Ordinance

VERMILION COUNTY CONSERVATION DISTRICT ILLINOIS

ORDINANCE NO. 89

AN ORDINANCE SETTING FORTH THE RULES AND REGULATIONS GOVERNING THE PUBLIC USE OF DISTRICT PROPERTIES AND PROVIDING FOR A PENALTY OF VIOLATIONS THEREOF

WHEREAS, it is reasonable, necessary and desirable for the VERMILION COUNTY CONSERVATION DISTRICT, a Conservation District organized and existing under the laws of the State of Illinois, (hereinafter referred to as the “District”) to establish a general use ordinance governing the use of the Properties of the District; and

Whereas, subject to the provisions of the Illinois Compiled Statutes, Chapter 70, Act 410, Sections 3 and 12, it is reasonable, necessary and desirable for the District to provide rules and regulations in order to provide for the safe and peaceful use of the District Properties; for the education and recreation of the public; for the protection and preservation of the property, facilities, flora and fauna of the District; and for the safety and general welfare of the public; and

WHEREAS, the District has the authority and the power to establish this general use ordinance;

NOW, THEREFORE, BE IT ORDAINED, by the President and Board of Trustees of the District as follows:

CHAPTER I – PUBLIC USE

SECTION 1: PUBLIC USE AND THE PURPOSE OF THE DISTRICT:

  1. District properties are for the use by the general public.  One of the functions of the District is to protect, restore, restock, develop and interpret a balanced system of areas with scenic, ecological, recreational and historic values for the inspiration, education, use and enjoyment by the public.  This Ordinance is intended to help carry out this function.
  2. It shall be unlawful for any person to disobey any rule or regulation posted in accordance with this ordinance.

SECTION 2: HOURS OF USE

  1. District properties shall be open to the public as posted at the entrance of each site.
  2. No person shall attempt to enter, enter or remain in the District properties when the District properties are not open to the public without the written permission of the Director.
  3. No person shall enter or attempt to enter any District properties except through an authorized entrance designated and maintained for such entry into a District property.

SECTION 3: PERMITS

  1. No persons shall enter on, within or upon District properties that require a permit to be obtained for the use of the area, unless such permit has been obtained from the District.
  2. Permits when referred to in all chapters of this Ordinance, shall be issued upon the payment of such fee as may be established from time to time by the District by appropriate resolution and shall be on written application and in such form as the District may from time to time prescribe.
  3. Permits shall be applied for at the District Headquarters or at a location as designated by the Director.  Applications for permits shall be submitted during normal office hours as posted.
  4. The District may refuse a permit application, terminate or change permit due to, but not limited to, scheduling conflicts, vandalism, public safety, weather, acts of God, repairs and staff availability.
  5. No person applying for a permit will be discriminated against because of race, creed, color or national origin or any other basis prohibited by law. (775 ILCS 5/1-101 et. seq.)

CHAPTER II – PROTECTION OF PROPERTIES

SECTION 1: DESTRUCTION OR MISUSE OF PROPERTIES

  1. No person shall remove, burn, destroy, alter, repair, replace or in any other way damage the properties of the District, without the written permission of the Director.
  2. No person shall litter or dump or otherwise pollute or contaminate the lands or waters of the District.

SECTION 2: NATURAL RESOURCES

  1. No person shall maim, capture, molest or treat cruelly any mammal, bird, amphibian or reptile or attempt such actions.  Hunters, trappers, or fisherpersons, with a District permit, may harvest game species while in season, in accordance with the statutes set by the State of Illinois and/or the District.
  2. No person shall cut, remove, uproot or wantonly destroy any tree, sapling, seedling, bush, shrub, flower or plant, whether alive or dead.
  3. No person shall be allowed to feed wildlife on District properties without the written permission of the Director.

SECTION 3: FIRES

  1. No person shall build a fire anywhere, for any purpose other than in fireplaces or fire receptacles designed for such use and then only in locations and areas as designated by the District.

CHAPTER III – RECREATION ACTIVITIES

SECTION 1: CAMPING

  1. Overnight camping on, within or upon District properties shall be allowed , but only by permit issued by the District, and in compliance with the following regulations:
    1. Camping shall be confined only to those designated areas.
    2. Only one camping vehicle and one tent allowed per campsite or two tents per site.  Two vehicles allowed per camping pad.  All extra vehicles must park in the visitor lot.  No vehicles may be parked off of the road.
    3. Campers shall move to a different site after 14 days.  Tents in the family campgrounds shall be moved every 5 days.
    4. Quiet hours are from park close to park open hours as posted at the park entrance.
    5. No persons under the age of 18 are allowed to camp on District properties unless accompanied by a person 18 years of age or older.

SECTION 2: FISHING

  1. Fishing on, within or upon District properties shall be allowed, but only by permit issued by the District, and in compliance with the following regulations:
    1. All Federal and State rules and regulations apply.
    2. No persons shall fish in District waters that are posted with NO FISHING signs.
    3. No persons shall remove from the waters any species of fish in excess of the length and/or creel limits as prescribed in the Illinois Fish Code or established by an IDNR Administrative Order and duly posted.
    4. No person shall remove any species of fish from Horseshoe Pond at Kennekuk Park without permission of the Director.

SECTION 3: HOBBIES

  1. No person shall operate any model propelled by machinery on the lands or waters of the District without written permission of the Director.
  2. No person shall operate a metal detector on District properties without written permission of the Director.

SECTION 4: HUNTING/TRAPPING

  1. Hunting on, within or upon District properties shall be allowed, but only by permit issued by the District, and in compliance with the following regulations:
    1. All Federal and State rules and regulations apply.
    2. All hunters must possess all necessary Federal and State license and/or permits.
    3. No person shall hunt upon the land or waters of the District unless issued a permit by the District and then only in those areas so provided and posted for such use.
    4. Hunting is prohibited at Forest Glen Preserve.
    5. No person shall hunt waterfowl in the marsh area.
    6. Firearm deer hunting is prohibited on District properties.
    7. Any hunter under the age of 18 years of age must be accompanied by a person 21 years of age or older.
    8. Rabbit, pheasant, squirrel, and woodcock hunters shall use shot size no larger than #6.  Dove hunters shall use no shot size larger than #7 1/2.
    9. All hunters must use a safety belt while hunting from a tree.
    10. Coyotes may only be harvested by hunters registered with the District, who are hunting rabbit, pheasants, dove, woodcock, squirrel, raccoons, opossum, ducks, geese and deer during the hunting season of those animals mentioned.
    11. Harvesting of quail, fox, skunk, crow or any other species of wildlife not specifically designated on the hunting permit is prohibited.
    12. Dog training is allowed during the period from August 15 through April 15.
    13. Dog training in the marsh area is prohibited.
    14. Discharging of live ammunition is prohibited during dog training.
  2. Trapping on, within or upon District properties shall be allowed, but only if granted written permission of the Director.

SECTION 5: RENTAL FACILITIES

  1. Use of District shelters and buildings on, within or upon District properties shall be allowed, but only by permit issued by the District, and in compliance with the following regulations:
    1. Ball diamonds, playgrounds, picnic areas or other recreational fields adjacent to rental facilities are not reserved within the facility.
    2. Staples, nails or tacks shall not be used on tables, walls or anywhere inside or outside the rental facility.
    3. Firewood is not provided with the rental facility, however firewood may be purchased from the District.
    4. All tables and/or chairs moved from rental facilities shall be returned to their original positions before departing the facility.
    5. Cancellations must be made 30 days in advance to receive credit for calendar year only.  Other cancellations are reviewed on an individual basis for refunds.

SECTION 7: TRAILS

  1. No person shall ride or lead any animal on other than roads or on trails so provided and posted for such use.
  2. Mountain bikes, bicycles and ATV’s are not allowed “off road” without written permission of the Director.

SECTION 8: SOUND AMPLIFICATION

  1. Electronic amplified music is prohibited.  Special exceptions may be granted with permission of the Director.

SECTION 9: CONCESSION AND AMUSEMENT RIDES

  1. No person shall set up amusement rides or establish a concession on, or levy an admission fee to, any area of the properties of the District without written permission of the Director.  Persons who are granted permission to establish or set up a concession or amusement rides must also provide a certificate of insurance which names the District as the insured and pay any additional fee for the operation of such concessions or rides.

SECTION 10: PAINTBALL GUNS

  1. No person shall upon or in connection with any property of the District have in his or her possession any paintball gun, pellet, projectile or other item associated with or manufactured for such use.

SECTION 11: PETS

  1. Other than a hunter or dog trainer complying by the regulation governing those said activities no person shall allow their “pets”, wild or domesticated animals to be on District properties without being leashed and under the control of the owner.
  2. No pest shall be allowed at any special events

SECTION 12: PYROTECHNICS

  1. No person shall upon or in connection with any property of the District, possess, display, use, set off or attempt to ignite any firecracker, fireworks, smoke bombs, rockets, black powder guns or other pyrotechnics, without written permission of the Director.
    1. Persons who are granted written permission from the Director to use such pyrotechnics shall comply with all State of Illinois regulations governing use of pyrotechnics.

CHAPTER IV – MOTOR VEHICLES

SECTION 1: AUTOMOBILES

  1. No person shall operate a motor vehicle in a manner that is contrary to the Illinois Motor Vehicle Code.
    1. All District roads are subject to the speed and traffic laws of the State of Illinois.
  2. No persons shall operate any motor vehicle that is not licensed or permitted to operate on public roads in the State of Illinois
  3. Delivery trucks, trailers, large mounted cookers and other types of heavy equipment may not go off of the roadway without written permission of the Director.
  4. No person shall operate a motor vehicle on a road that is posted as closed either by sign or barricade.
  5. Vehicles must park in designated parking areas.

SECTION 2: WATERCRAFT

  1. Operation of watercraft on District waters shall be allowed, but only by permit issued by the District, and in compliance with the following regulations:
    1. No person shall operate a watercraft that does not comply with the Illinois Boat Registration, Titling & Safety Act (625 ILCS 45/1-1).
    2. No person shall operate a watercraft in a water area that has been clearly marked by buoys or signs as a bathing, fishing or otherwise restricted area, except in the manner prescribed by the buoys or signs marking the area.  In areas designated as “NO WAKE” areas, no watercraft underway shall exceed 5 miles per hour while in the posted “NO WAKE” area.
    3. Towropes shall not be more than 100 feet in length.
    4. No person shall operate a watercraft on Lake Vermilion or Lake Mingo without having a current season pass issued by the District properly affixed to the hull of the watercraft or without having paid the applicable daily use fee.
  2. Motorized watercraft on Lake Mingo is restricted to a maximum of 10 horsepower, unless granted written permission of the Director.
  3. Racing is prohibited unless granted written permission of the Director, and only then sanctioned events.

SECTION 3: SNOWMOBILES

1. Operation of snowmobiles on District properties shall be allowed without a District permit, however snowmobiles shall comply with the following regulations:

  1. No person shall operate a snowmobile that does not comply with the Illinois Snowmobile Registration Act.
  2. Snowmobiles are prohibited on hiking trails.

SECTION 4: ALL TERRAIN VEHICLES (ATV)

1. ATV’s and all other types of non-licensed “off-road” vehicles are prohibited from use on District properties without written permission of the Director.

CHAPTER V – PERSONAL CONDUCT

SECTION 1: SOLICITING

1. No person shall advertise or solicit on properties of the District without written permission of the Director.

SECTION 2: HARASSMENT

1. No person shall interfere with, disrupt, delay or hinder in any manner an employee of the District or any other person on District properties.

SECTION 3: DISORDERLY CONDUCT

1. No person shall engage in any violent, abusive, loud, boisterous, vulgar, lewd, wanton, obscene or other such disorderly conduct or language which disturbs, annoys or infringes upon the rights of other persons on District properties.

  1. Alcohol on District properties is confined to rented facilities, picnic areas, and campgrounds.
  2. Regulations for alcohol in vehicles and watercraft are governed by the statutes of the State of Illinois.
  3. Alcohol is prohibited at Stephens Beach, on trails and in parking lots.

CHAPTER VI – ENFORCEMENT

SECTION 1: ENFORCEMENT AGENCIES

1. All persons duly commissioned by the District under the authority of the Illinois Conservation District Act, Vermilion County Deputy Sheriffs, Illinois State Police, Illinois Conservation Police, Vermilion County Conservation District Police or other duly sworn peace officers are empowered to arrest, with or without process, any persons found in the act of violating any Section in this Ordinance or law of the State of Illinois.

  1. In lieu of arresting those persons found in the act of violating any Sections in this Ordinance, District Officials are empowered to expel said violators from District properties at the time of violation which may result in expulsion from District properties for an extended period of time upon review by District Officials.

SECTION 2: PENALTIES

1. In all cases where the same offense shall be made punishable or shall be created by different clauses or Sections of this or any other Ordinance or Statute, the Police Officer or person prosecuting the case may elect under which to proceed, but not more than one judgment shall be held against the same person for the same offense.

  1. Any persons found guilty of violating any Section in this Ordinance shall be fined an amount not less than $75.00 but not more than $500.00
  2. A certified copy of this Ordinance shall be received as evidence of the Ordinance and in all Courts without further proof as provided by 70 ILCS 410/8.

CHAPTER VII – REPEALER

SECTION 1: REPEALER

A. Any previous Ordinance and Amendments thereto, Providing for Regulations to govern the Public Use of District properties and providing for a Penalty of such Violations that is inconsistent with the Ordinance be and is hereby repealed as of the effective date of this Ordinance.  Previous Ordinances consistent with this Ordinance be and are hereby reaffirmed, and incorporated in this ordinance by this reference.

  1. In the event that any portion of this Ordinance shall be deemed invalid, it shall not invalidate any other portion of the Ordinance.
  2. This Ordinance shall be effective from and after ten days after its passage and publication as provided by law.

ADOPTED this 17th day of April, 2002

AYES 3

NAYS 0