[Adopted 5-22-2017 by Ord. No. 2017-12]
The ordinances and certain resolutions of the Village of Bannockburn, as codified by General Code, LLC, and consisting of the Chapters 1 through 260, together with an Appendix, shall be known collectively as the "Code of the Village of Bannockburn," hereafter termed the "Code." Wherever reference is made in any of the ordinances and resolutions contained in the Code of the Village of Bannockburn 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 ordinances and resolutions in force immediately prior to the enactment of the Code by this ordinance, 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 Village Board of the Village of Bannockburn, 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All ordinances of a general and permanent nature of the Village
of Bannockburn in force on the date of the adoption of this ordinance,
inconsistent with the provisions contained therein, and 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are hereby repealed from and after the effective date of this ordinance.
The repeal of ordinances provided for in § 1-3 of this ordinance 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 the Village of Bannockburn prior to the effective date
of this ordinance 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 ordinance
in violation of any legislative provision of the Village of Bannockburn
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 ordinance brought pursuant
to any legislative provision of the Village of Bannockburn.
D.
Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Bannockburn.
E.
Any ordinance
of the Village of Bannockburn 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 within
the Village of Bannockburn or any portion thereof.
F.
Any ordinance
of the Village of Bannockburn appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing
the issuance and delivery of any bond of the Village of Bannockburn
or other instruments or evidence of the Village'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 and compensation.
K.
Any ordinance
amending the Zoning Map or providing for variations or PUD approval
in accordance with the Village Zoning Ordinance.
L.
Any ordinance
relating to or establishing a pension plan or pension fund for Village
employees.
M.
Any ordinance
or portion of an ordinance establishing a specific fee amount for
any license, permit or service obtained from the Village.
N.
Any ordinance
conferring particularized rights or not otherwise establishing rules
or requirements of general applicability.
O.
Any ordinance
adopted subsequent to May 8, 2017.
Notwithstanding § 1-3 of this ordinance, to the extent that the Village finds or determines that the Code inadvertently omitted or erroneously incorporated the terms of specific ordinances adopted by the Village Board, the Village Board may readopt any such ordinance inadvertently omitted or erroneously incorporated, and upon such readoption the specific ordinance as originally approved will relate back to its original adoption.
If any clause, sentence, paragraph, section, article, chapter
or part of this ordinance 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.
A copy of the Code, in loose-leaf form, has been filed in the
office of the Village Clerk of the Village of Bannockburn and shall
remain there for use and examination by the public until final action
is taken on this ordinance; and, if this ordinance shall be adopted,
such copy shall be certified to by the Village Clerk of the Village
of Bannockburn by impressing thereon the Seal of the Village of Bannockburn,
and such certified copy shall remain on file in the office of said
Village Clerk to be made available to persons desiring to examine
the same during all times while said Code is in effect. The enactment
and publication of this ordinance, coupled with the availability of
a copy of the Code for inspection by the public, shall be deemed,
held and considered to be due and legal publication of all provisions
of the Code for all purposes.
Any and all additions, deletions, amendments or supplements
to any of the ordinances and resolutions known collectively as the
“Code of the Village of Bannockburn” or any new ordinances
or resolutions, when enacted or adopted in such form as to indicate
the intention of the Village 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 printed and, as provided hereunder, inserted in the
loose-leaf book containing said Code as amendments and supplements
thereto. Nothing contained in this ordinance 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 Village Board deems desirable.
It shall be the duty of the Village Clerk to keep up-to-date
the certified copy of the book containing the Code of the Village
of Bannockburn required to be filed in the office of the Village Clerk
for use by the public. All changes in said Code and all ordinances
and resolutions adopted by the Village Board subsequent to the enactment
of this ordinance in such form as to indicate the intention of said
Village Board to be a part of said Code shall, when finally enacted
or adopted, be included therein by temporary attachment of copies
of such changes, ordinances or resolutions until such changes, ordinances
or resolutions are printed as supplements to said Code book, at which
time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Village Clerk, or an authorized agent of the Clerk,
upon the payment of a fee to be set by the Village Board. The Clerk
may also arrange for procedures for the periodic supplementation of
the Code.
Any person who, without authorization from the Village Clerk,
changes or amends, by additions or deletions, any part or portion
of the Code of the Village of Bannockburn or who alters or tampers
with such Code in any manner whatsoever which will cause the legislation
of the Village of Bannockburn to be misrepresented thereby or who
violates any other provision of this ordinance shall be guilty of
an offense and shall, upon conviction thereof, be fined not more than
$750 for each offense. The court may, in addition to assessing a fine,
impose a requirement that the defendant perform some reasonable public
service work such as, but not limited to, the picking up of litter
in public parks or along public streets or highways or the maintenance
of public facilities.
A.
In compiling and preparing the ordinances and resolutions for publication as the Code of the Village of Bannockburn, no changes in the meaning or intent of such ordinances and resolutions have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the 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 ordinance. (Chapter and section number
references are to the ordinances and resolutions as they have been
renumbered and appear in the Code.)
The Code of Ordinances of the Village of Bannockburn, Illinois
shall be in full force and effect upon the passage, approval, and
publication in pamphlet form of this ordinance, after which time the
Village Clerk shall cause the Code of Ordinances of the Village of
Bannockburn, Illinois in its entirety to be made available to the
public through the Village website and other means.
