TITLE 7
LAKE TAYLORVILLE
CHAPTER 1
GENERAL LAKE PROVISIONS
SECTION:
7-1-1: Definitions
7-1-2: Buildings and Structures
7-1-3: Permits, Licenses and Leases
7-1-4: Lots and Campsites
7-1-5: Business Regulations
7-1-6: Enforcement
7-1-7: Violations and Penalties
7-1-1: DEFINITIONS:
The following words and terms used in this Title shall have the meanings respectively ascribed to them in this Section:
   CITY: The City of Taylorville, Christian County, Illinois.
   CITY-APPROVED LIFE JACKETS OR LIFE PRESERVERS: A Coast Guard- approved life preserver, life belt, ring buoy, buoyant vest or buoyant cushion in good and serviceable condition. Approved devices are identifiable by the "Laboratory/U.S.C.G." inspection labels and numbers.
   CITY-OWNED CRAFT: Any craft owned or operated by the City for any purpose whatsoever.
   CUSTODIAN: Refers to any lessee of any marginal land for residential, business, recreational or other purpose.
   CRAFT: Means and includes any boat, raft, canoe, barge or vessel not permanently attached to the shore.
   DAM: The earth, concrete, rock and steel structure built by the City on and across the South Fork of the Sangamon River, located in Section 36, Township 13 North, Range 2 West of the Third Principal Meridian, in Christian County, Illinois.
   DISTANCE: The shortest distance between two (2) points in question, and where one of the designated points is in an involved line (such as the shoreline, etc.), then distance shall be determined as measured at right angles to such line to the other point in question.
   DRAINAGE AREA: The entire area of land and water that drains into the Lake or into the South Fork of the Sangamon River south of the dam or any tributary or other stream above the public water supply dam.
   HIGH-WATER LINE: The contour in and around the Lake known as six hundred feet (600') above sea level, referred to the United States government elevations, as obtained from the bench marks established in or near the Lake.
   INTAKE: The place where the water supply for the City is taken from the Lake. (Ord. 1918, 7-16-79)
   INTAKE TOWER: The upright concrete tower wherein the intake is located and wherein the dewatering flume gate is located and upon which the intake and gate controls are located, all of which is founded on the Lake bed immediately southwest of the west end of the spillway extending upward out of the water with markings thereon showing the normal pool level of the Lake as five hundred ninety feet (590') above sea level. (Ord. 1918, 7-16-79; 1991 Code)
   LAKE: The artificial Lake and the waters impounded therein by means of a public water supply dam as defined in this Section's definition of "dam", and includes any structure heretofore or hereafter constructed within the topographical contours of six hundred feet (600') above sea level as determined by the City from its engineering surveys, which is ten feet (10') above the normal pool of water so impounded therein.
   LAKE TAYLORVILLE: All the lands and appurtenances thereto, around or in possession of the City in connection with the Lake either below or above the water impounded therein.
   MARGINAL LAND: The land owned or controlled by the City adjacent to the shoreline and not flooded by waters of the Lake.
   NORMAL POOL: The contour in and around the Lake known as five hundred ninety feet (590') above sea level, referred to the United States government elevations, as obtained from the bench marks, established in or near the City or the Lake.
   PERSON: The feminine as well as the masculine when applicable, and also the plural as well as the singular when applicable. It also includes firm, company, partnership, group, association, club, organization or other entity.
   RECREATIONAL AREAS: Any area in, on or near the Lake allocated by the City for recreational purposes, and such recreational purposes may vary, one from the other, as designated by the City.
   SHORELINE: The extended point where the plain of the surface waters of the Lake touches the land. (Ord. 1918, 7-16-79)
   SPILLWAY: That portion of the dam constructed with concrete, stone and steel, approximately three hundred feet (300') long in an east and west direction and located as the east portion of the dam, on and over which the Lake water runs at or above normal pool level of five hundred ninety feet (590') above sea level as measured and marked by the City's engineers. (Od. 1918, 7-16-79; 1993 Code)
   WATERCOURSE: Any stream, natural, artificial or constructed channel, ditch, slope, spring, well, excavation, gully, draw or depression of any kind, in which water flows continuously or intermittently over any part of the drainage area, directly or indirectly, into any part of the Lake. (Ord. 1918, 7-16-79)
7-1-2: BUILDINGS AND STRUCTURES:
   A.   Compliance With Provisions: No building or other structure, whether for habitation or otherwise, including any dock, wharf, pier, launching device, jetty, boathouse, stationary raft or anchored raft shall be constructed, altered, used or maintained on Lake Taylorville property except as provided in this title. (Ord. 1918, 7-16-1979)
   B.   Single-Family Residential Dwellings In The Pines Subdivision; Restrictions:
      1.   Modular Homes Prohibited: No person shall construct or erect any modular home on any lot at the Pines Subdivision at Lake Taylorville.
      2.   Single-Family Residential Dwellings: Only single-family residential homes shall be allowed to be constructed at the Pines Subdivision on Lake Taylorville.
         a.   (1) No residence shall be erected on lots 1 through 6 inclusive unless the ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than two thousand (2,000) square feet for a one-story dwelling, nor less than one thousand two hundred (1,200) square feet for a dwelling of more than one story; provided, however, that the second story shall be not less than eight hundred (800) square feet, making a total of not less than two thousand (2,000) square feet in the case of a dwelling of more than one story. Basements do not constitute a story.
            (2)   No residence shall be erected on lots 7 through 9 inclusive unless the ground floor area of the main structure, exclusive of one-story open porches and garages, is not less than one thousand seven hundred (1,700) square feet for a one- story dwelling, nor less than one thousand two hundred (1,200) square feet for a dwelling of more than one story; provided, however, that the second story shall be not less than six hundred (600) square feet, making a total of not less than one thousand eight hundred (1,800) square feet in the case of a dwelling of more than one story. Basements do not constitute a story.
         b.   No building shall be located on any lot nearer to the front line thereof than forty feet (40') therefrom, said distance being measured from said front lot line to the foundation of said building. No single-family residence shall be located nearer to any interior lot line than ten feet (10') therefrom. For the purpose of this covenant, eaves, steps and open porches shall not be construed to permit any portion of a building on one lot to encroach upon any other lot or property. Each dwelling must include an attached two (2) or three (3) car garage and a driveway of concrete or asphalt.
      3.   Compliance With Provisions; Building Plans: No person, firm, corporation or other entity shall violate the above or any other building restrictions or covenants contained in the subdivision documents of the Pines Subdivision final plat approved by the city council, and no building permit shall be issued for construction until the landowner submits building plans which show compliance with the terms of this subsection and any other building restrictions or covenants which pertain to the Pines Subdivision, Taylorville, Illinois.
      4.   Variance, Change Or Amendment: No owner or owners of any lot in the Pines Subdivision shall be entitled to any variance, change or amendment to the recorded final plat of the Pines Subdivision nor shall be entitled to resubdivide any lot therein unless and until such owner(s) first obtains the affirmative vote of at least three-fourths (3/4) of the city's corporate authorities, including the city council and the mayor. (Ord. 2672, 11-21-1994)
7-1-3: PERMITS, LICENSES AND LEASES:
   A.   Applications: All applications for permits or licenses provided for shall be directed to the city.
Each custodian of marginal land and each holder of any permit, license or lease shall state his address on the application thereof, and unless so changed at the city clerk's office, such address shall be deemed to be the address of such applicant for the service of any notice or process accordingly.
   B.   Permits, Licenses And Leases May Be Numbered: All such permits, licenses and leases may be numbered by the city as a matter of identification thereof.
   C.   Nontransferability: All permits, licenses and leases herein provided for that may be issued by the city shall not be transferable in any way, but all benefits which may be derived therefrom shall accrue only to the person to whom the permit was originally issued by the city.
   D.   Revocation Of Permit, License Or Lease: Each permit, license or lease, whether or not issued for a consideration, shall be subject to revocation by the city, unless otherwise expressly provided, whenever the holder of such permit, license or lease in any way violates or permits the violation of any law, ordinance, rule or regulation for the regulation, care, protection or control of the lake, drainage area or the water supply of the city. (Ord. 1918, 7-16-1979)
7-1-4: LOTS AND CAMPSITES:
   A.   Lease Of Lake Lots; Conditions:
      1.   The City may lease lake lots on a seasonal basis. Effective January 1, 2014, only one lake lot lease per household will be allowed, with City residents being given first priority. Lake lot leases shall commence as of April 1 and shall terminate on October 31 each season. The Lake Superintendent shall designate the lake lots and all lake lot site boundary lines and attend to the administrative requirements in the lease of the lots. The rental fee shall be five hundred dollars ($500.00) for the current season. The required security deposit for the current season shall be three hundred dollars ($300.00). The terms and the conditions of the lake lot lease agreement for the current season and each season thereafter and the amount for such rental fee and security deposit for the current season and each season thereafter shall be established and designated in the form of the lake lot lease agreement as may be approved by the City Council from time to time by motion adopted by majority vote of the City Council. (Ord. 3787, 1-3-2017)
Prior to the City's execution of any lease agreement for a lake lot, the prospective tenant shall pay the City Clerk a ten dollar ($10.00) fee for preparation of each additional lease agreement because such prospective tenant failed to return to the City the lease agreement previously furnished to said prospective tenant.
A "waiting list" for available lake lot leases shall be posted at the lake's marina office. Such "waiting list" shall be posted by the Lake Superintendent by July 23 of each year. The Lake Superintendent shall also maintain a list of lake lots available for lease. The names of persons posted on such "waiting list" shall be effective from such July 23 through July 22 of the following year. A new "waiting list" shall be posted each July 23 and the name of each person on the prior "waiting list" shall be removed unless the Lake Superintendent receives a written notice from such person, between July 1 and July 22, that his or her name is to remain on the new "waiting list". Once a person has leased a lake lot, his or her name shall be removed from such "waiting list".
Any person desiring to lease an available lake lot may post or cause to be posted his or her name on such "waiting list". Any unleased lake lots as of April 2 of each year and lake lot leases which are not renewed within five (5) working days after April 1 of each year shall become available for leasing first to those persons whose names are posted on such "waiting list" in the order of priority in which their name was posted.
Each year the Lake Superintendent shall designate a date for leasing the remaining available lake lots to the general public. Lake lots shall not be held or reserved but may only be secured by executing the required lease agreement and by paying the required rent.
If a person is a tenant (lessee) on an existing lake lot lease, such person may not lease another lake lot until and unless such person first relinquishes said existing lease. All fees for the new lease shall be paid upon execution of the new lease. Reimbursement of funds, if any, associated with the said relinquished lease will be refunded at the direction of the Lake Superintendent.
It shall be the responsibility of the potential lessees to make themselves aware of lake lots available for lease. The Lake Superintendent shall not be responsible nor obligated to contact those persons whose names are posted on such "waiting list".
In the event any lake lots remain unleased as of July 23 of a season, the City may lease those remaining lots for the remainder of that season for one-half (1/2) of the full seasonal charge according to the "waiting list".
      2.   No more than one camper, trailer, recreational vehicle or other camping facility shall be placed on a lake lot; provided, however, that one additional camper, trailer, recreational vehicle or other camping facility shall be permitted to locate on a lake lot for a period not to exceed seven (7) days with the written registration per directive of the Lake Superintendent or designated official. The additional camper, trailer, recreational vehicle or other camping facility shall be permitted to locate on a lake lot but must be removed from lake property for no less than fourteen (14) days before being allowed back on any lake property. "Camping facility" as set forth herein, shall not include tents. No more than two (2) tents (not to exceed 10 feet by 10 feet each in size) shall be placed on a lake lot. Only the lot lessee either in person or over the phone can complete the written registration with an employee of the marina office during the marina's working hours. The registration form will include no less than the following: lake lot number, name of lot lessee, name of person visiting with the second camping facility, description and license plate number of the visiting facility, and date of arrival and scheduled departure. It will be the lessee's responsibility to ask the name of the employee completing the form over the phone to avoid any misunderstandings if a problem would arise.
      3.   Notwithstanding anything to the contrary in this section, if a lease is terminated because of default(s) of tenant as set forth in the lake lot lease agreement or the campground lease agreement, then tenant, any immediate family member of tenant (as defined in such lease agreement), and any person who resides with tenant anywhere and at any time on the date of or after such default shall not be entitled or eligible to be put on the aforesaid waiting lists, as established from time to time, for any lease of any City lake lot or campground site for a period of one full calendar year following the year during which occurred the effective lease termination date or of its nonrenewal or nonextension; and such person(s) shall be placed last (on the bottom) on such waiting list(s) only upon becoming thereafter eligible and after written notification to the Lake Superintendent. (Ord. 3659, 2-3-2014)
   B.   Lease Of Campground Sites; Conditions:
      1.   The City may lease campground sites on a seasonal basis. Effective January 21, 2014, only one campground site lease per household will be allowed, with City residents given first priority. Campground site leases shall commence as of April 1 and shall terminate on October 31 in each season. The Lake Superintendent shall designate the lake lots and all lake lot site boundary lines and attend to the administrative requirements in the lease of the campground sites. The rental fee shall be seven hundred thirty five dollars ($735.00) for the current season or one hundred five dollars ($105.00) per month for the current season. The required security deposit for the current season shall be three hundred dollars ($300.00). The terms and conditions of the campground lease agreement for the current season and each season thereafter and the amount for such rental fee and security deposit for the current season and each season thereafter shall be established and designated in the form of the campground lease agreement as may be approved by the City Council from time to time by motion adopted by majority vote of the City Council. (Ord. 3787, 1-3-2017)
Prior to the City's execution of any lease agreement for a campground site, the prospective tenant shall pay the City Clerk a ten dollar ($10.00) fee for preparation of each additional lease agreement because such prospective tenant failed to return to the City the lease agreement previously furnished to said prospective tenant.
A "waiting list" for available campground sites shall be posted at the lake's marina office. Such "waiting list" shall be posted by the Lake Superintendent by July 1 of each year. The Lake Superintendent shall also maintain a list of campground sites available for lease. The names of persons posted on such "waiting list" shall be effective from such July 1 through June 30 of the following year. A new "waiting list" shall be posted each July 1 and the name of each person on the prior "waiting list" shall be removed unless the Lake Superintendent receives a written notice from such person, between June 15 and June 30, that his or her name is to remain on the new "waiting list". Once a person has leased a campground site, his or her name shall be removed from such "waiting list".
Any person desiring to lease an available campground site may post or cause to be posted his or her name on such "waiting list". Any unleased campground site as of April 2 of each year and any campground sites which are not renewed within five (5) working days after April 1 of each year shall become available for leasing first to those persons whose names are posted on such "waiting list" in the order of priority in which their name was posted.
Each year the Lake Superintendent shall designate a date for leasing the remaining available campground sites to the general public. Campground sites shall not be held or reserved but may only be secured by executing the required campground lease agreement and by paying the required rent.
If a person is a tenant (lessee) on an existing campground site lease, such person may not lease another campground site until and unless such person first relinquishes said existing lease. All fees for the new lease shall be paid upon execution of the new lease. Reimbursement of funds, if any, associated with the said relinquished lease will be refunded at the direction of the Lake Superintendent.
It shall be the responsibility of the potential lessees to make themselves aware of campground sites available for lease. The Lake Superintendent shall not be responsible nor obligated to contact those persons whose names are posted on such "waiting list".
In the event any campground sites remain unleased as of July 23 of a season, the City may lease those remaining campground sites for the remainder of that season for one-half (1/2) of the full seasonal charge according to the "waiting list".
      2.   No more than one camper, trailer, recreational vehicle or other camping facility shall be placed on a campground site; provided, however, that one additional camper, trailer, recreational vehicle or other camping facility shall be permitted to locate on a campground site for a period not to exceed seven (7) days with the written registration per directive of the Lake Superintendent or designated official. The additional camper, trailer, recreational vehicle or other camping facility shall be permitted to locate on a campground site but must be removed from lake property for no less than fourteen (14) days before being allowed back on any lake property. "Camping facility" as set forth herein, shall not include tents. No more than two (2) tents (not to exceed 10 feet by 10 feet each in size) shall be placed on a campground site. Only the lot lessee either in person or over the phone can complete the written registration with an employee of the marina office during the marina's working hours. The registration form will include no less than the following: campground site number, name of campground site lessee, name of person visiting with the second camping facility, description and license plate number of the visiting facility and date of arrival and scheduled departure. It will be the lessee's responsibility to ask the name of the employee completing the form over the phone to avoid any misunderstandings if a problem would arise.
      3.   Notwithstanding anything to the contrary in this section, if a lease is terminated because of default(s) of tenant as set forth in the lake lot lease agreement or the campground lease agreement, then tenant, any immediate family member of tenant (as defined in such lease agreement), and any person who resides with tenant anywhere and at any time on the date of or after such default shall not be entitled or eligible to be put on the aforesaid waiting lists, as established from time to time, for any lease of any City lake lot or campground site for a period of one full calendar year following the year during which occurred the effective lease termination date or of its nonrenewal or nonextension; and such person(s) shall be placed last (on the bottom) on such waiting list(s) only upon becoming thereafter eligible and after written notification to the Lake Superintendent. (Ord. 3659, 2-3-2014)
   C.   Leasing For Winter Storage: The City may lease lake lots and campground sites in designated areas for winter storage purposes. The winter storage period for lake lots shall be November 1 through the following March 31. The winter storage for campground site leases shall be from November 1 through the following March 31. The Lake Superintendent shall designate the winter storage lots or sites and the lot and site boundary lines and attend to the administrative requirements in the winter storage leasing of the lake lots and campground sites. The rental fee for the winter storage for each lake lot or campground site shall be payable in advance and shall be two hundred fifty dollars ($250.00) for the current season. The amount of the winter storage fee for the current season and each season thereafter shall be established and designated in the form of the lake lot lease agreement and/or in the campground lease agreement as may be approved by the City Council from time to time by motion adopted by majority vote of the City Council. (Ord. 3787, 1-3-2017)
The winter storage rental fee shall apply to docks on the ground of the lake lot or campground site, docks wholly or partially in the lake, house trailers, mobile homes, trailer coaches, dwelling units, bus or recreational vehicles, campers, trailers, tents, camping facilities, storage structures, decks, porches, patios, and anything else located on the lake lot or campground site which does not belong to the city, during the above mentioned winter storage time periods.
   D.   City Residents Given Priority: The city, in leasing or renting lake lots or campground sites, shall give preference to residents of the city. Only one lake lot or campground site lease will be allowed per household.
   E.   Garbage And Trash Disposal: Lessees of the lake lots or campground sites, their families and guests shall place all garbage, rubbish, cans, bottles, debris and other trash in receptacles provided by the city. The failure of a lessee, his family and guests to comply with this provision shall be deemed to create a public or private nuisance, and such lessee, his family and guests may be prohibited from further use of the lake lot or campground site and shall forfeit all site rights to such lease. The lease monies received from said lessee by the city shall be forfeited by the lessee and retained by the city as liquidated damages. (Ord. 3659, 2-3-2014)
   F.   Holding Tanks For Lake Lots And Campsites:
      1.   Tenants of lake lots or campsites may install and maintain, at tenant's own expense, one underground human waste sanitation sewer holding tank or concrete holding tank on the lake lot or campsite leased by such tenant or tenants provided all of the following terms and conditions are first satisfied:
         a.   Such holding tank or concrete holding tank must be constructed of reinforced fiberglass or of thermoplastic or of reinforced plastic and such construction and installation, maintenance and removal thereof shall fully comply with all the requirements as set forth in the Illinois department of public health private sewage disposal licensing act and code; and the rules and regulations promulgated thereunder, all as now enacted or hereafter amended.
         b.   Such holding tank or concrete holding tank must have a capacity of at least seven hundred fifty (750) gallons.
         c.   A permit to install and maintain such holding tank or concrete holding tank must be obtained by such tenant or tenants (if there is more than 1 tenant of such lake lot or campsite) from the Christian County health department approving the installation and maintenance of such holding tank.
         d.   Such tenant or tenants must give at least a five (5) day written prior notification to the lake superintendent of the date such holding tank or concrete holding tank is to be installed and include with such notification a signed copy of said Christian County health department permit and satisfactory proof of full payment for such holding tank.
      2.   Any such holding tank or concrete holding tank must be installed in accordance with said Christian County health department permit and all applicable federal, state, county and city laws, statutes, ordinances, rules, and regulations.
      3.   Any such holding tank or concrete holding tank shall become the sole property of the city immediately upon installation of such holding tank. Following such installation, such tenant or tenants shall provide satisfactory proof to the lake superintendent that all such installation costs have been fully paid. Such tenant or tenants shall, jointly and severally, be obligated to and shall, at their own expense, maintain such holding tank or concrete holding tank in good repair and operating condition during the term of such lease. (Ord. 3687, 10-6-2014)
   G.   Overnight Camping:
      1.   The city may lease campsites for overnight camping and the fees for same shall be twenty dollars ($20.00) per night. (Ord. 3357, 12-3-2007)
      2.   In the event a person/entity wishes to reserve overnight camping in advance, overnight camping can be reserved by the person/entity placing reservations with the city of Taylorville by providing the city of Taylorville with a check in the sum equal to the first overnight stay plus a five dollar ($5.00) nonrefundable reservation fee. The check must be made payable to the "City of Taylorville". If the reservation check does not include the correct fee, the check will be returned to the drawer and no effective reservation will be recognized.
      3.   If a reservation is canceled two (2) days before the arrival date, the canceling party will receive the first night's lease fee, but the canceling party will forfeit the nonrefundable reservation fee. If a reservation is canceled less than two (2) days before the arrival date, the canceling party forfeits the first night's lease and the nonrefundable reservation fee. (Ord. 3270, 2-6-2006)
   H.   Alcohol And Illegal Drugs, Etc., Prohibitions On Lake Lots Or Campgrounds:
      1.   For purposes of this subsection H, the term "illegal drugs" shall mean any substance illegal under the laws of the state of Illinois and/or the federal government and shall include, but is not limited to, any controlled or counterfeit substance or controlled substance analog or any methamphetamine manufacturing chemical, or the salt of an optical isomer of methamphetamine or an analog thereof, or cannabis, as those terms are defined or referred to in the Illinois controlled substance act 1 or the cannabis control act 2 or the controlled substance and cannabis nuisance act 3 all as now enacted or hereafter amended.
      2.   If under the age of twenty one (21) years, the tenant of any lake lot or campground lease agreement shall not sell, give, deliver, consume, or possess any alcoholic beverages on the leased premises. The tenant, regardless of age, of any lake lot or campground lease agreement shall not cause or permit or allow the sale, gift, delivery, consumption or possession of any alcoholic beverage(s) on the leased premises by any person or persons under the age of twenty one (21) years.
      3.   The tenant of any lake lot or campground lease agreement, regardless of age, shall not sell, give, serve, deliver, store, consume, manufacture, produce, grow, cultivate, use, or possess any illegal drugs or any illegal drugs contraband or paraphernalia on the leased premises. Such tenant, regardless of age, shall not cause or permit or allow the sale, gift, serving, delivery, storage, consumption, manufacturing, production, growing, cultivation, use or possession of any illegal drugs or any illegal drug contraband or paraphernalia on the leased premises by any person or persons.
      4.   For purposes of this subsection, if the tenant of any lake lot or campground lease agreement or any person or persons is or are determined by the lake superintendent or his representative, or by any law enforcement officer to be or has been in violation of any of the terms of this subsection H, then such determination shall be conclusively deemed a default and violation under the terms and provisions of such tenant's lake lot or campground lease agreement, unless such tenant shall prove to the lake superintendent's satisfaction that such violation was by a person who was a trespasser on the leased premises and not expressly or impliedly invited or permitted upon the leased premises by such tenant or any of such tenant's guests, invitees, licensees, agents or employees. (Ord. 3128, 7-7-2003)
   I.   Cabin Rental Rate:
      1.   The city may rent cabins at Lake Taylorville, and the rental rate shall be fifty dollars ($50.00) per rental unit for Sunday through Thursday, and fifty five dollars ($55.00) per rental unit on Friday, Saturday, and holidays. (Ord. 3493, 12-6-2010)
   J.   Disabled Veterans Camping Privileges: Disabled veterans of the United States military shall be allowed, on a first come, first served basis and upon proof of military service connected disability, free access to the handicapped accessible cabin or to an overnight camping site or to a tent camping site not to exceed a total of two (2) weekends each season (i.e., April 1 to October 31 of each year) for any selection or combination of such cabin and/or sites. (Ord. 3624, 7-1-2013)
   K.   Storage Sheds Constructed Or Located On Lake Lots And Campground Lots:
Lessees of lake lots and campground lots shall be allowed to construct or locate one vinyl storage shed not to exceed a size of eight foot by ten foot (8' x 10') on their lake lot and/or campground lot. Prior to doing so, the lessee shall obtain approval of the lake superintendent or his designee of such storage shed and the requested area where such storage shed will be located on the lessee's lake lot or campground lot; and, in addition, lessee shall first purchase a ten dollar ($10.00) prelocation inspection fee permit from the lake department.
In the event that a lessee constructs or locates such storage shed on the lessee's lake lot or campground lot without first paying for and obtaining such ten dollar ($10.00) prelocation inspection fee permit, the lessee will have ten (10) days following demand of the lake superintendent or his designee to pay for and obtain a ten dollar ($10.00) inspection fee permit and shall move such storage shed to another location on or off the lessee's lake lot or campground lot as may be required or approved or directed by the lake superintendent or his designee.
If such permit is not obtained within such ten (10) day period, or such storage shed is not moved to the location as designated, approved or directed by the lake superintendent or his designee within ten (10) days after issuance of such permit, then the lessee shall immediately permanently remove such storage shed from lessee's lake lot or campground lot immediately upon demand of the lake superintendent or his designee.
The lessee shall at all times secure such storage shed with tie downs or with some other alternative means as may be approved by the lake superintendent or his designee from time to time. Lessee shall not use or allow or permit such storage shed to be used as a living habitat for anything or anyone, including, but not limited to, any human or animal. If such storage shed is used for such purpose, the lessee shall permanently remove such storage shed from such lake lot or campground lot immediately upon demand of the lake superintendent or his designee. (Ord. 3632, 8-19-2013)
7-1-5: BUSINESS REGULATIONS 4 :
   A.   Businesses Regulated: Unless duly authorized, in writing, by the city, no person shall maintain or operate any garage, restaurant, confectionery, refreshment parlor, dance hall, motel, club, inn, place of amusement for hire, store or stand for the sale of merchandise. Any license issued by the city shall be kept conspicuously posted in such place of business or establishment.
   B.   Peddling And Soliciting Prohibited: No person shall beg, solicit alms or do anything pertaining to soliciting, peddling or hawking in the lake area. (Ord. 1918, 7-16-1979)
7-1-6: ENFORCEMENT:
   A.   The city may appoint and employ such number of special policemen, deputy sheriffs and deputy game wardens to act as police officers, who may be known as "lake police", as the city may determine to be necessary to enforce the provisions of this title and to protect the city property or the property of other persons on the lake or on the marginal lands in connection therewith and for the preservation of the peace generally.
   B.   The lake superintendent 5 , specifically, is designated a conservator of the peace 6 and is empowered as a lake policeman under this section.
   C.   The city lake guards are hereby appointed and designated as special policemen, who may be known as "lake police", under the direct supervision of the lake superintendent, and shall have the limited powers to issue citations for violations of the provisions of this title and to protect the city property or the property of other persons on the lake or on the marginal lands in connection therewith and for the preservation of the peace generally. Such city lake guards shall not, however, carry any firearms, or other weapons in the performance of his or her duties. Such city lake guards shall not, by virtue of their designation as special policemen or "lake police", be included within any union membership organized for the city's police department. (Ord. 2689, 4-3-1995)
7-1-7: VIOLATIONS AND PENALTIES:
   A.   Except as otherwise specifically stated elsewhere in this title or code, any person violating any of the provisions of this title, or any term(s) or provision(s) of the aforesaid lake lot lease or campground site lease, shall be subject to a minimum fine of two hundred dollars ($200.00) for each violation, and the maximum fine shall be the sum of seven hundred fifty dollars ($750.00) for each violation, plus all court costs. Such fine or fines and costs shall be penal in nature and shall not include any civil damage or damage to city property or property in the city's possession or to another person's property situated on the lake or on the marginal lands thereto. Each day that the condition or act in violation of this title shall remain or continue shall be deemed, on the part of the person guilty of such violation, to be a separate and distinct offense. Each offense shall be punished as provided by this title or as is provided by law or both. In the event of lease termination, no deposits or fees will be refunded.
Anyone in violation of subsection 7-1-4A2 or B2 of this chapter shall be subject to a written warning for the first offense, a fine in the sum of two hundred fifty dollars ($250.00) for the second offense, termination of lake lot or campsite lease for a third offense plus all court costs. In the event of lease termination, no deposits or fees will be refunded. Violations will accrue over a twelve (12) month period beginning on the date of the first violation. (Ord. 3427, 6-1-2009)
   B.   In addition to subsection A of this section, any person violating any provision of this title or any term(s) or provision(s) of the aforesaid lake lot lease or campground site lease, shall become liable for all damages and all expenses thereby caused to the city or any other person by reason of such violation in addition to the criminal penalties provided. (Ord. 3196, 9-20-2004)

 

Notes

1
1. 720 ILCS 570/101 et seq.
2
2. 720 ILCS 550/1 et seq.
3
3. 740 ILCS 40/0.01 et seq.
4
1. See also title 3 of this code.
5
1. See title 1, chapter 9, article H of this code.
6
2. 65 ILCS 5/3.1-15-25.