[HISTORY: Adopted by the Board of Trustees of the Village of Westville as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-21-2019 by Ord. No. 19-1479]
The codified ordinances of the Village of Westville. as codified by General Code, LLC, and consisting of the Chapters 1 through 360. together with an Appendix. shall be known collectively as the "Code of the Village of Westville," hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Code of the Village of Westville to any other ordinance 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 2015 Revised Code or Ordinances and ordinances and resolutions in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such 2015 Code, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior Code, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Trustees of the Village of Westville, 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 Only such provisions of the 2015 Code and former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Westville 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contained therein, and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance.
No ordinance relating to railroads or railroad crossings with streets and other public ways or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this Code or by virtue of Subsection A above, except as this Code shall be considered as amending such ordinance or ordinances in respect to such provisions only.
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:
Any right or liability established, accrued or incurred under any legislative provision of the Village of Westville prior to the effective date of this ordinance 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 ordinance in violation of any legislative provision of the Village of Westville 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 ordinance brought pursuant to any legislative provision of the Village of Westville.
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Westville.
Any ordinance of the Village of Westville 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 Westville or any portion thereof, or relating to boundaries or annexations.
Any ordinance of the Village of Westville 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 Westville or other instruments or evidence of the Village's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
The levy or imposition of taxes, special assessments or charges.
The annexation or dedication of property.
Any ordinance relating to salaries and compensation.
Any ordinance amending the Zoning Map or providing for variances or special permits in accordance with the Village Zoning Code.
Any ordinance relating to or establishing a pension plan or pension fund for Village employees.
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Village.
Any ordinance granting special rights to persons or corporations.
Any ordinance relating to elections.
All special ordinances.
Any ordinance adopted subsequent to October 2018.
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 Clerk of the Village of Westville 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 Clerk of the Village of Westville by impressing thereon the Seal of the Village of Westville, and such certified copy shall remain on file in the office of said 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 Westville" or any new ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the Board of Trustees 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 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 Board of Trustees deems desirable.
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 from time to time by the Board of Trustees by resolution. 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 Westville or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Westville 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.
In compiling and preparing the ordinances and resolutions for publication as the Code of the Village of Westville, 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 Board of Trustees 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.
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 local law. (Chapter and section number references are to the local laws, ordinances and resolutions as they have been renumbered and appear in the Code.)
Editor's Note: Schedule A is on file in the Village offices.
This ordinance shall be in full force and effect 10 days following publication as provided by law.
[Adopted as Ch. 1, Art. I, Div. III, of the 2015 Code]
Whenever any word in any section of this Code importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used.
When any subject matter, party or person is referred to in this Code by words importing the singular number only, or the masculine gender, several matters, parties or persons and females as well as males and bodies corporate shall be deemed to be included; provided that these rules of construction shall not be applied to any section of this Code which contains any express provision excluding such construction or where the subject matter or content may be repugnant thereto.
Whenever the following words or terms are used in this Code, they shall have the meanings herein ascribed to them unless the context makes such meaning repugnant thereto:
- A person acting on behalf of another.
- BOARD OF TRUSTEES
- The Mayor and the Board of Trustees of the Village of Westville.
- CODE or THIS CODE
- The Revised Code of Ordinances of the Village of Westville.
- CORPORATE AUTHORITIES
- The Mayor and the Village Board of Trustees. [See 65 ILCS Sec. 5/1-1-2(2).]
- The County of Vermilion.
- Whenever reference is made in this Code to a Village employee by title only, this shall be construed as though followed by the words "of the Village."
- FEE or FEES
- A sum of money charged by the Village for carrying on of a business, profession or occupation.
- FISCAL YEAR
- The fiscal year for the Village shall begin on May 1 of each year and end on April 30 of the following year. [See 65 ILCS Sec. 5/1-1-2(5).]
- Imports only a knowledge that the facts exist which bring the act or omission within the provisions of this Code. It does not require any knowledge of the unlawfulness of such act or omission.
- LEGAL HOLIDAY
- The holidays as authorized and recognized by the Village Board in the employee agreement.
- The permission granted for the carrying on of a business, profession or occupation.
- As used in this Code means permissible.
- The Village President or President of the Village Board of Trustees. (See 65 ILCS 5/1-1-2.1.)
- Any offense deemed a violation of the provisions of this Code which is a lesser offense than a felony as defined by state law.
- NEGLECT, NEGLIGENCE, NEGLIGENT and NEGLIGENTLY
- Import a want of such attention to the nature of probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concern.
- Anything offensive or obnoxious to the health and welfare of the inhabitants of the Village or any act or thing repugnant to or creating a hazard to or having a detrimental effect on the property of another person or to the community.
- As applied to a building or land shall include any person who occupies the whole or any part of such building or land, whether alone or with others.
- Any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code.
- 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" 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 so construed as to make such officer or employee liable for any fine or penalty provided in this Code for a failure to perform such duty, unless the intention of the Village Board to impose such a fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.
- OFFICIAL TIME
- Central Standard Time shall be the official time for the transaction of Village business, except during applicable Daylight Savings Time set by national or state standards when the official time shall be advanced one hour. All clocks and other timepieces in or upon public buildings or other premises maintained by or at the expense of the Village shall be set and run at the official time prescribed by this definition.
- The person who is in charge of any operation, business or profession.
- As applied to a building or land shall include any part-owner, joint-owner, tenant-in-common, joint-tenant or lessee of the whole or of a part of such building or land.
- Any natural individual, firm, trust, partnership, association, or corporation in his or its own capacity as administrator, conservator, executor, trustee, receiver or other representative appointed by the court. Whenever the word "person" is used in any section of this Code prescribing a penalty or fine as applied to partnerships or any such word as applied to corporations, it shall include the officers, agents, or employees thereof who are responsible for any violation of said section.
- Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer.
- As used in this Code means mandatory.
- STATE or THIS STATE
- The State of Illinois.
- Include alleys, lanes, courts, boulevards, public squares, public places and sidewalks.
- As applied to a building or land shall include any person who occupies the whole or any part of such building or land, whether alone or with others.
- When applied to the intent with which an act is done or omitted implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire an advantage.
- WRITTEN and IN WRITING
- May include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond required by law, it shall be in the proper handwriting of such person, or in case he is unable to write, by his proper mark.
The catchlines of the several sections of this Code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.