Stephenson County, IL Adoption of Code

WHEREAS, in accordance with 55 ILCS 5/5-29001 et seq., the ordinances and certain resolutions of Stephenson County, Illinois, as codified by General Code, LLC, and consisting of Chapters 1 through 400, together with an Appendix, shall be known collectively as the "Stephenson County Code," hereafter termed the "Code"; wherever reference is made in any of the ordinances and resolutions contained in the Stephenson County Code to any other ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number where such legislation appears in the Code, as if such ordinance or resolution had been formally amended to so read; and

§ 1-32 Continuation of existing provisions.

WHEREAS, the provisions of the Code, insofar as they are substantively the same as those of the 1977 Code and ordinances and resolutions in force immediately prior to the enactment of the 2011 Code by this resolution, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution; all such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the County Board of Stephenson County, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code; only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated according to the provisions of § 1-19 below; and

§ 1-33 Repeal of enactments not included in Code.

WHEREAS, all ordinances of a general and permanent nature of the Stephenson County in force on the date of the adoption of this resolution which are inconsistent with the provisions contained therein and are not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this resolution; and

§ 1-34 Enactments saved from repeal; matters not affected.

WHEREAS, the repeal of ordinances provided for in § 1-19 of this resolution shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any right or liability established, accrued or incurred under any legislative provision of Stephenson County prior to the effective date of this resolution or any action or proceeding brought for the enforcement of such right or liability.

Any offense or act committed or done before the effective date of this resolution in violation of any legislative provision of Stephenson County or any penalty, punishment or forfeiture which may result therefrom.

Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this resolution brought pursuant to any legislative provision of Stephenson County.

Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by Stephenson County.

Any ordinance of Stephenson County providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place under the County's jurisdiction or any portion thereof.

Any ordinance of Stephenson County appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of Stephenson County or other instruments or evidence of the County's indebtedness.

Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.

The levy or imposition of special assessments or charges.

The annexation or dedication of property.

Any ordinance relating to salaries and compensation.

Any ordinance amending the Zoning District Map or providing for variances or planned development approval in accordance with the County Zoning Ordinance.

Any ordinance relating to or establishing a pension plan or pension fund for County employees.

Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the County.

Any ordinance transferring funds between funds in the County budget.

Any ordinance relating to personnel policies or matters relating to County personnel.

Any ordinance adopted subsequent to September 21, 2010.

§ 1-35 Copy of Code on file.

NOW, THEREFORE, in accordance with 55 ILCS 5/5-29007, a copy of the Code shall be made available for public review and inspection in the office of the County Clerk; and

§ 1-36 Sale of Code; supplementation.

Copies of the Code, or any chapter or portion of it, may be purchased from the County Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by resolution of the County Board; the Clerk may also arrange for procedures for the periodic supplementation of the Code; and

§ 1-37 Penalties for tampering with Code.

Any person who, without authorization from the County Clerk, changes or amends, by additions or deletions, any part or portion of the Stephenson County Code or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of Stephenson County to be misrepresented thereby or who violates any other provision of this resolution shall be guilty of an offense and shall, upon conviction thereof, be fined as set forth in Article II, Penalties, § 1-11, of this chapter; and

§ 1-38 Changes to previously adopted legislation; new provisions.

In compiling and preparing the ordinances and resolutions for publication as the Stephenson County Code, no changes in the meaning or intent of such ordinances and resolutions have been made. In addition, certain grammatical changes, administrative changes, and other minor nonsubstantive changes were made in one or more of said pieces of legislation; it is the intention of the County Board that all such changes be adopted as part of the Code as if the ordinances and resolutions had been previously formally amended to read as such; and

In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof is made herewith, to become effective upon the effective date of this resolution.[1] (Chapter and section number references are to the ordinances and resolutions as they have been renumbered and appear in the Code.)

[1]

Editor's Note: In accordance with § 1-24B, the chapters, parts and sections which were added, amended, adopted or deleted by this resolution are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article IV. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 8-10-2011 by Res. No. 11-08-1821." Schedule A, which contains a complete description of all changes, is on file in the County offices.

§ 1-39 When effective.

THEREFORE, this resolution and the Code adopted hereby shall be in full force and effect upon adoption as provided in 55 ILCS 5/5-29004.