Appeal from the Circuit Court of Cook County; the Hon. CHARLES
S. DOUGHERTY, Judge, presiding. Affirmed.
MR. JUSTICE MURPHY DELIVERED THE OPINION OF THE COURT.
This is a declaratory judgment proceeding brought by the owners of five livery stables located in and licensed by the defendant Village of Norridge. After a non-jury trial, the trial court entered a judgment order, which declared "unconstitutional, invalid and void" three Village ordinances which regulated the movement of horses and hayracks. The decree included the grant of a permanent injunction against the enforcement of the ordinances.
Defendant appeals and contends that the basic issue is whether defendant's ordinances, which were held to be unconstitutional and invalid by the trial court, are reasonable and constitutional and represent a proper exercise of the legislative authority granted it by the Illinois General Assembly and are in furtherance of its police power and obligation to preserve and maintain the general health and welfare of its citizens.
The three Village of Norridge ordinances in question are Nos. 89, 235 and 358, § 8-C. No. 89 provides:
"No hay rack shall be operated or allowed to remain upon any street after the hour of 6:00 o'clock in the evening or before 6:00 o'clock in the forenoon."
Passed and approved November 23, 1955.
"OTHER NUISANCES: It is hereby declared to be a nuisance for any person to ride horses on the Streets, Sidewalks, Alleys or Parkways of the Village."
Passed and approved May 10, 1961.
No. 358, § 8-C, provides:
"HOURS FOR BUSINESS: No person conducting a riding stable shall rent or let for hire any horse to be ridden during the time between sunset and sunrise of the following morning, sunrise and sunset to be determined by a standard calendar or almanac giving the time of sunrise and sunset of the day of such letting or hiring, nor shall any horse be permitted off the premises of the riding stable during the time between sunset and sunrise."
Passed and approved September 9, 1964.
The witnesses for the plaintiffs included the operator of each stable and a real estate appraiser, who testified that the total value of the five stable properties was $705,000. The Mayor and the Chief of Police of the defendant Village testified as adverse witnesses under ...