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O-23-2012 Ord Amending Title 9 of Municipal Code Relating to VandalismVILLAGE OF LEMONT ORDINANCE NO.0 - AN ORDINANCE AMENDING TITLE 9 OF THE LEMONT, ILLINOIS MUNICIPAL CODE RELATING TO VANDALISM ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 9th DAY Of April, 2012 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, this 9th day of April, 2012. ORDINANCE NO.C) An Ordinance Amending Title 9 of the Lemont, Illinois Municipal Code Relating to Vandalism WHEREAS, the Village of Lemont ( "Village ") is an Illinois Municipal Corporation pursuant to the Illinois Constitution of 1970 and the Statutes of the State of Illinois; WHEREAS, the President and Board of Trustees of the Village have the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and protect the public health, safety, and welfare of its citizens; and WHEREAS, Section 5/1 -2 -1. of the Illinois Municipal Code (65 ILCS 5/1 -2 -1), authorizes the Village to pass all ordinances and make all rules and regulations proper or necessary, to carry into effect the powers granted to municipalities, with such fines or penalties as may be deemed proper; and WHEREAS, Section 5/11 -1 -1 of the Illinois Municipal Code (65 ILCS 5/11 -1 -1), authorizes the Village to pass and enforce all necessary police ordinances; and, WHEREAS, the Village has determined that prohibiting vandalism will protect and promote the public health, safety, and welfare of its citizens; and, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, DUPAGE AND WILL COUNTIES, ILLINOIS, as follows: SECTION 1: The foregoing findings and recitals, and each of them, are hereby adopted as Section 1 of this Ordinance and are incorporated by reference as if set forth verbatim herein. 1 SECTION 2: The Lemont, Illinois Municipal Code ( "Village Code "), as amended, is hereby further amended in Title 9, ( "Public Peace, Morals and Welfare ") by adding in an entirely new subsection 9.28.040 as follows: 9.28.040 — Vandalism (a) It is unlawful for any person to injure, deface, mutilate or otherwise interfere with another's property that would incur cost to remediate, restore, or clean the property to its previous condition. (b) Any person who violates any provision of this subsection 9.28.040 shall be shall be subject to the General Penalty provision of the Village Code. (c) Notwithstanding paragraph (b) above, any person who violates any provision of this subsection 9.28.040 shall be required to make restitution, as provided by law, to the owner of the property in an amount not to exceed actual cost to repair, replace, or clean the property to its previous condition. SECTION 3: That the Village Clerk of the Village of Lemont be and is directed hereby to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois, made and provided. SECTION 4: Should any Section or provision of this Ordinance be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part declared to be invalid_ SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. 2 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, on this 9th day of April, 2012. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN Debby Blatzer Paul Chialdikas 1/ Clifford Miklos Ron Stapleton V Rick Sniegowski V' Jeanette Virgilio v ATTEST: CHARLENE M. SMOLLEN Village Clerk 3 B K. REAVES President