CHAPTER 10
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10.01 Title of code 10.02 Definitions 10.03 Section headings 10.04 Rules of construction 10.05 Official time 10.06 Revivor; effect of amendment or repeal 10.07 Reference to other sections 10.08 Conflicting provisions 10.09 Amendments of code 10.10 Severability 10.11 Reference to public office or officer |
10.12 Errors and omissions 10.13 Ordinances repealed 10.14 Ordinances unaffected 10.15 Ordinances saved 10.16 Technical codes 10.17 Historical and statutory references 10.18 Two copies of code to be kept up-to-date by City Clerk 10.19 Publication of excerpts from code 10.20 Custody and distribution of copies of code 10.99 General penalty |
§ 10.01 TITLE OF CODE.
This codification by and for the municipality of Washington shall be designated as the code of Washington and may be so cited.
§ 10.02 DEFINITIONS.
For the purpose of this code the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ANOTHER. When used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property.
CORPORATE AUTHORITIES. The City Council; but reference to votes of CORPORATE AUTHORITIES means that the Presiding Officer is permitted to vote in addition to the Aldermen. (65 ILCS 5/1-1-2(2))
COUNCIL. The City Council of the municipality.
COUNTY. Tazewell County, Illinois.
COURT. Construed to mean any court of competent jurisdiction.
DECREE. Synonymous with JUDGMENT. (5 ILCS 70/1.24)
ELECTORS. Persons qualified to vote for elective officers at municipality elections. (65 ILCS 5/1-1-2(3))
EXECUTIVE OFFICER. Words used for an executive or ministerial officer may include any deputy or other person performing the duties of such officer, either generally or in special cases. (5 ILCS 70/1.08)
HERETOFORE or HEREAFTER. HERETOFORE means any time previous to the day on which the ordinance, resolution, or statute takes effect; HEREAFTER means at any time after that date. (5 ILCS 70/1.17)
HIGHWAY, ROAD, or STREET. May include any road laid out by authority of the United States, or of this state, or of any town or county of this state, and all bridges thereupon. (5 ILCS 70/1.16)
ILL. REV. STAT. Illinois Revised Statutes.
KEEPER or PROPRIETOR. Includes all persons, whether acting by themselves, or as a servant, agent, or employee.
LAND or REAL ESTATE. Includes rights and easements of an incorporeal nature.
MAY. The act referred to is permissive.
MONTH. A calendar month. (5 ILCS 70/1.10)
MUNICIPAL or MUNICIPALITY. The municipality of Washington, Illinois.
MUNICIPALITIES. The meaning established in Section 1 of Article VII of the Constitution of the State of Illinois of 1970. (5 ILCS 70/1.27)
OATH. Includes affirmation, and SWEAR includes affirm. (5 ILCS 70/1.12)
OWNER. When applied to property, includes any part owner, joint owner, or tenant in common of the whole or part of the property, and includes any beneficiary of a land trust which owns property.
PERSON. May extend and be applied to bodies politic and corporate as well as individuals. (5 ILCS 70/1.05)
PERSONAL PROPERTY. Includes all property except real.
POLICE OFFICERS. Policemen employed and in the service of the municipality. POLICE FORCE shall be construed to include such persons in the employ of a municipality as members of the Department of Police, who are or shall hereafter be appointed and sworn as policemen. (5 ILCS 70/1.20)
PREMISES. As applied to property, includes land and buildings.
PROPERTY. Includes real, personal, mixed estates, and interests.
PUBLIC AUTHORITY. Includes boards of education; the municipal, county, state, or federal government, its officers or an agency thereof, or any commissions or committees thereof; or any duly authorized public official.
PUBLIC PLACE. Includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance, or any other place for the sale of merchandise, public accommodation, or amusement.
REAL PROPERTY. Includes lands, tenements, and hereditaments.
REGISTERED MAIL. Includes certified mail and CERTIFIED MAIL includes registered mail.
SHALL. The act referred to is mandatory.
SIDEWALK. That portion of the street between the curb line and the adjacent property line intended for the use of pedestrians. (625 ILCS 5/1-188)
SPECIAL DISTRICTS. The meaning established in Article VII of the Constitution of the State of Illinois of 1970. (5 ILCS 70/1.29)
STATE. The State of Illinois.
TENANT or OCCUPANT. As applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of the premises, alone or with others.
THIS CODE or THIS CODE OF ORDINANCES. The municipal code hereby adopted, and as hereinafter modified by amendment, revision, and by the adoption of new titles, chapters, or sections.
UNITS OF LOCAL GOVERNMENT. The meaning established in Section 1 of Article VII of the Constitution of the State of Illinois of 1970. (5 ILCS 70/1.28)
WEEK. Seven consecutive days.
WHOEVER. Includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private.
WRITTEN or IN WRITING. Includes printing and any other mode of representing words and letters; but when the written signature of any person is required by law to any official or public handwriting of that person, or in case he is unable to write, his proper mark, or by his duly authorized facsimile signature under the Illinois Uniform Facsimile Signature of Public Officials Act. (5 ILCS 70/1.15)
YEAR. A calendar year unless otherwise expressed; and the word YEAR alone is equivalent to the expression Year of Our Lord. (5 ILCS 70/1.10)
§ 10.03 SECTION HEADINGS.
Headings and captions used in this code are employed for reference purposes only, and shall not be deemed a part of the text of any section.
§ 10.04 RULES OF CONSTRUCTION
Words and phrases shall be read in context and construed according to the rules or grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.
As used in this code, unless the context otherwise requires, the following rules will be followed:
The singular shall include the plural, and the plural shall include the singular. (Ill. Rev. Stat. Ch. 1, § 1004)
Words of one gender shall include the other genders. (Ill. Rev. Stat. Ch. 1, § 1005)
Words in the present tense shall include the future. (Ill. Rev. Stat. Ch. 1, § 1003)
AND may be read OR, and OR may be read AND, if the sense requires it.
The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this state, and then it shall also be excluded. If the day succeeding Saturday, Sunday, or a holiday is also a holiday or a Saturday or Sunday, then the succeeding day shall also be excluded. (Ill. Rev. Stat. Ch. 1, § 1012)
When the law requires an act to be done: which may by law as well be done by an agent as by the principal, the requirement shall be construed; to include all such acts when done by an authorized agent.
Words purporting to give joint authority to three or more municipal officers or other persons shall be construed as giving authority to a majority of the officers or persons. (Ill. Rev. Stat. Ch. 1, § 1010)
The rules of construction shall not apply to any law which shall contain any express provision excluding that construction, or when the subject matter or context of the law may be repugnant thereto.
All general provisions, terms, phrases, and expressions shall be liberally construed in order that the true intent and meaning of the Board of Trustees may be fully carried out. (Ill. Rev. Stat. Ch. 1, § 1002)
The provisions of any ordinance, so far as they are the same as those of any prior ordinance, shall be construed as a continuation of the prior provisions, and not as a new enactment.
When, in any ordinance, any act or duty shall be required to be done within a “reasonable time” or upon a “reasonable notice”, such reasonable time or reasonable notice shall be construed to mean such time only as may be necessary in the prompt execution of such duty, or a compliance with such notice.
The words “written” or “in writing” shall be construed to include printing.
§ 10.05 OFFICIAL TIME.
The official time for the municipality shall be as set by federal law.
§ 10.06 REVIVOR; EFFECT OF AMENDMENT OR REPEAL.
The repeal of a repealing ordinance does not revive the ordinance originally repealed, nor impair the effect of any saving clause therein. (Ill. Rev. Stat. Ch. 1, § 1102)
The reenactment, amendment, or repeal of an ordinance does not do any of the following, except as provided in division (C) of this section.
Affect the prior operation of the ordinance or any prior action taken thereunder.
Affect any validation, cure, right, privilege, obligation, or liability previously acquired, accrued, accorded, or incurred thereunder.
Affect any violation thereof or penalty, forfeiture, or punishment incurred in respect thereto, prior to the amendment or repeal.
Affect any investigation, proceeding, or remedy in respect of any privilege, obligation, liability, penalty, forfeiture, or punishment. The investigation, proceeding, or remedy may be instituted, continued or enforced, and the penalty, forfeiture, or punishment imposed, as if the ordinance had not been repealed or amended. (Ill. Rev. Stat. Ch. 1, § 1651)
If the penalty, forfeiture, or punishment for any office is reduced by a reenactment or amendment of an ordinance, the penalty, forfeiture, or punishment, if not already imposed, shall be imposed according to the ordinance as amended. (Ill. Rev. Stat. Ch. 1, § 1103)
§ 10.07 REFERENCE TO OTHER SECTIONS.
Wherever in a penalty section reference is made to a violation of a section or an inclusive group of sections, the reference shall be construed to mean a violation of any provision of the section or sections included in the reference.
References in the code to action taken or authorized under designated sections of the code include, in every case, action taken or authorized under the applicable legislative provision which is superseded by this code.
Whenever in one section reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the subject matter is changed or materially altered by the amendment or revision and the context clearly indicates that the reference to the section as amended or revised was not intended.
§ 10.08 CONFLICTING PROVISIONS.
If the provisions of different codes, chapters, or sections of the codified ordinances conflict with or contravene each other, the provisions bearing the latest passage date shall prevail. If the conflicting provisions bear the same passage date, the conflict shall be construed so as to be consistent with the meaning or legal effect of the questions of the subject matter taken as a whole.
§ 10.09 AMENDMENTS TO CODE.
All ordinances passed subsequent to this code which amend, repeal, or in any way affect this code may be numbered in accordance with the numbering system of this code and printed for inclusion herein, or in the case of repealed chapters, sections, and subsections, or any part thereof, by subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of subsequent ordinances until this code of ordinances and subsequent ordinances numbered or omitted are re-adopted as a new code of ordinances by the Board of Trustees.
§ 10.10 SEVERABILITY.
If any provisions of a section of these codified ordinances or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable.
§ 10.11 REFERENCE TO PUBLIC OFFICE OR OFFICER.
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of the municipality exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary. Such references shall also include the designee or agent of any such officer or office, unless the law or the context clearly requires otherwise.
§ 10.12 ERRORS AND OMISSIONS.
If a manifest error is discovered consisting of the misspelling of any word or words, the omission of any word or words necessary to express the intention of the provisions affected, the use of a word or words to which no meaning can be attached, or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected, and the word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provision shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.
§ 10.13 ORDINANCES REPEALED.
This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code of ordinances to the extent they are in conflict with the provisions of this code or are repeated herein.
§ 10.14 ORDINANCES UNAFFECTED.
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not enumerated and embraced in this code of ordinances, shall remain in full force and effect unless herein repealed expressly or by necessary implication.
§ 10.15 ORDINANCES SAVED.
Whenever an ordinance by its nature either authorizes or enables the Board of Trustees or a certain municipal officer or employee to make additional ordinances or regulations for the purpose of carrying out the intent of the ordinance, all ordinances and regulations of a similar nature serving that purpose effected prior to the codification and not inconsistent thereto, shall remain in effect and are saved.
§ 10.16 TECHNICAL CODES.
Whenever any technical codes are incorporated herein by reference, any subsequent amendments or revisions to such technical codes shall automatically become a part of this code and shall he made available for public inspection by the municipality. Further, to the extent of any conflict between the technical provisions of this code and any technical codes adopted by reference, the most restrictive provision shall prevail.
§ 10.17 HISTORICAL AND STATUTORY REFERENCES.
As histories for the code sections, the specific number and passage date of the original, and the most recent three amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-60; Am. Ord. 15, passed 1-1-70; Am. Ord. 20, passed 1-1-80; Am. Ord. 25, passed 1-1-85)
If an Ill. Rev. Stat. cite is included in the history, this indicates that the text of the section is nearly identical to the statute. Example: (Ill. Rev. Stat. Ch. 24, § 3-2-1) (Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85). If an Ill. Rev. Stat. cite is set forth as a statutory reference following the text of the section, this indicates that the reader shall refer to that statute for further information. Example:
§ 38.04 PUBLIC RECORDS AVAILABLE.
The municipality shall make available to any person for inspection or copying all public records, as provided in the Illinois Freedom of Information Act. Statutory reference:
Freedom of Information Act, see Ill. Rev. Stat. Ch. 116, §§ 201 et seq.
§ 10.18 COPIES OF CODE TO BE KEPT UP-TO-DATE BY CITY CLERK
The City Clerk shall keep two copies of this code current. These copies shall be printed, pasted, or otherwise mounted on paper sufficiently thick and tough to withstand heavy usage, and shall be preserved by the City Clerk in a book or binder in loose-leaf form, or in such form as the City Clerk may consider most expedient, so that all amendments thereto and all general ordinances hereafter passed may be inserted in their appropriate places in such volumes; and all sections of this code or ordinances repealed from time to time may be extracted therefrom for the purpose of maintaining such two copies in such condition that they will show all general ordinances passed up to date at any time in such manner that ready reference may be had thereto.
§ 10.19 PUBLICATION OF EXCERPTS FROM CODE.
No officer or employee of the city shall issue, mail, or distribute as a publication on the part of the city or any officer, department, bureau, or branch of the city government, any book, pamphlet, leaflet, card, circular, or other printed matter purporting to contain excerpts or quotations from this code or purporting to give the law on any subject to the public, either as a reprint of a statute, ordinance, or other legislative enactment, or as a digest, interpretation, resume, condensation, or explanation of the same, without submitting such book, pamphlet, leaflet, card, circular, or other printed matter, or the portion of the same which he purports to quote or give the law, to the City Attorney for examination and approval as to form and as to whether or not the law is correctly stated therein.
§ 10.20 CUSTODY AND DISTRIBUTION OF COPIES OF CODE.
All the printed books containing the revised ordinances shall be in the custody and keeping of the City Clerk. He shall deliver one copy thereof to each officer of the City, and to such other persons as the City Council may direct. The Mayor or City Clerk shall have authority to extend to, or reciprocate courtesies of other cities, by presenting to them a copy of the revised ordinances bound, at the expense of the city, in such a manner as may seem advisable.
§ 10.99 GENERAL PENALTY
In all cases where the same offense is made punishable or is created by different clauses or sections of an ordinance, the prosecuting officer may elect under which to proceed but not more than one recovery shall be had against the same offense; provided, that the recovery of a license or a permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. Each day any violation of any provision of this code or of any ordinance shall continue shall constitute a separate offense.
Whenever a minimum but not maximum fine or penalty is imposed, the court in its discretion may fine the offender any sum exceeding the minimum fine or penalty so imposed, but not exceeding five hundred dollars ($500.00).
Whenever in this code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful or any offense, or whenever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided thereof, the violation of any such provision of this code or any ordinance shall be punished by a fine not less than fifteen dollars ($15.00) and not exceeding five hundred dollars ($500.00). Each day any violation of any provision of this code or of any ordinance shall continue shall constitute a separate offense.
(Am. Ord. 1293, passed 12-3-79)