Metro East Sun

The city of Fairview Heights Administration Committee met Aug. 10 discuss decrease in crime.

Here are the meeting's minutes, as provided by the committee:

--- '1 Committee Members: Dennis Baricevic Roger Lowry Brenda Wagner Pat Peck Denise

Williams A G E N D A D M I N I S T R A T I O N C O M M I T T E E Wednesday, August

10, 2016 – 7:00 p.m. Council Chambers Fairview Heights City Hall 10025 Bunkum Road

Public Participation Approval of Minutes: July 13, 2016 Law Enforcement Alderman

Denise Williams, Chairman 1. State of the Police Department Report 2. Proposed Crime

Free Rental Housing Amended Ordinance 3. Proposed Nuisance Parties and Social Gatherings

Ordinance 4. Proposed amendment to Liquor Code adding an article regarding Mass

Gatherings Finance Alderman Roger Lowry, Chairman 1. Bill List Review 2. Consider

approval of a proposal from SCI Engineering to perform a mine exploration study

in the amount of $92,400.00 on 72 acres located on IL Route 159 North 3. Perrin

Road Phase II – Storm Sewer Easement Page 1 THE CITY OF FAIRVIEW HEIGHTS ADMINISTRATION

COMMITTEE MINUTES Wednesday, July 13, 2016 – 7:00 p.m. City Council Chambers 10025

Bunkum Road, Fairview Heights, IL Public Participation None Approval of June 15,

2016 Minutes Motion and second were made to approve the June 15, 2016 minutes by

Alderman Brenda Wagner/Alderman Pat Peck. The motion carried by voice vote and was

unanimous. Law Enforcement Committee Alderman Brenda Wagner, Acting Chairman State

of the Police Department Report Chief Gailius presented his written report to the

Committee for review. Towing Company Fees Staff was asked to research the police-ordered

towing fees because of complaints Aldermen have been receiving. Staff recommends

that if the city is going to regulate the fees we should also consider other rules

by which the tow operators should function. Three towing companies were present

for questions. Staff presented a proposed ordinance and proposed resolution for

the committee to review. Under Section 12, #3, committee would like to add that

the fees would be reviewed annually by staff. Motion and second were made to forward

the amended ordinance to council for approval by Alderman Pat Peck/Alderman Dennis

Baricevic. The motion carried by voice vote and was unanimous. Motion and second

were made to forward the proposed resolution to council for approval by Alderman

Roger Lowry/Alderman Dennis Baricevic. The motion carried by voice vote and was

unanimous. Nuisance Parties and Gatherings Captain Locke gave a recap on the party

that took place on July 4th at a private residence that grew to an estimate of 250

people and overflowed onto roadways and neighbors yards. Complaints were received

that the police did not do enough to alleviate the problem in a timely Committee

Members in attendance –Brenda Wagner, Dennis Baricevic, Roger Lowry, Pat Peck, and

Mayor Mark Kupsky (Ex-Officio Member) Committee Members absent – Denise Williams

Other Aldermen and Elected Officials in attendance – Pat Baeske, Bill Poletti, and

Karen Kaufhold Staff in attendance – Chief of Police Nick Gailius, Captain Chris

Locke, Director of Finance Gina Rader, Director of Land Use & Development Tim Tolliver,

and City Attorney Representative Jim Gehrs Recorder – Becky Short Page 2 manner.

The police must balance lawful assembly/1st amendment rights with a neighbor’s right

to peace. The review of actions of the on duty police officers showed they acted

properly. Discussion was held about adding language to our code to help the police

officers to better control for nuisance parties. Stop Sign Request – Wolfhollow

at Timberpoint & Stop Sign Request – Harbor Woods at Northshore Motion and second

were made to forward the stop sign request at Wolfhollow at Timberpoint and the

stop sign request at Harbor Meadows at Northshore for approval by Alderman Pat Peck/Alderman

Roger Lowry. The motion carried by voice vote and was unanimous. Finance Committee

Alderman Roger Lowry, Chairman Bill List Review Questions were asked about Economic

Development Resources (EDR) and Thouvenot Wade and Moerchen (TWM) invoices on page

4. Motion and second were made to change the description to “Technical Services

for North 159 land” by Alderman Brenda Wagner/Alderman Pat Peck. The motion carried

by voice vote and was unanimous. Questions were asked about the invoice for coffee.

The committee will visit this item at the six month budget review. Questions were

asked about the purchase of color for the lake. The color was used to clear the

algae in the lake at Moody Park. Motion and second to approve the June Bill List

in the amount of $1,379,328.33, were made by Alderman Brenda Wagner/Alderman Pat

Peck. The motion carried by voice vote and was unanimous. Grass Maintenance Agreement

– Land Use Director Tolliver presented a grass maintenance agreement with Schildkneckt

Lawn Care to the committee for review. Alderman Baricevic asked that #7 of the agreement

be removed. Motion and second to forward the amended grass maintenance agreement

with Schildkneckt Lawn Care to council for approval were made by Alderman Brenda

Wagner/Alderman Dennis Baricevic. Motion carried by voice vote and was unanimous.

Discussion regarding mosquito fogger Director Tolliver briefed the committee about

the mosquito fogger and the mosquito spraying. The fogger the city has been using

is no longer operable. The cost of a new fogger is estimated at $10,000. Tolliver

reached out to surrounding cities and most are not spraying for mosquitos. The consensus

of the committee is to not replace the fogger at this time. Adjournment 8:55 p.m.

Submitted By: ___________________________ Recorder Page 1 of 3 MEMORANDUM DATE:

August 4, 2016 TO: ELECTED OFFICIALS FROM: Chief Nick Gailius SUBJECT: POLICE DEPARTMENT

– MONTHLY REPORT FOR JULY 2016 AGENDA TOPICS: The Department is working on the following

that need to be discussed at the upcoming Law Enforcement Committee meeting. We

would like action or input from Committee on these issues: ? Crime Free Rental Housing

Ordinance: The City began a Crime Free Rental housing program in 2008. This highly

successful program trains and equips landlords and property managers to improve

safety and reduce crime on their premises. The program includes training seminars,

licensing requirements, and requirements for the landlords and property managers

to include crime free lease addenda to their rental and lease agreements. This is

handled by a part time Crime Free Housing Coordinator who works through the police

department. The police department, the Clerk’s office, and the City Attorney’s office

worked closely on improving the ordinance regarding this program, as there are some

changes needed to the ordinance supporting the program. These changes fall, generally,

into three categories: o Administrative changes regarding licensing and registration

through the Clerk’s office; o Recommended changes based on issues encountered in

the years we have conducted the program. o Changes necessary because of new state

laws concerning housing, specifically to special victims of certain crimes. The

Crime Free Housing Coordinator will be at the meeting and prepared to discuss the

proposed changes. Staff requests an ordinance to amend the current crime free housing

ordinance and replace it with the proposed new ordinance. ? Nuisance Parties and

Social Gatherings: As reported at last month’s Law Enforcement Committee meeting,

a very large gathering occurred at a residential property on the 4th of July this

year. Following complaints from neighbors regarding this party, staff has examined

options for better regulating large parties or social gatherings that become nuisances.

Two ordinances are 2 currently recommended and attached, hereto, for your consideration.

The first proposed ordinance regulates nuisance parties and social gatherings. The

second proposed ordinance regulates mass gatherings, and would be added to the current

Liquor Code. Both are attached for your review. Staff requests each proposed ordinance

be motioned to the City Council for consideration. The following is a synopsis of

police activity for July 2016. CRIME – (Through July 31, 2016) (Note: This data

is based upon unofficial statistics from the Department’s Computer Aided Dispatch

(CAD) system. It is meant to give a snapshot of crime). ? There have been 18,253

CAD activities YTD, up 4.92% from last YTD. ? On May 17th, a homicide occurred on

Ashley Drive. The Major Case Squad investigated and murder charges were filed against

two men. ? On June 28th, a stabbing occurred on Union Hill Road. The suspect has

been formally charged with Attempted Murder. ? There has been one robbery this year,

compared to six (6) last YTD. o On July 31st, a pizza delivery driver made a delivery

to an address on Toulon. Upon arriving at the address, two suspects approached the

driver and took his money and pizzas. No one was injured. This case remains under

investigation. ? There have been 448 thefts, compared to 508 last year (down 11.8%

YTD). However, there has been a 12.7% increase in business-related theft reports.

? There have 38 burglaries, compared to 33 in 2015 and 67 car burglaries (up 39.6%

from 48 in 2015). ? There have been 14 stolen vehicles, compared to 15 last year.

? There have been 32 Batteries (non-domestic), compared to 28 in 2015 YTD. ? There

have been 7,301 self-initiated police activities year-to-date, including 123 DUI

arrests (up 10% YTD), 210 fugitives, 73 cannabis possession arrests, 10 weapons

arrests, 31 drug paraphernalia arrests, and 32 possession of controlled substances

arrests. UPDATES: ? 9-1-1 Consolidation: The consolidation efforts between Fairview

Heights and O’Fallon are moving along well. A proposed governance agreement between

us has been drafted by our City Attorney, and appears near ready to be presented

to Council for consideration. Technical aspects continue to be put into place to

enable technology to be moved to OPD from FHPD. Labor concerns are near resolution.

It is our goal to be prepared to make a presentation and be prepared to present

resolutions and ordinances at the September Law Enforcement Committee for Council’s

consideration. ? Citizens Police Academy: The Police Department’s annual Citizens

Police Academy will be held again starting in early September. Citizens meet one

night a week from 6 to 9 p.m. for ten weeks to learn about modern policing issues

and techniques, specifically how their own police 3 department does business. Each

of you is invited to participate in this eye opening experience. Also, please help

spread the word on this fantastic opportunity for our residents. It is free. But,

a refundable spot reservation fee is required. ? Premise Alert Program: The Police

Department offers a Premise Alert program for Citizens who have a disability or

a special need. Through this program, an individual and/or address can be put into

the Computer Aided Dispatch system so that emergency responders have critical information

that may aid in a better response. See the attached flyer and form. ? New Equipment

Trailer: The Police Department has purchased a trailer in order to transport equipment

they may be needed in special or unusual events. This will improve our ability to

respond to both planned events and critical incidents that may come up throughout

the year. Equipment to be carried includes barricades, signs, civil unrest gear,

DUI processing equipment, portable booking equipment, and other such items. The

trailer cost about $5,100 and was paid for with department escrow funds. ? FFAMLE

Picnic: The annual FFAMLE picnic to honor police officers and firefighters is set

for Wednesday September 28th at 6:30 p.m. at Moody Park. I hope you are able to

attend. END OF REPORT BY: NICHOLAS J. GAILIUS Police Chief PREMISE ALERT What is

the Premise Alert Program? The Illinois Premise Alert Program (Public Act 96-0788

or 430 ILCS/132) allows people with special needs to provide information to police,

fire, and EMS personnel to be stored in a database for use in an emergency situation.

The information can then be provided to responders dealing with situations involving

the special needs individuals. How does it aid those with special needs or disabilities?

The program requires public safety agencies which utilize a Computer Aided Dispatch

(CAD) system to maintain a database of those citizens with special needs. The personnel

manning the Fairview Heights Police Department Communications Center will have access

to the special needs of a given individual and will transmit that information to

first responders (police, fire, ambulance). The knowledge provided to the first

responders will aid them in assisting you based on your situation or needs in an

emergency situation or call for service. Individuals must understand that the information

provided to the Premise Alert Program will not result in any type of preferential

treatment to the individual. How do I get involved in the program? Complete the

Premise Alert Program Enrollment Form. You can access the form by clicking here

or the form may be picked up at the Fairview Heights Police Department, Fairview

Heights Fire Department, French Village Fire Department or at the Fairview Heights

Municipal Complex. Once the information is verified, the individual can be entered

into the database. The information provided will be kept confidential and used only

to provide police, fire, and EMS personnel with the information needed to deal with

situations or emergencies involving a special needs person. Who is eligible? For

the purposes of the Premise Alert program “disability” and “special needs individual”

are defined as: – “Disability” means an individual’s physical or mental impairment

substantially limits one or more of the major life activities; a record of such

impairment; or when the individual is regarded as having such impairment. – “Special

needs individuals” means those individuals who have or are at increased risk for

a chronic physical, developmental, behavioral, or emotional condition and who also

require health and related services of a type or amount beyond that required by

individuals generally. Fairview Heights Police Department 10027 Bunkum Road Fairview

Heights, IL 62208 618-489-2150 (Administration) 618-489-2159 (Facsimile) Illinois

Premise Alert Program Enrollment Form ?New ?Revised Information ?Remove Name:______________________________________________________Date

of Birth:_______________ Address:______________________________________City/State/Zip:_____________________________

?M or ?F Height/Weight:________________ HomePhone:_____________CellPhone:______________

Place of Employment/Education (if applicable):________________________________________________

Address:_______________________________________________________________________________

City/State/Zip:____________________________________Phone:__________________ What

Should Emergency Personnel be Aware of:______________________________________________

______________________________________________________________________________________

Emergency Point(s) of Contact: Name:________________________________Phone:__________________Relationship:_____________

Address:__________________________________City/State/Zip:_______________________________

*Use back of form or additional piece of paper if needed. I understand the information

given above is intended to offer guidance and provide assistance to responders in

assisting those people with special needs or disabilities in the performance of

their duties. Presenting this information does not entitle or result in preferential

treatment. The information will be kept on file for a period not to exceed two (2)

years. It is the responsibility of the undersigned to notify the department of any

changes as well as any request to maintain the information beyond this period. If

no request is made, the information will be removed from the database. The information

maintained is confidential and will be relayed to responding entities via two-way

radio, phone, computer or any means available. The undersigned verifies the above

person has a physical or mental impairment, or has or is at increased risk for a

chronic physical, developmental, behavioral or emotional condition or who also requires

health and related services of a type or amount beyond that required by individuals

generally. The undersigned is the above named individual, a family member, friend,

caregiver or medical personnel familiar with the individual. By signing, I certify

I have read and understand this form in its entirety and hereby give permission

to the Fairview Heights Police Department to enter this information into the Premise

Alert Program (PAP) Database/Computer Aided Dispatch (CAD) system. No contract or

legal right is created by this document. Printed Name: ________________________________Relationship:_________________

Signed:______________________________________Date:_______________________ RETURN

COMPLETED FORM TO THE FAIRVIEW HEIGHTS POLICE DEPARTMENT Police Department Use Only:

Date received:____________________Received By:___________________________ Date Entered

into CAD/PAP:______________Entered By:____________________ Page 1 of 12 ORDINANCE

NO. ####-2016 AN ORDINANCE REPEALING ORDINANCE NO. 1409- 2008, PASSED JULY 1, 2008

AND APPROVED JULY 2, 2008; AND AN ORDINANCE CREATING THE LICENSING AND OPERATION

OF MULTIPLE FAMILY AND SINGLE FAMILY RENTAL RESIDENTIAL DWELLINGS. WHEREAS, the

City of Fairview Heights finds that residential rental dwellings can impose special

challenges to the community, resulting in an increase in incidents of public safety

violations and criminal activity in these rental units. WHEREAS, the Crime Free

Rental Housing Program is a crime prevention program designed to develop a partnership

between the City, the police department and rental property owners, to reduce the

instances of crime, illegal drug activity and nuisances in residential rental properties;

and WHEREAS, the City of Fairview Heights desires to implement the benefits of the

Crime Free Rental Housing Program to all residential rental properties within the

City and finds it advantageous for participation and compliance to implement a Residential

Rental Licensing Program applicable to owners who operate and maintain residential

rental properties within the City; and WHEREAS, the City of Fairview Heights has

concluded that the adoption of “Residential Rental Licensing” to the City Code of

Ordinances would be in the best interests of the health, safety and welfare of the

citizens of Fairview Heights. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL

OF THE CITY OF FAIRVIEW HEIGHTS: SECTION 1. GENERAL. Page 2 of 12 A. Except as expressly

amended herein, all other provisions of the City of Fairview Heights Code of Ordinances

shall remain in full force and effect. B. If any section, subsection, subdivision,

paragraph, sentence, clause or phrase of this Ordinance or any part thereof or any

portion adopted by reference therein is for any reason held to be unconstitutional

or invalid or ineffective by any court of competent jurisdiction, such decision

shall not affect the validity or effectiveness of the remaining portions of this

Ordinance, or any part thereof or any portion adopted by reference therein. SECTION

2. DEFINITIONS. A. Residential Rental Dwelling/Residential Rental Unit - Shall include

any nonowner occupied dwelling(s) being made available to a person or persons, in

exchange for compensation or involving a mutual agreement of any kind. The Residential

Rental Dwelling/Unit shall include the entire property on which the rental dwelling

is affixed including all other buildings and structures located on the property.

For the purpose of this ordinance, residential rental dwellings/units shall also

include dwellings occupied by person(s) other than the legal owner(s), when a Contract

for Deed/Bond for Deed or other similar agreement is in effect with the owner, whether

recorded or non-recorded. B. Owner - Any person, partnership, trust, corporation,

business entity, condominium, townhouse, or homeowner’s association holding legal

title and named on the legal deed to the dwelling unit and/or the property on which

the dwelling is affixed. C. Non-Resident Owner - The owner(s) of any rental unit

whose main residence is located outside the St. Louis Metropolitan Statistical Area.

D. Local Agent – Shall include a bona-fide property management agency; a person

or persons who resides within the St. Louis Metropolitan Statistical Area and is

authorized by the (non-resident) property owner(s): 1. To act upon and make decisions

in the interest of the property in the owner’s absence. 2. Who upon request, can,

within a reasonable time, be contacted for notification or response to the property

to assist in addressing any immediate problems or emergency situation. 3. To be

contacted by the CFRH coordinator for reports of any criminal and/or calls for police

service at the property. Page 3 of 12 4. Who has the authority by the owner for

the receipt of service; notice of violation and for service of process pursuant

to the provisions of this ordinance. E. City – The City of Fairview Heights, Illinois,

including its employees, officers, agents, and authorized representatives. F. License

– A Residential Rental License issued by the City of Fairview Heights. SECTION 3.

RESIDENTIAL RENTAL LICENSE REQUIRED. A. No person, corporate or business entity,

trust, condominium, townhouse or homeowners’ association shall operate a rental

dwelling or dwelling unit unless a Residential Rental License has been issued by

the City for the rental unit. B. Exceptions – Authorized agencies operating dwelling

units for the following purposes shall not be required to obtain a Residential Rental

License: 1. Dwelling units determined by the City to be primarily involved in housing

the elderly which have a reasonable level of medical or nursing care. 2. Group homes

governed by the Specialized Living Centers Act 405 ILCS 35/1 et seq., as amended,

dealing with developmentally disabled or other similar uses governed by state or

federal laws, rules or regulations, provided such similar uses are required to be

exempt by law. This exemption shall be limited to the operating agency when the

agency is the owner of the dwelling property. An independent or private owner offering

a dwelling for rent for these purposes shall be required to obtain a Residential

Rental License issued by the City. 3. Properties that are operated primarily as

a hotel/motel. SECTION 4. RESIDENTIAL RENTAL LICENSE FEE SCHEDULE A. Single-family

(single family residences for rent) $ 50.00 / per unit Multi-family rental dwellings

(individual units for rent) $ 50.00 / per unit B. If the fees identified in Section

4(A) are not paid within thirty days of the renewal date of the Residential Rental

License, those fees shall double to – Single family (single family residences for

rent) $100.00 / per unit Multi-family rental dwellings (individual units for rent)

$100.00 / per unit. C. Multiple dwelling rental buildings will be issued one license.

The fee for each license issued will be according to the schedule defined herein.

Page 4 of 12 SECTION 5. LICENSING AND OPERATION OF MULTI-FAMILY AND SINGLE FAMILY

RESIDENTIAL RENTAL DWELLING UNITS. A) The City or its designee is hereby authorized,

upon application, to issue new Residential Rental Licenses and renewals thereof

in the names of applicant owners, condominium, townhouse, or homeowners’ associations

or operators of rental dwelling or dwelling unit. B) No license shall be issued

or renewed unless the owner, local agent or property management agency has first

made application for rental license on a form provided by the City. The City shall

develop such forms and make them available to the public. C) No license shall be

issued or renewed unless the completed application form for each building or group

of buildings is accompanied by payment of the appropriate annual license fee as

established in this Ordinance. D) Residential Rental Licenses shall be issued for

a period of one full year unless otherwise specifically provided, and the full license

fee shall be paid at the time of application. If at the time that the first application

is made there are less than six months in the license year remaining, the fee shall

be one-half the annual fee prescribed herein. The license shall not be transferable

to another owner or rental dwelling. Each new owner of the rental dwelling unit

must obtain a Residential Rental License issued in their name. All licenses shall

expire on June 30th following the issuance of the license. Exception: Licenses issued

for renewal based on an expiration date of December 31, 2016 will be issued for

a six (6) month period. The fee for a six (6) month license will be $25.00 per unit

as established by this Ordinance and will expire June 30, 2017. Thereafter, the

renewal fee will be $50.00 per unit, renewable on an annual basis, due June 30th

of each year. E) No license shall be issued or renewed if at the time of application,

the rental dwelling(s), including the property on which the dwelling(s) are affixed,

are not in compliance with the City of Fairview Heights Property Maintenance Code

(Ordinance #190, Chapter 15) as determined by the City of Fairview Heights Land

Use and Development Department. F) If during the term of the Residential Rental

License, the rental dwelling(s) fall out of compliance with the City of Fairview

Heights Property Maintenance Code, (Ordinance #190, Chapter 15) and the owner/agent

fails to make the needed repairs/corrections within the time frame established by

the City of Fairview Heights Land Use and Development Page 5 of 12 Department, the

City may recommend suspension or revocation of the residential rental license until

the dwelling unit is brought into compliance. G) Any person whose license to operate

a rental dwelling unit has been suspended or revoked, shall be entitled to an appeal

process as described in Section 9 of this Ordinance. H) It shall be a violation

of this ordinance for an owner to operate a residential rental dwelling/unit during

the time their residential rental license issued by the City is expired, suspended/revoked

or otherwise becomes invalid. I) No Residential Rental License shall be issued or

renewed for a resident or nonresident applicant, unless such applicant designates

in writing to the City the name of his local agent, manager, or contact for the

receipt of service or notice of violation of the provisions of this Chapter and

for service of process pursuant to this Chapter. J) No Residential Rental License

shall be issued or renewed for a resident applicant unless such applicant has first

designated an agent for the receipts of service violations on the provisions of

this Chapter, when the applicant is absent from the St. Louis Metropolitan Statistical

Area for 30 consecutive days or more. Such designation shall be made in writing

and shall accompany each application form. K) All persons applying for a Residential

Rental License shall complete a mandatory Crime Free Rental-Housing Seminar as described

in Section 6 of this Ordinance. 1. In the event a City of Fairview Heights Crime

Free RentalHousing Program Seminar is not available prior to obtaining the operating

license, a conditional license will be issued to the applicant prior to their completion

of a seminar. 2. The applicant must complete a seminar within six months of the

issuance of the conditional license. After the seminar is attended, a full license

shall be issued for the balance of the license term. 3. If the owner or their representative

does not attend the Crime Free Rental-Housing Seminar within six months, the conditional

license issued to the owner shall become invalid without any need of further action.

L) Upon request by the City, every owner of rental property shall provide the City

with a list of all occupants of their rental unit when the request is in response

to a bona-fide investigation of a violation of this chapter, Page 6 of 12 violation

another City of Fairview Heights Ordinance(s) or any alleged violation of the law.

The owner shall provide an update of said list at least every sixty days until which

time the investigation in question has been completed. SECTION 6. CRIME FREE RENTAL

HOUSNG PROGRAM SEMINAR REQUIRED. A) Any owner, operating a residential rental dwelling(s)

shall be required to attend and complete a City of Fairview Heights Crime Free RentalHousing

Program Seminar administered by the Fairview Heights Police Department. B) An owner

may meet the requirement of this section by attending and completing a Crime Free

Rental Housing Seminar administered by another agency authorized by the Fairview

Heights Police Department. C) The Seminar may be attended and completed by a property

manager, or an agent/representative of the owner on their behalf. In the event an

owner obtains a new property manager, agent or representative for their rental unit(s),

the new property manager, agent or representative must attend a City of Fairview

Heights Crime Free Rental Housing Seminar within six (6) months after obtaining

that position. D) Any owner, agent or designee may be required to re-attend the

City of Fairview Heights Crime Free Rental-Housing Program Seminar after two years

if the Crime Free Rental-Housing Coordinator recommends reattendance. The City,

in determining whether or not to have the person re-attend the Crime Free Multi-Housing

Program Seminar shall consider the follows: 1. If the property rented by the owner

is close to becoming a nuisance residential rental property as defined in this Ordinance,

or 2. Criminal activity is occurring on the premises and the Owner, Agent or designee

has failed to initiate eviction proceedings. E) The Crime Free Rental-Housing Coordinator,

as designated by the Chief of Police, shall provide the City with a list of owners,

agents and/or designees who have attended the City of Fairview Heights Crime Free

Multi-Housing Program Seminar, with the date of attendance and verification that

the owner, agent or designee has complied with this Page 7 of 12 Ordinance and is

eligible to obtain, maintain or renew the operating license. SECTION 7. CRIME FREE

LEASE ADDENDUM REQUIRED. No Owner of a Residential Rental Dwelling(s) may rent or

lease a Rental Dwelling, whether the rental or lease agreement is written or oral,

without requiring the tenant(s) to sign a Crime-Free Lease Addendum as part of any

lease agreement executed after the effective date of this ordinance. The Crime Free

Lease Addendum is to make criminal activity (not limited to violent criminal activity

or drug related criminal activity engaged by, facilitated by or permitted by the

renter, member of the household, guest or other party under the control of the renter)

a lease violation. The owner or their agent shall have authority under that clause

to initiate an eviction proceeding as specified in the Illinois Compiled Statutes

Forcible Entry and Detainer Statutes. Proof of criminal violation shall be by a

preponderance of the evidence. SECTION 8. NUISANCE RESIDENTIAL RENTAL PROPERTY.

A) It is hereby declared a nuisance and to be declared against the health, peace

and comfort of the City for any property owner, agent or manager, to allow or permit

the following: 1. Rental of any Residential Dwelling, or residential building within

an apartment community or governed by a homeowner’s association to a tenant who

allows any of the following offenses to occur relating to the tenant, member of

the tenant’s household, guest or other party under control of the tenant to occur:

murder, kidnapping, aggravated kidnapping, prostitution, solicitation of prostitution,

pandering, obscenity, child pornography, harmful materials, sale of obscene publication,

criminal housing management, possession of explosives, unlawful use of weapons,

sale of firearms, gambling, keeping a gambling place, concealing a fugitive, violation

of the Illinois Controlled Substances Act, violation of the Cannabis Control Act

or commission of any two or more of any other crimes under the State of Illinois

or under the Federal Government not specifically listed above; 2. Rental of any

Residential Dwelling, or residential building within an apartment community or governed

by a homeowner’s association to a tenant who allows any of the following offenses

to occur relating to the tenant, member of the tenant’s household, guest or other

party under control of the tenant to occur; commission of 4 or more City Ordinance

violations in a six month period or an unreasonably high number of calls for police

service including, but not limited to, calls that may fall within the descriptions

listed above Page 8 of 12 that when compared to other properties in the City of

Fairview Heights of similar type, reasonably indicate that the activity at this

property is out of character for the area and is negatively impacting the quality

of life of those in the area. B) For the purpose of this Section (8), a rental dwelling

owner, agent or manager allows or permits the activities listed in subsections 1

and 2 if they receive notification by any City Officer, Employee or other reliable

party that the activities have or are occurring at their rental unit(s) and fail

to take immediate corrective action. C) This Ordinance shall not be construed or

enforced in any manner which would negatively affect the tenancy of a Tenant whose

only involvement in an incident was as a victim of a crime. D) If any tenant, member

of the tenant’s household, guest, witness, or other party under control of the tenant

makes contact to police or other emergency services with the intention of preventing

or responding to: 1. An incident or incidents of actual or threatened domestic violence

or sexual violence against a tenant, household member, or guest occurring in the

dwelling unit or on the premises; or 2. Criminal activity or a local ordinance violation

occurring in the dwelling unit or on the premises that is directly relating to domestic

violence or sexual violence, engaged in by a tenant, member of a tenant''s household,

guest, or other party, and against a tenant, household member, guest, or other party;

or 3. If the contact was made by, on behalf of, or otherwise concerns an individual

with a disability and the purpose of the contact was related to that individual’s

disability, such contact shall not be construed as a violation of this Ordinance.

E) Nothing in this Section limits enforcement of Section 15.2 of the Emergency Telephone

System Act, Article 26 of the Criminal Code of 2012, or Article IX of the Code of

Civil Procedure; prohibits counties from enacting or enforcing ordinances to impose

penalties on the basis of the underlying criminal activity or a local ordinance

violation not covered by subsection D of this Section and to the extent otherwise

permitted by existing State and federal law; or limits or prohibits the eviction

of or imposition of penalties against the perpetrator of the domestic violence,

sexual violence, or other criminal activity. Page 9 of 12 SECTION 9. SUSPENSION

OR REVOCATION OF RESIDENTIAL RENTAL LICENSE. A) The Chief of Police may take or

require corrective action up to and including suspension or revocation of any license

issued hereunder if he or she determines from the report of any City officer or

City employee, or based on any other reliable available information, that the licensee

has violated this Chapter or permitted a nuisance as set forth in Section 8 of this

Ordinance to occur. Suspension or revocation shall be limited to the specific rental

units involved in violations of this chapter, unless it is reasonably determined

by the City that the revocation of the license for other or all units is required

to protect the public safety or to prevent continued violations. In the event that

the Chief of Police determines that any such license issued hereunder may be suspended

or revoked, the Chief of Police shall cause to be issued written notice to the Owner,

informing the Owner of the specifics charges for the suspension or revocation. The

Owner shall have three (3) days’ notice to appear at a revocation hearing and defend

the specific charges. B) The Chief of Police or their designee shall then issue

a written finding determining if the license issued hereunder shall be revoked or

suspended. C) Any suspension or revocation of a license may be appealed directly

to the to the Hearing Officer of the City for review and determination under such

rules as provided for appeals to the Hearing Officer under the City Zoning Ordinance,

except such appeals shall be filed within fifteen (15) days of the decision of the

Chief of Police. Such suspension or revocation may be stayed by the Chief of Police

pending the decision of the Hearing Officer unless the Chief confirms specifically

in writing that public safety may be threatened by such stay. D) Any Owner whose

Residential Rental License has been suspended may not collect rent for the Rental

Housing or units for which the suspension or revocation has been issued for the

period of time that such suspension or revocation is in effect under any lease,

lease term, or other rental agreement entered into after the effective date of this

ordinance. E) In addition to any penalties or remedies set forth in this Chapter,

the City may deny any occupancy permit or other site permit for Rental Housing for

which the Owner is in violation of this Chapter. SECTION 10. APPEALS OF LICENSE

SUSPENSION OR REVOCATION. A) Any Owner may appeal to the Hearing Officer of the

City a suspension, revocation, or denial of a Residential Rental License by the

Chief of Police. Appeal to the Hearing Officer shall be made within fifteen (15)

days of the suspension, revocation, or denial complained of by filing with Page

10 of 12 both the Hearing Officer and the Police Chief a written notice of appeal,

specifying the grounds thereof. B) Any such appeal shall be based solely upon and

shall state a claim that: (i) the true intent of this Ordinance or the rules or

regulations adopted pursuant thereto have been incorrectly interpreted, (ii) the

provisions of this Ordinance do not apply, or (iii) criminal violations sufficient

to allow for evictions under the Crime-Free Lease Addendum were not established

with the requisite standard of proof. C) A non-refundable fee shall be paid at the

time of filing of any appeal as otherwise established for appeals to the Hearing

Officer. D) Upon receiving a timely-filed notice of appeal, the Chief of Police

shall transmit to the Hearing Officer all papers constituting the record upon which

the suspension, revocation, or denial was taken. E) An appeal shall stay any suspension

of revocation appealed from, unless the Chief of Police certifies to the Hearing

Officer after the notice of appeal has been filed that by reason of facts stated

in the certificate, the stay would, in his opinion, cause eminent peril to life,

property, or public safety, in which case the suspension or revocation shall not

be stayed otherwise than by a restraining order which may be granted by the Hearing

Officer or by a Court of Record on application, or notice to the Police Chief and

on due cause shown. F) The Hearing Officer shall act upon any appeal hereunder within

thirty (30) days of receiving a timely-filed notice of appeal by conducting a hearing

upon such appeal, except such hearing may be extended to a later date upon application

to the Hearing Officer for cause. The hearing shall be conducted according to the

following procedures: 1. Hearings conducted by the Hearing Officer shall be open

to the public, held at the call of the Hearing Officer and at such times as he or

she may determine. Any interested person may appear in person or by duly authorized

agent or attorney. All testimony before the Hearing Officer shall be given under

oath. The Hearing Officer shall administer oaths and may compel attendance of witnesses.

The Hearing Officer shall keep minutes of his or her proceedings and other official

actions. The Hearing Officer shall adopt his or her own rules and procedures, not

in conflict with this Ordinance or applicable Illinois statutes. 2. The Hearing

Officer may reverse or affirm wholly or partly, or may modify or amend the suspension,

revocation, or denial appealed from to the extent and in the manner that the Hearing

Officer determines is necessary to conform with the intent and requirements of this

Ordinance. Unless otherwise required by law, no challenge to any decision subject

to this Section shall filed in any court until or unless a timely appeal has been

Page 11 of 12 filed and prosecuted to completion by the Owner as provided for in

this Section so as to establish a final appealable decision. 3. Every decision by

the Hearing Officer on an appeal hereunder shall be accompanied by findings of facts

and shall refer to any exhibits presented at the hearing upon which the Hearing

Officer’s decision is based. Such exhibits shall remain a part of the permanent

records of the Hearing Officer. The findings of facts shall specify the reason or

reasons for Hearing Officer’s decision. The terms of the relief granted shall be

specifically set forth in a conclusion or statement separate from the findings of

fact. Every decision or determination of the Hearing Officer shall immediately be

filed with the Chief of Police and the City Clerk and shall be a public record and

thereupon shall be a final decision of the City. SECTION 11. PENALTIES. A) Any person

who violates the provisions of this Ordinance or fails to comply with any lawful

order pursuant to any section of this Ordinance, upon conviction thereof, shall,

in addition to any other remedy established herein, be subject to punishment in

accordance with the general penalty for violations of ordinances of the City of

Fairview Heights, Illinois. Each day that such violation or failure to comply continues

after issuance of notice by the code official shall constitute a separate offense.

B) Any person whose Residential Rental License has been suspended or revoked shall

be deemed to be in violation of this Chapter, and in addition to any other remedies

as may be provided by law, shall be subject to any of the following: 1. A fine in

an amount of not less than $250.00 and no more than $1,500.00, per unit for each

day the violation exits; 2. Any and all civil remedies available to the City, including

any and all injunctive remedies that a court of competent jurisdiction may impose.

The City of Fairview Heights may seek to enforce this ordinance by seeking any one

or more remedies authorized under this Chapter. SECTION 12. PASSAGE. This Ordinance

shall be in full force and effect, from and after its passage, approval and publication

as provided by law. READ FIRST TIME: READ SECOND TIME: PASSED: APPROVED: Page 12

of 12 PUBLISHED: ___________________________ MARK T. KUPSKY - MAYOR CITY OF FAIRVIEW

HEIGHTS ATTEST: _________________________________ KAREN J. KAUFHOLD - CITY CLERK

Page 1 of 3 AN ORDINANCE REGULATING NUISANCE PARTIES AND SOCIAL GATHERINGS WHEREAS,

WHEREAS, NOW, ZZZ-1 DEFINITIONS Nuisance Party or Social Gathering – A gathering

of three or more persons on public or private property when, by reason of the conduct

of persons in attendance, results in any violation of the following state laws or

City of Fairview Heights ordinances: 1. Assault 2. Battery 3. Disorderly conduct

4. Obstructing a peace officer 5. Resisting arrest 6. Indecent exposure 7. Loud

or raucous noise 8. Public urination or defecation 9. Reckless conduct 10.Criminal

Damage to Property 11.Trespassing 12.Destruction of Public Property 13.Unlawful

possession or use of fireworks 14.Violations of the Cannabis Control Act, the Controlled

Substances Act, or possession of drug paraphernalia 15.Throwing of rocks, bottles,

and other projectiles 16.Unlawful Assembly 17.Littering 18.Blocking of roadway 19.Illegal

parking 20.State or local liquor code violations 21.Public intoxication 22.Encouraging

delinquency 23.Unlawful use of weapons 24.Discharge of firearms 25.Theft Page 2

of 3 26.Curfew violations 27.Open burning violation 28.Harassment or intimidation

29.Rubbish/ Garbage Nuisance 30.Encroachment 31.Noxious odors ZZZ-2 PROSECUTION

OF REQUISITE OFFENSE NOT REQUIRED The referenced laws and City ordinances in ZZZ-1

shall not be interpreted to require that prosecution of the specific charge be a

necessary prerequisite to enforce this chapter. The chapter shall not require proof

of a violation beyond a reasonable doubt. ZZZ-3 NUISANCE PARTIES PROHIBITED No person

who is an owner, occupant, tenant, or who otherwise has rightful possession or possessory

control, individually or jointly with others, of any premises shall knowingly, negligently,

or recklessly allow a social gathering on said premises to become a nuisance party

as defined by ZZZ-1, above. ZZZ-4 ORDER TO CEASE AND DISPERSE A social gathering

or party that is or becomes a nuisance party, as defined by ZZZ-1, above, shall

cease upon the order of a police officer; and all persons not residing therein at

the site of such party shall disperse immediately. No person shall knowingly or

willfully fail or refuse to obey and abide by such an order. ZZZ-5 FAILURE TO DISPERSE

(A) Whenever a police officer has probable cause to believe that a person or persons

are creating a disturbance of the peace and quiet of any person or neighborhood,

such police officer may order said person or persons not residing on the premises

to disperse for the purpose of abating the said disturbance. (B) It shall be unlawful

for any person to refuse to comply with a lawful order to disperse given by a police

officer in the performance of the officer’s duties under this section. ZZZ-6 DISORDERLY

HOUSES (A)Suppression of nuisances; disorderly houses. Any room, house, building,

structure or place, and any property kept and used in maintaining the same, Page

3 of 3 where, in violation of the ordinances of the city, unlawful or illegal acts

are committed, is hereby declared to be an unreasonable interference with the health,

safety, welfare, and property of the citizens of the city, a disorderly house, and

a public or common nuisance. Such nuisances may be restrained or suppressed by the

city in any manner provided by law, and the city attorney is hereby authorized and

empowered to take such legal action as may be necessary to restrain or suppress

such nuisances. (B) Disorderly house; maintaining. The term "disorderly house" as

used in this section shall be deemed to be any room, house, building, structure,

or premises, where unlawful or illegal acts are being committed. It shall be unlawful

for the owner, lessee, resident, manager, or proprietor of any room, house, building,

structure, or premises to knowingly collect or permit to be collected therein a

person or persons who are engaging in any unlawful act, or to knowingly make, cause,

permit, or suffer to be made therein any loud or improper noise to the annoyance

or disturbance of any person or neighborhood. (C)Inmate of disorderly house. It

shall be unlawful for any person to be an inmate of or frequent any disorderly house

as declared in subsection (b) of this section, section ZZZ-6, Disorderly houses,

with knowledge of, and participation in, the illegal activities occurring therein.

ZZZ-7 PENALTIES (A)A person who violates any section of this chapter and article

shall be fined not less than $250.00, nor more than $750.00. (B)A person, having

been previously convicted of violation of any section of this chapter and article

shall be fined not less than $500, nor more than the maximum penalty allowed by

law. Page 1 of 9 AN ORDINANCE AMENDING ORDINANCE 190, “THE REVISED CODE” CHAPTER

21 – LIQUOR BY ADOPTING NEW ARTICLES REGULATING MASS GATHERINGS WHEREAS, WHEREAS,

NOW, ARTICLE IV – MASS GATHERINGS ZZZ-1 DEFINITIONS The following words and terms,

whenever used in this section, shall be interpreted as herein provided: Fence means

any barrier or partition with principal dimensions of height and length clearly

defining the perimeters of a mass gathering and designed to control ingress and

egress. A fence shall include but not be limited to existing buildings, walls, hedges,

and structures. Mass gathering means any outdoor or open air gathering of 100 or

more persons at which alcoholic liquor is consumed, provided such alcoholic liquor

is not sold at the gathering by a person or persons holding a liquor license issued

by the City of Fairview Heights. Security guard means any person clearly identified

as security personnel, provided such person does not consume alcoholic liquor while

on duty at the mass gathering. Sponsor means to allow, permit, conduct, hold, maintain,

encourage, organize, or promote a mass gathering. Page 2 of 9 ZZZ-2 UNLAWFUL GATHERINGS

It shall be unlawful for any person to sponsor a mass gathering unless a permit

has been obtained from the City of Fairview Heights for the sponsoring of such mass

gathering. ZZZ-3 APPLICATION FOR PERMIT Written application for a permit to sponsor

a mass gathering shall be made to the Fairview Heights City Clerk or her designee.

The application may be submitted at any time, but at least 14 days prior to the

date upon which the mass gathering is to be held. Such application shall be on forms

provided by the city and shall have attached thereto plans, documents, and other

material required by this article. The application shall be forwarded to the appropriate

City of Fairview Heights personnel, including the police department personnel for

an investigation with reference to all applicable city codes and laws. The permit

application shall contain the following information: (1) The name, address, and

telephone number of the person or persons requesting the permit; (2) The name and

address of all persons acting as sponsors of the mass gathering; (3) The name, address,

and telephone number of the person acting as chairperson or otherwise responsible

for the conduct of the mass gathering; (4) The purpose of the mass gathering and

the estimated number of attendees; (5) The date or dates the mass gathering is to

be conducted and the hour or hours the mass gathering will commence and terminate;

(6) The number, type (flush type or portable chemical), and location of toilet facilities

to be provided for use during the mass gathering; (7) The name and address of any

concessionaires or vendors doing business at the mass gathering; (8) Whether any

live or recorded music will be provided ; (9) Whether alcoholic beverages will be

available or consumed at the mass gatherings; (10) A statement as to the number

and type of refuse collection containers that will be available at the mass gathering;

(11) A statement explaining the availability of adequate lawful parking within the

immediate area of the mass gatherings; (12) A statement explaining arrangements

made for the presence of any security guard(s); (13) A site plan indicating the

location of fencing and points of ingress to and egress from the mass gathering;

(14) A Page 3 of 9 statement explaining applicant''s legal interest in the mass

gathering site and submission of evidence by deed, lease, or other document verifying

such interest. ZZZ-4 CONDITIONS PRECEDENT TO GRANTING OF PERMIT No permit shall

be issued under this article unless the following conditions are met: (1) Toilet

facilities: The applicant shall provide a minimum of one toilet facility for each

75 attendees. Toilet facilities shall be located within the mass gathering perimeters

or within 100 feet thereof, and be identified as open for use by attendees. (2)

Waste management: Refuse collection containers shall be placed within the perimeters

of the mass gathering and at the point or points of egress from the mass gathering.

Containers shall be durable and non-absorbent. Heavy-weight paper or plastic sacks

designed specifically for storage or refuse may be used. The total capacity of the

containers shall be a minimum of 30 gallons for each 50 attendees. (3) Clean-up:

The applicant shall post a clean-up deposit or bond in the amount of $100.00 per

50 attendees to secure compliance with the clean-up provisions of this section.

(4) Traffic and parking control: The applicant shall have made provision for adequate

lawful parking within the immediate area of the mass gathering site so that traffic

will not be disrupted and that emergency vehicles shall have access to the site.

(5) Security and public safety: The applicant shall provide at least one clearly

identified security guard for every 50 attendees or fraction thereof approved in

the permit. Such security guard(s) shall be in attendance from one half-hour before

and until one half-hour after the time of the mass gathering, as approved for any

given day. (6) Mass gathering site: The mass gathering site shall be fenced in such

a manner so that attendees are familiar with the lawful perimeters of the site,

and also to Page 4 of 9 assist the sponsor in restricting the mass gathering to

those persons invited to attend. (7) Interest in mass gathering site: The applicant

shall demonstrate a legal interest in the mass gathering site by means of a deed,

lease agreement, or other document stating such interest. (8) No beverages served

in glass bottles will be permitted. (9) Mass gathering scheduled time will be subject

to the discretion of the chief of police, with consideration to be given to the

location of the proposed site, and absolutely no mass gathering occurring before

11:00 a.m. or to continue past 1:00 a.m. (10) Insurance coverage: The applicant

must have proof of general liability insurance coverage in an amount no less than

$300,000.00, with the City of Fairview Heights to be named as additional insured

if the event were to occur on the City of Fairview Heights''s property. ZZZ-5 ISSUANCE

OR DENIAL OF PERMIT; APPEAL (1) Issuance. The Chief of Police or his designee shall

issue a permit within 14 days following receipt of the application for a permit

if, based upon an evaluation of the information provided or information obtained

by an investigation made by the city, it is determined that the proposed mass gathering

complies with the requirements of this article, all other city ordinances, and applicable

state law. The permit issued by the chief of police or his designee shall detail

the following: a. Dates and hour of operation of the mass gathering as determined

by the chief of police or his designee pursuant to considerations of the location

of the proposed site; b. Number of attendees permitted at the mass gathering; c.

Number and location of toilet facilities required in connection with the mass gathering;

Page 5 of 9 d. Size and location of refuse collection containers required in connection

with the mass gathering; e. Notice that the permitted shall be responsible for clean-up;

f. Number and location of parking spaces or parking areas required in connection

with the mass gathering; g. Number of security guard(s) required in connection with

the mass gathering; h. Location and type of fencing required in connection with

the mass gathering; i. A list of all other permits, licenses, or registrations required

by the city in order to hold a lawful gathering; j. Notice that issuance of a mass

gathering permit does not constitute waiver of requirements imposed under other

city ordinances or state law. (2) Denial. The chief of police or his designee shall

deny a permit within 14 days following receipt of the application for a permit if

any information supplied by the applicant is false or intentionally misleading,

if issuance of a permit violates or will cause a violation of the terms of this

applicant''s lease arrangements for use of the mass gathering site, or if the proposed

mass gathering violates any of the conditions of this article, any other city ordinance,

or any applicable state law, or if the mass gathering is likely to cause significant

traffic, noise, litter, health, or disturbances of the peace, or if a mass gathering

previously sponsored by the applicant (including any members of the applicant association)

has caused significant problems regarding noise, traffic, litter, health, unlawful

possession or consumption of alcohol by minors, or disturbances of the peace or

that significant problems regarding noise, traffic, litter, health, unlawful possession

or consumption of alcohol by minors, or disturbances of the peace have occurred

at this location within the past two years. The chief may also deny a mass gathering

permit if a permit has been granted in the past year for any location within 1,500

feet of the proposed location and the chief finds that the issuance of a mass gathering

permit would unduly disrupt the quiet of the area of the proposed mass gathering.

The chief may also deny a permit if one or more such permits have Page 6 of 9 been

issued within 48 hours of the time being requested and the chief reasonable believes

that there are insufficient police resources available to monitor the mass gathering.

Such denial shall be in writing and enumerate the specific reason or reasons for

the denial. Notice of the denial shall be given to the applicant by personal service

of by U.S. mail, first class postage prepaid. (3) Appeals. The denial of a permit

by the chief of police or his designee pursuant to the provisions of this article

may be appealed to the city administrator by the applicant. Such appeal shall be

in writing, filed with the city administrator within five days of the mailing or

personal service of the decision of the chief of police or his designee and must

specify objections to the decision of the chief of police or his designee. The city

administrator or his designee shall within seven days act upon the appeal by conducting

a hearing and making a decision on such appeal. The city administrator or his designee

shall notify the applicant personally of the time and place of said hearing. If

the city administrator or his designee determines that a permit should be issued,

then he shall issue a permit. If the city administrator or his designee determines

that a permit should not be issued, then he shall inform the applicant of his decision

in writing specifying his reasons therefore. All decisions of the city administrator

of his designee shall be final and reviewable only in the courts in accordance with

applicable law. ZZZ-6 POST-GATHERING PROCEDURES (1) Clean-up. The applicant shall

be responsible for placing all refuse in appropriate containers, making it ready

for removal within 12 hours following the conclusion of the mass gathering. (2)

Post-gathering inspection. Within 12 hours following the conclusion of the mass

gathering, the chief of police shall cause an inspection to be made at the mass

gathering site to determine compliance with this section. (3) Deposit, refund, or

bond termination. If the permitted has complied with this section the chief of police

shall authorize return of the clean-up deposit or termination of the clean-up bond.

The clean-up deposit shall be returned within five days from such authorization.

Page 7 of 9 (4) Failure to comply. If, upon inspection, the chief of police determines

that the permitted has failed to comply with clean-up provisions, the chief of police

may cause trash and debris at the site to be placed in appropriate containers, making

it ready for removal. The permitted shall be responsible for the cost of such cleanup.

The city may order forfeiture of the clean-up deposit or bond and apply all or a

portion of the same towards the clean-up cost incurred by the city. (5) Clean-up

deposit or bond forfeiture. The city administrator or his designee shall, prior

to ordering forfeiture of any clean-up deposit or bond, give notice to the permitted.

Such notice shall be by regular mail. Permitted may, within five days of the mailing

of said notice, file a written request with the city administrator or his designee

for an administrative hearing. Failure to request a hearing shall result in forfeiture

of the clean-up deposit or bond. (6) Hearing. Upon request for an administrative

hearing, the city administrator or his designee shall schedule a time at which the

permitted may present evidence indicating by a preponderance of the evidence that

the permitted complied with the terms of the clean-up provisions. Reasonable notice

of said hearing shall be provided to permitted. (7) Decision. If the city administrator

or his designee determines that the permitted has met his burden of proof, then

he shall order the clean-up deposit or bond returned to the permitted. If the city

administrator or his designee determines that the permitted has not met the burden

of proof, then he shall order the clean-up deposit or bond forfeited to the city.

All decisions of the city administrator or his designee shall be final and reviewable

only in the courts in accordance with applicable law. ZZZ-7 OTHER REGULATIONS (1)

Necessity for other permits. Obtaining a permit under this article shall not excuse

any person from compliance with any other applicable statute, ordinance, or regulation,

or the necessity of obtaining any other permit or license required by law. Page

8 of 9 (2) Permit not transferrable. No permit issued under the provisions of this

section shall be transferable. Permitted present at all times. The permitted shall

be present at the mass gathering site during the entire period, from one half-hour

prior to the scheduled mass gathering time to one hour after the close of the mass

gathering, as approved for any given day. (3) Failure to comply with permit. It

shall be unlawful for any person granted a permit pursuant to the terms of this

article to violate any of the terms or conditions enumerated in such permit. ZZZ-8

REFUSAL TO OBEY ORDER TO DISPERSE Any person who refuses to obey a lawful order

of a police officer to orderly disperse from a mass gathering site shall be in violation

of this section. ZZZ-9 NO PERMIT – EFFECT No person shall knowingly participate

in or attend a mass gathering unless a written permit has been obtained from the

city administrator, chief of police, or their designee. Upon verbal notice from

a police officer of the City of Fairview Heights that no permit has been issued

for the mass gathering, any person who refuses or fails to orderly disperse shall

be in violation of this section. ZZZ-10 ADMISSION The permitted shall not admit

any person to a mass gathering if such admission results in a greater number of

persons present than allowed by the permit. ZZZ-11 PROXIMITY TO SCHOOLS, CHURCHES,

HOSPITALS, ETC. No mass gathering shall be held in a location which is closer than

100 feet from any school when in session, church of synagogue when services are

being held, hospital or Page 9 of 9 nursing home, unless such gathering is sponsored

by the affected school(s), church(es), synagogues(s), hospitals), or nursing homes(s).

ZZZ-12 PENALTY Any person violating this section shall be fined not less than $500.00

nor more than $750.00 for each offense. July Payment Approval Report 6/1/2016 -

6/30/2016 1 Vendor Merchant Invoice Invoice Invoice Amount Name Name Description

Number PO No Date Amount Paid GENERAL FUND EXECUTIVE DEPARTMENT 001-100-5-112-00

HEALTH & LIFE INS GUARDIAN LIFE INSURANCE CO City Clerk 7/26/2016 68739 7/26/2016

$ 196.83 $ 196.83 UNITED HEALTHCARE INS CO City Clerk 7/26/2016 68738 7/26/2016

$ 1,905.63 $ 1,905.63 001-100-5-204-00 EDUCATIONAL EXPENSE WRIGHT EXPRESS FINANCIAL

SVCS IL MUNICIPAL LEAGUE IL MUNICIPAL LEAGUE R7/12/2016 7/12/2016 $ 310.00 $ 310.00

001-100-5-207-00 TRAVEL & MEETING EXP WRIGHT EXPRESS FINANCIAL SVCS SOUTHWEST AIRLINES

TRAVEL TO ILLINOIS MU 5.262E+12 7/11/2016 $ 258.96 $ 258.96 WRIGHT EXPRESS FINANCIAL

SVCS SOUTHWEST AIRLINES TRAVEL TO ILLINOIS MU 988EQ8 7/11/2016 $ 30.00 $ 30.00 001-100-5-301-00

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