[HISTORY: Adopted by the County Board of
McLean County as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-17-2015]
In accordance with 55 ILCS 5/5-29001 et seq., the ordinances and certain resolutions of McLean County, Illinois, as codified by General Code, LLC, and consisting of Chapters 1 through 350, together with an Appendix, shall be known collectively as the "McLean County Code," hereafter termed the "Code." Wherever reference is made in any of the ordinances and resolutions contained in the McLean 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.
The provisions of the Code, insofar as they are substantively the same as those of the 1986 Code and ordinances and resolutions in force immediately prior to the enactment of the 2015 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 McLean 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated according to the provisions of § 1-3 below.
Only those ordinances of a general and permanent nature of McLean County in force on the date of the adoption of this resolution, which are both inconsistent with the provisions contained herein and which are not contained in the Code or recognized and continued in force by reference herein, are hereby repealed from and after the effective date of this resolution unless otherwise saved from repeal or not affected per § 1-2 above or § 1-4 below.
The repeal of ordinances provided for in § 1-3 of this resolution shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any right
or liability established, accrued or incurred under any legislative
provision of McLean County prior to the effective date of this resolution
or any action or proceeding brought for the enforcement of such right
or liability.
B.
Any offense
or act committed or done before the effective date of this resolution
in violation of any legislative provision of McLean County or any
penalty, punishment or forfeiture which may result therefrom.
C.
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 McLean County.
D.
Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by McLean County.
E.
Any ordinance
of McLean 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.
F.
Any ordinance
of McLean County appropriating money or transferring funds, promising
or guaranteeing the payment of money or authorizing the issuance and
delivery of any bond of McLean County or other instruments or evidence
of the County's indebtedness.
G.
Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract, agreement or obligation.
H.
The levy
or imposition of special assessments or charges.
I.
The annexation
or dedication of property.
J.
Any ordinance
relating to salaries, compensation or establishing a pension plan
or pension fund for County employees.
K.
Any ordinance
amending the Zoning Map or providing for variances or planned development
approval in accordance with the County Zoning Ordinance.
L.
Any ordinance
relating to or establishing a pension plan or pension fund for County
employees.
M.
Any ordinance
or portion of an ordinance establishing a specific fee amount for
any license, permit or service obtained from the County.
N.
Any ordinance
transferring funds between funds in the County budget.
O.
Any ordinance
adopted subsequent to the effective date of this resolution.
If any clause, sentence, paragraph, section, article, chapter
or part of this resolution or of any ordinance or resolution included
in this Code now or through supplementation shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the clause, sentence, paragraph, section,
article, chapter or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
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.
A.
Any and all
additions, deletions, amendments or supplements to any of the ordinances
and resolutions known collectively as the "McLean County Code" or
any new ordinances or resolutions, when enacted or adopted in such
form as to indicate the intention of the County Board to be a part
thereof, shall be deemed to be incorporated into such Code so that
reference to the Code shall be understood and intended to include
such additions, deletions, amendments or supplements. Whenever such
additions, deletions, amendments or supplements to the Code shall
be enacted or adopted, they shall thereafter be published and, as
provided hereunder, included in the Code as amendments and supplements
thereto. Nothing contained in this resolution shall affect the status
of any ordinance or resolution contained herein, and such ordinances
or resolutions may be amended, deleted or changed from time to time
as the County Board deems desirable.
B.
When preparing
a supplement to this Code, the codifier (meaning the person, agency
or organization authorized to prepare the supplement) may make formal,
nonsubstantive changes in legislation and parts of legislation included
in the supplement, insofar as it is necessary to do so to embody it
into a unified code. In no case shall the codifier make any change
in the meaning or effect of material included in the supplement or
already embodied in the Code. For example, the codifier may:
(1)
Organize
the material into appropriate subsections;
(2)
Provide
appropriate headlines, headings and titles for sections and other
subdivisions of the Code included in the supplement, and make changes
in such headlines, headings and titles;
(3)
Assign
appropriate numbers to sections and other subsections to be inserted
in the Code and, where necessary to accommodate new material, change
existing section or other subsection numbers;
(4)
Change
the words "this ordinance" or words of the same meaning to "this chapter,"
"this article," etc., as the case may be, or to "§§ _________
to _________" (inserting section numbers to indicate the sections
of the Code which embody the substantive sections of the material
incorporated into the Code); and
(5)
Make
other nonsubstantive changes necessary to preserve the original meaning
of sections inserted into the Code.
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.
Any person who, without authorization from the County Clerk,
changes or amends, by additions or deletions, any part or portion
of the McLean County Code or who alters or tampers with such Code
in any manner whatsoever which will cause the legislation of McLean
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 in an amount not to exceed $1,000 for each offense.
A.
In compiling
and preparing the ordinances and resolutions for publication as the
McLean 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.
B.
In addition,
the amendments and/or additions as set forth in Schedule A, attached
hereto and made a part hereof, are made herewith, to become effective
upon the effective date of this resolution. (Chapter and section number
references are to the ordinances and resolutions as they have been
renumbered and appear in the Code.)
This resolution and the Code adopted hereby shall be in full
force and effect upon adoption as provided in 55 ILCS 5/5-29004.
