The ordinances of the Village, as codified by General Code, LLC, and consisting of the Chapters 1 through 320, shall be known collectively as the "Code of the Village of Tilton," hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Code of the Village 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 had been formally amended to so read.
[HISTORY: Adopted by the Board of Trustees of the Village of Tilton as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-20-2022 by Ord. No. O-2022-0120]
The provisions of the Code, insofar as they are substantively the same as those of ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. 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, and it is the intention of the 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 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contained therein, and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Village which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
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 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 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.
D.
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village.
E.
Any ordinance of the Village 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 or any portion thereof.
F.
Any ordinance of the Village appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Village 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 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 adopted subsequent to September 16, 2021.
Each section of this ordinance and of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
A copy of the Code, in loose-leaf form, has been filed in the office of the Village Clerk 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 by impressing thereon the Seal of the Village, 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.
Additions or amendments to the Code, when 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 of the Village of Tilton" shall be understood and intended to include such additions and amendments. Nothing contained in this ordinance shall affect the status of any ordinance contained herein, and such ordinances may be amended, deleted or changed from time to time as the Board of Trustees deems desirable.
Any person who alters or tampers with the Code of the Village in any manner whatsoever which will cause the legislation of the Village 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 in accordance with Chapter 55, Penalties and Enforcement, Article I, of the Village Code.
A.
In compiling and preparing the ordinances for publication as the Code of the Village of Tilton, no changes in the meaning or intent of such ordinances 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 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 as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-9B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 1-20-2022 by Ord. No. O-2022-0120." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
C.
Throughout the Code, "President" is changed to "Mayor."
A.
Chapter and article titles, headings and titles of sections and other divisions of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
B.
Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
This ordinance shall be in full force and effect 10 days following publication as provided by law.
[Adopted as Ch. 1.04 of the Village Code]
A. BOARD COMPUTATION OF TIME COUNTY LAW MAY MONTH MUST AND SHALL OATH ORDINANCE OWNER PERSON PERSONAL PROPERTY PRECEDING AND FOLLOWING PROPERTY REAL PROPERTY SIDEWALK STATE STREET TENANT AND OCCUPANT TITLE OF OFFICE VILLAGE WRITTEN YEAR
Whenever used in the Code of the Village of Tilton, Illinois, the following words and phrases shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
The Board of Trustees of the Village of Tilton, Illinois. "All its members" or "all Trustees" means the total number of Trustees provided by general laws of the State of Illinois.
The time within which an act is to be done. It shall be computed by excluding the first day and including the last day. If the last day is a Sunday or a legal holiday, that day shall be excluded.
The County of Vermilion, Illinois.
Denotes applicable federal law, the Constitution and Statutes of the State of Illinois, the ordinances of the Village of Tilton and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
Is permissive.
A calendar month.
Are mandatory.
Shall be construed to include an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath. In such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
A law of the Village, provided that a temporary or special law, administrative action, order or directive may be in the form of a resolution.
As applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land.
A natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
Includes money, goods, chattels, things in action and evidences of debt.
Next before and next after, respectively.
Includes real and personal property.
Includes lands, tenements and hereditaments.
That portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
The State of Illinois.
Includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in this Village which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
As applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.
Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the Village of Tilton, Illinois.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Village of Tilton, Illinois, or the area within the territorial limits of the Village of Tilton, Illinois, and such territory outside of the Village over which the Village has jurisdiction or control by virtue of any constitutional or statutory provision.
Includes printed, typewritten, mimeographed and multigraphed.
A calendar year, unless otherwise specifically designated.
B.
All words and phrases shall be construed and understood according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent.
The following grammatical rules shall apply in the ordinances of the Village:
A.
Gender. Designation in the form of any gender includes the masculine, feminine and neuter genders.
B.
Singular and plural. The singular number includes the plural and the plural includes the singular.
C.
Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.
D.
Use of words and phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language.
Whenever in the ordinances of the Village any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.
The provisions of the ordinances of the Village and all proceedings under them are to be construed with a view to effecting their objects and to promoting justice.
The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby.