[Adopted 7-27-2016 by Ord. No. 16-16]
A.
All ordinances of a permanent and general nature of the Village as
revised, codified, rearranged, renumbered, and consolidated into component
codes, titles, chapters, and sections shall be known and designated
as the "Coal City Code of 2016," for which designation "code," "code
of ordinances" or "codified ordinances" may be substituted. Code,
title, chapter, and section headings do not constitute any part of
the law as contained in the Code.
B.
All references to codes, titles, chapters, and sections are to such
components of the Code unless otherwise specified. Any component code
may be referred to and cited by its name, such as the "Traffic Code."
Sections may be referred to and cited by the designation "§ "
followed by the number, such as "§ 10-1." Headings and captions
used in this Code other than the title, chapter, and section numbers
are employed for reference purposes only and shall not be deemed a
part of the text of any section.
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
"And" may be read "or," and "or" may be read "and," if the
sense requires it.
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.
The Board of Trustees of the Village of Coal City, Illinois,
and the legislative authority of the Village.
Grundy County, Illinois.
Persons qualified to vote for elective officers at municipal
elections. (ILCS Ch. 65, Act 5, § 1-1-2)
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. (ILCS Ch. 5, Act 70, § 1-16)
Illinois Compiled Statutes, 1992, as heretofore and hereafter
amended.
Includes all persons, whether acting by themselves or as
a servant, agent, or employee.
Includes rights and easements of an incorporeal nature.
The act referred to is permissive.
A calendar month. (ILCS Ch. 5, Act 70, § 1-10)
Includes affirmation and "swear" includes affirm. (ILCS Ch.
5, Act 70, § 1-12)
When applied to property, includes any part owner, joint
owner, or tenant in common of the whole or part of such property.
Includes all words referring to or importing persons, and
may extend and be applied to bodies politic and corporate as well
as individuals. (ILCS Ch. 5, Act 70, § 1-5)
Includes all property except real.
Police officers employed and in the service of the Village
of Coal City, Illinois.
Shall be construed to include such persons in the employ
of the Village as members of the Police Department, who are or shall
hereafter be appointed and sworn as police officers. (ILCS Ch. 5,
Act 70, § 1-20)
As applied to property, includes land and buildings.
The President of the Village of Coal City, Illinois. The
President may also be referred to as "Mayor."
Includes real, personal, mixed estates and interests.
Includes boards of education; the municipal, county, state,
or federal government, its officers or an agency thereof; or any duly
authorized public official.
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.
Includes lands, tenements, and hereditaments.
Includes certified mail; and "certified mail" includes registered
mail.
See "highway, road or street."
Is mandatory.
That portion of the street between the curbline and the adjacent
property line intended for the use of pedestrians.
The State of Illinois.
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 upon the same. (ILCS Ch. 5, Act 70, § 1-16)
As applied to premises, includes any person holding a written
or oral lease, or who actually occupies the whole or any part of such
premises, alone or with others.
The Village Code hereby adopted, and as hereinafter modified
by amendment, revision, and by the adoption of new titles, chapters,
or sections.
The Trustees of the Village.
The Village of Coal City, Illinois.
Seven consecutive days.
Includes all persons, natural and artificial; partners; principals,
agents, and employees; and all officials, public or private.
Unless otherwise specifically defined, they shall be understood
to relate to the sale of goods, merchandise, articles, or things in
quantity to persons who purchase for the purpose of release, as distinguished
from a "retail dealer" who sells in smaller quantities direct to the
consumer.
May include printing, electronic and any other mode of representing
words and letters; but when the written signature of any person is
required by law on any official or public writing or bond, required
by law, it shall be (1) the proper handwriting of such person or,
in case he is unable to write, his proper mark, or (2) an electronic
signature as defined in the Electronic Commerce Security Act (5 ILCS
175/1-101 et seq.), except as otherwise provided by law. (ILCS Ch.
5, Act 70, § 1-15)
A calendar year unless otherwise expressed, and the word
"year" alone, is equivalent to the expression "year of our Lord."
(ILCS Ch. 5, Act 70, § 1-10)
A.
Statutory rules apply. Unless otherwise provided herein or by law
or implication required, the same rules of construction, definition,
and application shall govern the interpretation of this Code as those
governing the interpretation of the Illinois Compiled Statutes.
B.
Tense; gender; general terms. As used in the Code, unless the context
otherwise requires:
(1)
The singular includes the plural, and the plural includes the singular.
(2)
Words of one gender include the other gender.
(3)
Words in the present tense include the future.
(4)
A general term following specific enumeration of terms is not limited
to the class enumerated unless expressly so limited.
C.
References; history. Where a section of this code is followed by
a reference to state statutes, such reference indicates that the section
is analogous or similar to such state statutes section. Footnotes,
cross-references, and other comments are by way of explanation only
and should not be deemed a part of the text of any section. Historical
references following a section show the ordinance number where applicable,
and the date of passage, along with any amendments to the section.
D.
Authority. When the law requires an act to be done which may by law
as well be done by an agent as by the principal, such requirement
shall be construed to include all such acts when done by an authorized
agent.
E.
Joint authority. All words purporting to give joint authority to
three or more Village officers or other persons shall be construed
as giving such authority to a majority of such officers or other persons,
unless it shall be otherwise expressly declared in the law giving
the authority or inconsistent with state statute or other provisions.
(ILCS Ch. 5, Act 70, § 1-9)
F.
Exceptions. The rules of construction shall not apply to any law
which shall contain express provision excluding such construction
or when the subject matter or context of such law may be repugnant
thereto.
G.
Time. 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 last 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. (ILCS Ch. 5, Act 70, § 1-11)
H.
Continuation. The provisions of any ordinance, insofar 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.
(ILCS Ch. 5, Act 70, § 2)
All general provisions, terms, phrases, and expressions contained
in this Code shall be liberally construed in order that the true intent
of the Village Board may be fully carried out.
All of the provisions of Title I not incompatible with future
legislation shall apply to ordinances hereafter adopted, amending
or supplementing this Code unless otherwise specifically provided.
If any provisions of a section of this Code of Ordinances or
the application thereof to any person or circumstance is held invalid,
the invalidity shall 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.
A.
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.
B.
References in this Code to action taken or authorized under designated
sections of this Code include, in every case, action taken or authorized
under the applicable legislative provision which is superseded by
this Code.
C.
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.
A.
Whenever reference is made in this Code to a Village officer or employee
by title only, this shall be construed as though followed by the words
"of the Village of Coal City" and shall be taken to mean the officer
or employee of this Village having the title mentioned or performing
the duties indicated.
B.
No provision of this Code designating the duties of any officer or
employee shall be construed to make such officer or employee liable
for any fine or penalty provided in this Code for a failure to perform
the duty, unless the intention of the Village Board to impose a fine
or penalty on such officer or employee is specifically and clearly
expressed in the section creating the duty.
C.
Reference to a public office or officer shall be deemed to apply
to any office or officer exercising the powers, duties, or functions
or change in the official title of the functionary.
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.
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 provision 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, such spelling shall be corrected, and such word or words
supplied, omitted, or substituted as will conform with the manifest
intention. 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 there is any question
regarding the nature or extent of the error.
A.
The repeal of a repealing ordinance does not revive the ordinance
originally repealed, nor impair the effect of any saving clause therein.
B.
The reenactment, amendment, or repeal of an ordinance does not do any of the following, except as provided in Subsection C of this section:
(1)
Affect the prior operation of the ordinance or any prior action taken
thereunder.
(2)
Affect any validation, cure, right, privilege, obligation, or liability
previously acquired, accrued, accorded, or incurred thereunder.
(3)
Affect any violation thereof or penalty, forfeiture, or punishment
incurred in respect thereto, prior to the amendment or repeal.
(4)
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.
C.
If the penalty, forfeiture, or punishment for any offense 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.
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, the repealed portions
may be excluded from the Code by the omission from reprinted pages
affected thereby, and the 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 readopted as a new Code of Ordinances
by the Village.
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.
All ordinances of a temporary or special nature (including,
but not limited to, tax levy ordinances; budget ordinances; ordinances
relating to boundaries and annexations; franchise ordinances and other
ordinances granting special rights to persons or corporations; contract
ordinances and ordinances authorizing the execution of a contract
or the issuance of warrants; salary ordinances; ordinances establishing,
naming, or vacating streets, alleys, or other public places; improvement
ordinances; bond ordinances; ordinances relating to elections; ordinances
relating to the transfer or acceptance of real estate by or from the
Village; and all special ordinances), as well as any 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.
Whenever an ordinance by its nature either authorizes or enables
the Village Board or a certain Village officer or employee to make
additional regulations for the purpose of carrying out the intent
of the ordinance, all regulations of a similar nature serving that
purpose effected prior to the codification and not inconsistent thereto
shall remain in effect and are saved.
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 be made available
for public inspection by the Village. 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.
A.
As histories for the Code sections, the specific number and passage
date of the original ordinance, and any amending ordinances are listed
following the text of the Code article, section or subsection being
amended. Example: [Amended 5-13-1960 by Ord. No. 60-10; 1-1-1970
by Ord. No. 70-1; 1-1-1980 by Ord. No. 80-1; 1-1-1985 by Ord. No.
85-1]
B.
An "ILCS" cite included in the text indicates that the text of the
section reads either verbatim or substantially the same as the statute.
Example: (ILCS Ch. 65, Act 5, § 3.1-2-1).
