04-O-34
ORDINANCE
AN ORDINANCE GRANTING A SPECIAL USE FOR UNIQUE USE
LOCATED IN ELK GROVE TOWNSHIP AS AUTHORIZED BY
THE COOK COUNTY ZONING ORDINANCE
WHEREAS, the owner of certain property located in Elk Grove Township described in Section 1, herein, has petitioned the Cook County Board of Commissioners for a Special Use for Unique Use permit in the R-4 Single Family District for the storage of landscaping vehicles and related equipment from owner's landscape business behind existing single family residence with a wooden fence enclosure; and
WHEREAS, the said petition was received by the Zoning Board of Appeals of Cook County as Docket #7649 and a public hearing was held in regard to said request after due notice, all in accordance with the Cook County Zoning Ordinance and the Statutes of the State of Illinois; and
WHEREAS, the Zoning Board of Appeals entered detailed findings in accordance with the standards set forth in the Ordinance recommending that the Cook County Board of Commissioners grant said applications for a Special Use for Unique Use permit; and
WHEREAS, it is the determination that said request be granted in accordance with the recommendations of the Zoning Board of Appeals.
NOW, THEREFORE, BE IT ORDAINED, by the Board of Commissioners of Cook County, Illinois:
Section 1: That a Special Use for Unique Use for the storage of landscaping vehicles and related equipment from the owner's landscape business behind existing single family residence with a wooden fence enclosure in the R-4 Single Family Residence District is hereby authorized as set forth the in the findings and recommendations of the Zoning Board of Appeals.
LEGAL DESCRIPTION
Lot 12 (except the North 210 ft.) in William Lumpp's Devon Ave. Farms Subdivision of Part of the South 1/4 of Section 33, Township 41 North, Range 11, East of 3rd Principal Meridian, in Cook County, Illinois.
commonly described as approximately .938 acre, located on the north side of Devon Avenue, approximately 200 feet west of Ridge Avenue, in Elk Grove Township.
Section 2: That the Special Use for Unique Use located in the R-4 Single Family Residence District as mentioned in Section 1 of this Ordinance is hereby authorized.
Section 3: That this Ordinance under the provisions of Section 13.8.9 of the Cook County Zoning Ordinance be in full force and effect from and after its passage and approval, except that if said use is not established within one year as provided in Section 13.8.14 said Special Use for Unique Use shall be null and void. That said property be developed and constructed pursuant to the detailing set forth in the testimony and contained in the exhibits and findings of the Cook County Zoning Board of Appeals hereby incorporated by reference into this Ordinance, as provided by law.
Approved and adopted this 8th day of September 2004.
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04-O-35
ORDINANCE
Sponsored by
THE HONORABLE CARL R. HANSEN, COUNTY COMMISSIONER
Co-Sponsored by
THE HONORABLE JOAN PATRICIA MURPHY, JOSEPH MARIO MORENO,
PETER N. SILVESTRI AND LARRY SUFFREDIN, COUNTY COMMISSIONERS
Amending Chapter 18
of the Cook County Ordinances
WHEREAS, the County of Cook is a home rule unit of local government pursuant to Article VII, section 6(e) of the 1970 Illinois Constitution, and as such may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the Board of Commissioners has adopted an ordinance entitled The Children’s Curfew Ordinance for the protection of minors residing within Cook County and for the overall protection of the public health, safety, comfort and welfare; and
WHEREAS, the Board of Commissioners of Cook County desires to amend The Children’s Curfew Ordinance by adding provisions which establish certain defenses to prosecution under The Children’s Curfew Ordinance that the Board of Commissioners deems necessary and appropriate.
NOW, THEREFORE, BE IT ORDAINED THAT:
Section 4, Enforcement of The Children’s Curfew Ordinance is hereby deleted in its entirety and replaced with the following:
Chapter 18
CURFEW
18-1. Title 18-4. Defenses; Enforcement
18-2. Definitions 18-5. Penalties
18-3. Curfew
Title
18-1. SECTION 1. The title of this ordinance is The Children’s Curfew Ordinance.
Definitions
18-2. SECTION 2. (a) Child - Any person, male or female who has not reached their seventeenth birthday is considered, for purposes of this ordinance only, to be a child or children as the case may be.
(b) County - The word County, when used in this ordinance means any unincorporated area or territory of Cook County, Illinois, and does not include any incorporated city, village, or town lying in whole or in part within the territory of Cook County, Illinois.
Curfew
18-3. SECTION 3. It shall be unlawful for any child as defined in section 2 (a) of this ordinance to be upon any public place in the County between the hours of 11:30 o’clock P.M. Friday and 6 o’clock A.M. Saturday, or between the hours of 11:30 P.M. Saturday and 6 o’clock A.M. Sunday, or between the hours of 10:30 P.M. and 6 o’clock A.M. on any other day of the week, unless accompanied by, and in charge of a parent, guardian, or other proper companion of the age of twenty-one years or more, or unless engaged in some occupation or business in which such child may lawfully engage under the statutes of the State of Illinois.
Enforcement
18-4. SECTION 4. Any sheriff, deputy sheriff, constable, deputy constable, or other duly authorized law enforcement officer of the County of Cook, finding a child or children violating the provision of Section 3 of this ordinance shall warn the child or children to desist immediately from such violation and shall promptly report the violation to his superior officer, together with the name or names and address or addresses of the child or children and parents or guardians of said child or children, and said superior officer shall cause a written notice to be served upon the parent, guardian or person in charge of such child or children, setting forth the manner in which this ordinance has been violated.
Defenses; Enforcement
18-4. SECTION 4. It is a defense to prosecution under Section 3 of this ordinance that the child was:
(a) on an errand at the direction of the child’s parent or guardian, without any detour or stop;
(b) in a motor vehicle involved in interstate travel;
(c) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(d) involved in an emergency. In this subsection the term “emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life;
(e) on the sidewalk abutting the child’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the child’s presence;
(f) attending an official school, religious, or other recreational activity supervised by adults and sponsored by the County, a civic organization, or another similar entity that takes responsibility for the child, or going to or returning from, without any detour or stop, a official school, religious, or other recreational activity supervised by adults and sponsored by the County, a civic organization, or other similar entity that takes responsibility for the child;
(g) exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(h) married or had been married or had disabilities of minority removed in accordance with law.
Before taking any enforcement action under this section, any sheriff, deputy sheriff, constable, deputy constable, or other duly authorized law enforcement officer of the County of Cook shall ask the apparent offender’s age and reason for being in the public place. The law enforcement officer shall not issue a citation or make an arrest under this section unless the law enforcement officer reasonably believes that an offense has occurred and that, based upon any response and other circumstances, no defense in subsections (a) through (h) is present. If the law enforcement officer believes that an offense has occurred and that, based upon any response and other circumstances, no defense in subsections (a) through (h) is present, the law enforcement officer shall warn the child or children to desist immediately from such violation and shall promptly report the violation to his superior officer, together with the name or names and address or addresses of the child or children and parents or guardians of said child or children, and said superior officer shall cause a written notice to be served upon the parent, guardian or person in charge of such child or children, setting forth the manner in which this ordinance has been violated.
Penalties
18-5. SECTION 5. Any parent, guardian or person in charge of a child or children violating the provisions of this ordinance, who, within a period of one year from the date of the violation, shall knowingly permit such child or children again to violate the provisions of this ordinance, after receipt of the first violation notice served pursuant to Section 4 of this ordinance, shall be fined not less than five dollars nor more than one hundred dollars for each offense.
Approved and adopted this 8th day of September 2004.