may be taken up by the City and sold to pay the expense of taking, keeping, advertising and selling such livestock or poultry, and to pay all damage incurred by the City of its property by such livestock or poultry. No livestock, animal or poultry shall be allowed to stand, wallow, wade, or swim or be washed or watered in the reservoir.
(E) No person shall upon the reservoir or upon any marginal land by violent or tumultuous or obstreperous conduct or by loud and unusual noises disturb the peace nor shall any person upon the reservoir or any marginal land use profane, obscene or offensive language calculated to provoke a breach of the peace, nor shall any person assault, strike or fight with another, with or without his consent, or permit any such condition in or upon any premises upon the marginal land leased, possessed or controlled by him.
(F) No clothing, bedding, carpet, vehicle, receptacle, utensil or article that tends to pollute the water shall be washed in the reservoir.
(G) No person shall willfully, maliciously or negligently break, deface, injure, or destroy any property upon the reservoir or the marginal land, whether such property is owned by the State, County, City, or other governmental body or owned by any private person firm, or other association. No person upon the reservoir or upon the marginal lands shall throw or cast any stone or missile upon any public property or upon private property of another or at any other person.
(H) (1) No person shall enter into or upon any lot or parcel of ground which has situated thereon any building or structure or which is occupied for residential purposes, and while on such lot or parcel of ground look into any door, window or aperture in such building or structure without the consent of the owner, lessee or occupant thereof. No person shall intrude or enter upon the enclosed premises of another or willfully or needlessly walk, ride, or drive upon any lawn, grass plot, flower garden or other property of another without the consent of the owner, lessee or occupant.
(2) No person shall enter into or upon any lot or parcel of ground nor upon any marginal land without the permission of the owner, lessee, or person in control of said land. No person shall intrude or enter upon any dock, boathouse, or boat of another without the consent of the owner thereof. No person shall fasten any trot line, any boat or other item to any dock, structure, post, tree or other item owned or leased by another or upon the property owned or leased by another without the consent of the owner or lessee. No person shall place any trot line, throw line or similar device within 25 feet of the shoreline of the reservoir; provided nothing herein shall prohibit an owner or lessee and their permitted guests from fishing with a pole or poles from a dock or from land adjacent to the shoreline owned or leased by him.
(I) No person shall knowingly or intentionally appear nude or in a state of nudity in a public place, all as defined within § 130.05 of the Revised Code of Ordinances.
(J) No person shall place or maintain upon the reservoir any houseboat or water craft with sleeping accommodations or water craft constructed, occupied or intended for use as a temporary or permanent residence. No person shall permit or allow or use any boat, vessel, or other floating device, except for a water craft as defined and licensed by the State of Illinois; in addition, paddle boats are permitted; inner tubes, air mattresses, and similar devices are prohibited. No person shall permit or allow or engage in the use of or racing of model boats or similar devices of any type upon any portion of the reservoir. Boating of any kind or character is prohibited in the reservoir at the spillway and within 50 feet thereof.
(K) No person shall stock or place any fish or other aquatic life and within the reservoir, except commercially purchased minnows for fishing and except fish first caught from said reservoir which are being returned to the reservoir and except as permitted by resolution of the City Council or as permitted within any license or lease granted by the City Council.
(L) No person shall use the marginal land, except pursuant to a lease or license authorized by the City Council; use of marginal land shall be in strict conformance with any applicable lease or license.
(M) No person shall allow or engage in the racing of water craft or in the careless or reckless operation of any boat or water craft upon the reservoir.
(N) No person shall permit or allow or engage in any ice skating, ice cutting, ice fishing, or other ice activities upon the reservoir, except as permitted within a license or lease granted by City Council; nor shall any person allow or operate any snowmobile, off-road vehicle or any vehicle or device upon any iced over portion of the reservoir.
(O) No person shall permit or allow or engage in any hunting; nor shall any person, except a law enforcement officer in the performance of his duties, discharge any rifle, shotgun, pistol or other firearm, unless permitted by resolution of the City Council or unless otherwise permitted in writing by the City Council.
(P) No person shall use or permit or allow use of the reservoir or of any marginal land for any business, commercial, industrial, agricultural, or irrigation purpose. Watering of lawns and gardens, use of the reservoir as a private domestic water source, and similar restricted residential use of the reservoir is permissible pursuant to a duly authorized lease or license, unless otherwise restricted or prohibited by City. Nothing herein shall prohibit the current licensee, Mt. Vernon Gun and Sportsmens Club, from leasing boats not to exceed ten (10) in number to its members nor from charging its members a fee for use of its camping facilities or from charging its members a membership fee.
(Q) No person under 10-years of age may operate any boat or craft. Persons at least 10-years of age and less than 12-years of age may operate a boat or craft only if they are accompanied on the boat or craft and under the direct control of a parent or guardian or person at least 18-years of age designated by a parent or guardian. Persons at least 12-years of age and less than 18-years of age may operate a boat or craft only if they are accompanied on the boat or craft and under the direct control of a parent or guardian or a person at least 18-years of age designated by a parent or guardian or if such person between the ages of 12 and 18 is in possession of a boating safety certificate issued by the Department of Natural Resources, Division of Law Enforcement, authorizing the holder to operate motorboats. Violations of this subparagraph done with the knowledge of a parent or guardian shall be deemed a violation by the parent or guardian.
(R) No person shall operate or place upon the reservoir any boat or craft larger than 20-feet in centerline length, except a pontoon boat may be 24-feet in length; provided that any lessee of marginal land or owner of real estate immediately adjacent to the waterline of the reservoir may place upon the reservoir a pontoon boat not to exceed 28-feet in length if the certificate of title for said pontoon boat evidences that said lessee or owner owned the pontoon boat prior to the effective date of this Ordinance.
(S) No person shall operate, or cause to be operated, any boat or craft equipped with a motor or internal combustion engine, regardless of whether such motor or engine be temporarily or permanently attached to said boat or craft, on any of the waters of the reservoir, unless such motor or engine is equipped with an efficient muffler, in good working order and constant operation so as to prevent excessive noise and annoying smoke. No outboard motor or internal combustion engine shall be deemed equipped with an efficient muffler, unless the exhaust gases are discharged under water or are muffled as to be not noisier or more annoying than an internal combustion engine of like power equipped with an underwater exhaust.
(T) No person shall use on any boat or craft on the waters of the reservoir with a muffler cut-out or any device whatsoever that operate to discharge exhaust gases or any motor or engine without such gases passing through an efficient muffler.
(U) No person shall operate any boat or craft at a speed greater than thirty-five (35) miles per hour between the hours of sunrise and sunset upon Jaycee Lake reservoir nor greater than twenty-five miles per hour between the hours of sunrise and sunset upon Lake Miller Reservoir. No person shall operate any boat or craft at a speed greater than five miles per hour between the hour of sunset and sunrise. The speed limit at the spillway and boat ramp and within 100 feet of each shall be 5 mph at all times. No boat or craft shall be operated at a speed that creates a wake within any area marked with a buoy and designated as a no-wake area. Any cove marked with a buoy at its entrance shall be a no wake area; other no wake areas may be designated and marked by the City Manager.
(V) No boat or craft of any kind or character shall be operated on the reservoir unless it carries for each occupant an adequate life preserver (personal flotation device) for each person especially designed for that purpose; each person under the age of 13-years shall wear a life preserver when an occupant of a boat or craft when said boat or craft is underway. No person shall participate or engage in water skiing (if otherwise permitted) except when wearing an adequate life preserver, provided, however, that the City Council may from time to time upon Jaycee Lake authorize water skiing exhibitions or performances without the use of life preservers. All boats or crafts shall be equipped with all safety equipment as required by the Illinois Boating Act and approved by the U.S. Coast Guard.
(W) No person shall engage in the business of renting boats for hire or carrying passengers for hire on the reservoir, except as may be authorized by special concession granted by the City.
(X) No persons required to be licensed by the laws of Illinois now and hereafter, shall take, catch, or attempt to take or catch any species of fish, frogs or turtles without a State of Illinois Fishing License in full force and effect, issued to said person and in his possession; all persons shall strictly adhere to the Game and Fish Code of the State of Illinois and the amendments thereto; in addition, all persons shall observe and adhere to all valid fishing restrictions and regulations enacted or authorized by the City Council within this Ordinance. The privilege of fishing the reservoir or any part thereof may be suspended by the City at any time whenever such suspension shall be deemed proper to conserve aquatic life or to prevent any tendency to pollute the waters of the reservoir, or to promote the improvement or convenient maintenance, or control of said reservoir, or any part thereof. The posting of any authorized sign shall suspend the privilege of fishing at such location. All persons using the waters of the reservoir for fishing purposes shall so use the same as not to create any unsanitary condition in or about said water or so as to pollute or make any part of the waters unwholesome or unfit for use. No person shall conduct, sponsor or permit or participate in any fishing tournament or contest upon the reservoir except as authorized by resolution or ordinance of the City Council.
(Y) Any person picnicking or making other use of the reservoir shall keep the reservoir and premises clean and neat, and shall pick up and remove in a sanitary manner all paper, garbage, rubbish and debris, and before leaving the premises and shall put out any fire by him made. No person shall deposit or place any paper, can, garbage or litter into the reservoir.
(Z) No person shall upon the reservoir or the marginal lands permit any dog owned, kept or controlled by such person to be or run at large within any street, sidewalk or other public place unless such animal shall wear a good and substantial muzzle; nor shall any person permit any cat or other animal be or run at large within any street, sidewalk or public place. No person shall allow or permit any dog, cat or any other animal owned, kept or controlled by such person to be at large and to go upon the private premises of another person. Any dog or cat found or other animal running at large may be taken up by the City and if not promptly called for may be destroyed or otherwise disposed of, all without liability on the part of any officer performing such duty, or the City. No person shall permit or allow any dangerous, fierce or ferocious dog owned, kept or controlled by such person to annoy or endanger any other person. Any dog which shall bite or injure any person or shall destroy or injure any other animal is hereby declared to be nuisance and shall be taken up and impounded. Any person who shall be the owner, keeper or in control of the dog and shall know or be notified that such dog has bitten or injured any other person so as to cause an abrasion of the skin shall deliver such dog for impoundment shall cause such dog to be chained and confined not less than two weeks. If any such dangerous, fierce or vicious dog cannot be safely taken up and impounded it shall be slain by any law enforcement or rabies control officer of the City and if any such dog having been slain shall have bitten or caused an abrasion on any person, the carcass of such dog shall be delivered to the rabies control officer.
(AA) No person shall ride, park or use any 3-wheeler, 4-wheeler, motorcycle, dirt bike, motor bike, off-road vehicle, snowmobile, or other similar motor vehicle upon any marginal land, except mowing and maintenance equipment operated by City personnel or persons specifically authorized by resolution or ordinance of the City Council; provided, however, that a motorized device (such as a wheelchair or golf cart) which is actually used solely to accommodate a physically impaired person is not prohibited. Nothing herein shall prevent use of a private drive improved as a roadway for access to marginal land or for parking, but said private drive shall not be used as a riding track or for repetitious recreational riding.
(BB) No fireworks or balloons shall be lighted or set off upon the reservoir or upon any marginal land, except as may be permitted in writing by the City Council. No fire shall be lighted or used except at such places as may be designated by the City for such purpose and except by any lessee, his family and guests on the parcel of marginal land leased to such lessee by the City.
(CC) No person shall willfully, maliciously, or negligently cut, break, climb on, carry away, conceal, transfer, tamper with, mark upon, or in any way injure, damage, or deface the reservoir dam or any tree, shrub, plant, or any hydrant, regulating device, transformer, meter, wire, wiring, pole, or any fence, wall, bridge, railing, bench, building, or other structure of any kind or property, or take down, alter, mar, move, injure, destroy any sign, trail marker, placard, notice, post, pile or buoy posted or placed by the City or authorized to be posted or placed by the City or drive any motor car, vehicle, boat or craft in such a manner as to cause the same to collide with, run against, strike or cause to strike, injure or deface or damage any such property, but custodians of the marginal land surrounding said reservoir may make changes and improvements as permitted in their leases from the City.
(DD) No person shall solicit alms or do anything pertaining to soliciting, peddling or hawking. The erection or maintenance of any sign or bill, poster, the posting or placing of any advertising poster, placard, or card, or the distributing of any advertising matter by handbills, or otherwise, except regulatory signs posted by City, is prohibited.
(EE) No person shall make an ascent in any balloon, aeroplane, hydroplane or any other device or any descent in any aeroplane, balloon, hydroplane or any flying device or parachute without a written permit from the City, except in a declared emergency. No person shall go upon any portion of the reservoir or marginal land where a sign or notice, posted or authorized to be posted by the City, prohibit same.
(FF) (1) No building or structure or anything erected or constructed on the face thereof or in any way connected therewith, shall extend into, upon or over any boulevard, road or parkway unless a written application setting forth the location and specifications of the encroachment shall have been made. No person shall move any building on, along or across, or obstruct or excavate in any road unless a permit in writing therefor shall have been procured from the City, based upon a written application setting forth the dimensions of the building to be moved and its contemplated route. or the location or nature and specifications of the proposed excavations or obstructions and upon depositing with the City such a sum of money as the City shall estimate will cover all damages to the roadway, trees, shrubs, grass, lamp posts and other property and improvements upon said road, or upon filing appropriate bond to guarantee such complete restoration as requested by the City.
(2) After said work shall have been completed, the road, grass, trees, shrubs, lamp posts and other property and improvements shall be immediately restored to their former condition by the holder of the permit to the satisfaction of the City or by the City, as the City may elect. If restoration be made without expense to the City, and to its satisfaction, the sum deposited shall be refunded, but if any of the work be done by it, the City shall certify the actual expense incurred and shall refund to the holder of the permit the difference, if any, between the amount deposited and the amount so certified by the City; in the event the amount so certified should be in excess of said amount deposited, the holder of the permit shall immediately pay such excess amount to the City.
(GG) Any walk, opening, excavation, projection or obstruction which shall be constructed, erected, placed or maintained in or upon any road, contrary to any of the provisions of any Ordinance of the City, may be filled up, removed or abated by the City at the expense and risk of the person constructing, erecting, placing or maintaining the same.
(HH) All persons shall obey all official signs and traffic signals and police officers of the City. The display of unauthorized traffic signs and signals is prohibited.
(II) No vehicle shall be driven except upon roadways and parking places constructed or designated by the City for such use and except by any lessee or permittee of lessee upon lands leased to said lessee.
(JJ) No vehicle shall be permitted to stand in any of the following places except when necessary to avoid conflict with other traffic or to comply with the directions of any police officer.
(1) Where parking or standing is indicated to be prohibited by an authorized sign.
(2) In any intersection or crosswalk.
(3) Upon the roadway of, or approaches to, any bridge or the impounding dam forming the reservoir.
(4) At any place where the standing and parking of a vehicle shall block the use of any walk or driveway.
(5) At any place where the standing and parking of a vehicle will tend to obstruct the flow of a single line of traffic in each direction or cause either of such lines of traffic to veer from its course in the center of the roadway.
(6) Upon any marginal land, except that a lessee or licensee or permittee of same may park upon the premises subject of his lease or license.
(KK) No person shall drive a motor vehicle upon any road or driveway at a speed greater than is reasonable and proper, having regard for the traffic and the use of the way and so as not to endanger the life, limb, or injure the property of any person. The City from time to time may designate the maximum rate of speed on all roads, based on the location, nature and amount of traffic on the same and shall erect suitable signs indicating such maximum rates of speed. If the rate of speed of any motor vehicle operating on any road shall exceed the rate of speed designated for said location, said rate of speed shall be prima facie evidence that the person operating such motor vehicle was running at a rate greater than is reasonable and proper, having regard for the traffic and the use of the highway.
(LL) No person shall make, aid or countenance or assist in making any improper noise, racket, disturbance, breach of peace, or anything tending to a breach of the peace or be guilty of any disorderly or offensive conduct or collect or assemble any body or group of persons for any unlawful purpose or for the annoyance or disturbance of any other person or persons or the damage or destruction of property of the City or of any other person.
(MM) No person intoxicated by alcohol nor any person under the influence of any unlawful drug shall appear or remain be present upon the reservoir or upon any other public place or upon the private premises of another without the owner’s consent.
(NN) No person shall interfere with or in any manner hinder any employee or agent of the City while engaged in any work or the improvement, care or supervision of the reservoir.
(Prior Code, Art. 33, § 33b)