Upon adoption by the Board of Trustees, this Code, as amended
from time to time, shall be and shall constitute the official "Municipal
Code of Lincolnwood." The passage of this Code or portions thereof
shall not affect the continuing validity of prior ordinances of the
Village with which this Code is not in conflict. Any reference made
to the number of any section contained in this Code shall be understood
to refer to the position of the same under its appropriate chapter
and article heading, and to the general penalty clause relating thereto,
as well as the section itself, when reference is made to this Code
by title in any document.
This Code shall hereafter be received without further proof
in all courts and in all administrative tribunals of this state as
the ordinances of the Village of Lincolnwood of general and permanent
effect.
Any additions or amendments to this Code, when passed in such
form as to indicate the intention of the Board of Trustees to make
the same a part hereof, shall be deemed to be incorporated in this
Code so that a reference to the "Municipal Code of Lincolnwood" shall
be understood as including them.
The Village Clerk shall keep at least one copy of this Code.
For all sections of this Code other than those set forth in Chapter 15 (Zoning Code), each section number shall consist of three component parts separated by a dash. The first figure shall refer to the chapter number, the second figure shall refer to the article number and the third figure shall refer to the position of the section within the article. Sections of this Code set forth in Chapter 15 (Zoning Code) shall be numbered as set forth in Chapter 15.
(A)
General rules of construction. In the construction of this Code and
of all ordinances of the Village, the rules and definitions set out
in this section shall be observed unless such construction would be
inconsistent with the manifest intent of the Board of Trustees. The
rules of construction and definitions set out herein shall not be
applied to any section of this Code that contains any express provision
excluding such construction or where the subject matter of the context
of such section may be repugnant thereto. All general provisions,
terms, phrases and expressions contained in this Code shall be liberally
construed in order that the true intent and meaning of the Board of
Trustees may be fully carried out. In the interpretation and application
of any provision of this Code, they shall be held to be the minimum
requirements adopted for the promotion of the public health, safety,
comfort, convenience and general welfare. Where any provision of the
Code imposes greater restrictions upon the subject matter than the
other provisions of the Code, the provision imposing the greater restriction
or regulation shall be deemed to be controlling.
(B)
Intent. All general provisions, terms, phrases and expressions contained
in this Code shall be liberally construed in order that the true intent
and meaning of the Board of Trustees may be fully carried out.
(C)
ANNUAL FEE RESOLUTION
BOARD; BOARD OF TRUSTEES; VILLAGE BOARD
CODE
COMPUTATION OF TIME
CORPORATE AUTHORITIES
CORPORATE LIMITS, VILLAGE LIMITS
COUNTY
DELEGATION OF AUTHORITY
GENDER
MAY
MONTH
MUST
NONTECHNICAL AND TECHNICAL WORDS
NUMBER
PERSON
SHALL
STATE
VILLAGE
VILLAGE PRESIDENT
VILLAGE TRUSTEES
YEAR
Definitions.
The term "Annual Fee Resolution" shall mean and refer to the resolution adopted by the Board of Trustees and incorporated by reference into this Code pursuant to Section 1-1-12 of this Code, as such resolution may, from time to time, be amended.
[1]Whenever the words "Board," "Board of Trustees" or "Village Board" are used, they shall be construed to mean the Board of Trustees of the Village of Lincolnwood as set forth in Section 2-3-1 of this Code.
The term "Code" or "this Code" shall mean the Municipal Code of Lincolnwood as designated in Section 1-1-1 of this Code.
The time within which any act provided by this Code is to
be done shall be computed by excluding the first day and including
the last, unless the last day is Saturday or Sunday or is a legal
holiday, in which case it shall also be excluded. If the day succeeding
such Saturday, Sunday or holiday is also a holiday or a Saturday or
Sunday, then such succeeding day shall also be excluded.
The term "corporate authorities" shall mean the Board of Trustees of the Village of Lincolnwood as set forth in Section 2-3-1 of this Code.
The term "corporate limits" or "Village limits" shall mean
the legal boundaries of the Village of Lincolnwood.
The words "the county" or "this county" shall mean the County
of Cook, State of Illinois.
Whenever a provision appears requiring the Village Manager,
head of a department, or some other Village officer to do some act
or perform some duty, it is to be construed to authorize that individual
to designate, delegate and authorize subordinates to perform the required
act or perform the duty unless the terms of the provision or section
specify otherwise.
A word importing the masculine gender only shall extend and
be applied to females and to firms, partnerships and corporations
as well as to males.
The word "may" shall be construed as being permissive.
The word "month" shall mean a calendar month.
The word "must" shall be construed as being mandatory.
Words and phrases shall be construed according to the common
and approved usage of the language, but technical words and phrases
and such others as may have acquired a peculiar and appropriate meaning
in law shall be construed and understood according to such meaning.
A word importing the singular number only may extend and
be applied to several persons and things as well as to one person
and thing.
The word "person" shall extend and be applied to associations,
clubs, and societies, firms, partnerships and bodies politic and corporate
as well as to individuals.
The word "shall" shall be construed as being mandatory.
The words "the state" or "this state" shall be construed
to mean the State of Illinois.
The word "Village" shall mean the Village of Lincolnwood,
Cook County, Illinois.
The term "Village President" shall mean and refer to the Village President of the Village as provided in Section 2-1-1 of this Code. The Village President is from time to time also called or referred to as the "Mayor" of the Village. Any reference or referral to the "Mayor of the Village" shall be deemed to mean and refer to the "Village President."
The term "Village Trustees" shall collectively mean and refer to the six Trustees of the Village as provided in Section 2-2-1 of this Code.
The word "year" shall mean a calendar year.
All general ordinances of the Village passed prior to the adoption
of this Code and in conflict with the provisions herein or which are
in conflict with amendments to this Code are hereby repealed.
When any ordinance repealing a former ordinance, clause, or
provision shall be itself repealed, such repeal shall not be construed
to revive the former ordinance, clause, or provision.
(A)
Nothing in this Code or the ordinance adopting this Code shall affect
any offense or act committed or done, or any penalty or forfeiture
incurred, or any contract or right established or accruing before
the effective date of this Code.
(B)
The provisions of this Code, insofar as they are substantially the
same as ordinance provisions previously adopted by the Village relating
to the same subject matter, shall be construed as restatements and
continuations thereof and not as new enactments.
(C)
Nothing in this Code or the ordinance adopting this Code shall affect
any of the following ordinances or resolutions, which are hereby recognized
as continuing in full force and effect to the same extent as if set
out at length herein:
(1)
Any ordinance or resolution promising or guaranteeing the payment
of money for the Village or authorizing the issuance of any bonds
of the Village or any evidence of the Village's indebtedness.
(2)
Any appropriation ordinance or resolution providing for the
levy of taxes or for an annual budget.
(3)
Any ordinance annexing territory to the Village or excluding
territory as a part of the Village.
(4)
Any ordinance granting any franchise, permit or other right.
(5)
Any ordinance approving, authorizing or otherwise relating to
any contract, agreement, lease, deed or other instrument.
(6)
Any ordinance granting or providing for zoning or subdivision
relief or approval.
(7)
Any ordinance naming, renaming, opening, accepting or vacating
streets or alleys in the Village.
(8)
Any ordinance levying special assessments.
(9)
Any ordinance relating to the salaries of Village officers or
employees.
(10)
Any ordinance providing regulations for cable television.
(11)
Any ordinance relating to railroads or railroad crossings with
streets or other public ways or relating to the conduct, duties, service
or rates of public utilities not codified.
(12)
Any ordinance whose purpose has been accomplished.
(13)
Any ordinance which is special although permanent in effect.
(14)
Any ordinance which is temporary although general in effect.
If any provision, part, section, sentence or clause of this
Code, or the application thereof, is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder
of this Code shall remain in full force and effect and shall in no
way be affected, impaired, or invalidated.
This Code, as amended, shall be construed to be an exercise
of the home rule powers granted to the Village pursuant to Article
VII, Section 6 of the Illinois Constitution of 1970.
The Board of Trustees shall annually adopt a resolution setting
forth the applicable fees and charges due for the various licenses,
permits and services authorized by this Code and by other ordinances
of the Village. Whenever reference is made in this Code to the "Annual
Fee Resolution," such reference shall mean the most current annual
resolution adopted pursuant to this section. By this reference, the
Annual Fee Resolution, as the same may, from time to time, be amended,
is hereby incorporated herein as if fully set forth herein.
