The following words and phrases, whenever used in the ordinances
of the City of Columbia, Illinois, 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 be used in such words or phrases:
CITY
The City of Columbia, Illinois, or the area within the territorial
limits of the City, and such territory outside the City over which
the City has jurisdiction or control by virtue of any constitutional
or statutory provision.
CITY CODE
This Code of Ordinances and all amendments thereto.
COUNCIL
The Mayor and Aldermen of the City of Columbia, Illinois.
"All its members" or "all Council members" means the Mayor and Aldermen
of the City holding office.
COUNTY
The County of Monroe or the County of St. Clair, in the State
of Illinois, as the context requires. The City is located in both
counties.
ILLINOIS COMPILED STATUTES or ILCS
The 1992 Compiled Statutes of the State of Illinois or the
latest edition thereof, as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
LAW
Denotes applicable federal law, the Constitution and statutes
of the State of Illinois, the ordinances of the City, and, when appropriate,
any and all rules and regulations which may be promulgated thereunder.
MAYOR
The Mayor of the City.
OATH
Includes an affirmation or declaration in all cases in which,
by law, an affirmation may be substituted for an oath, and in such
cases the words "swear" and "sworn" shall be equivalent to the words
"affirm" and "affirmed."
OWNER
As applied to a building or land, includes any owner or co-owner
of record who is a part owner, joint owner, tenant in common, joint
tenant, tenant by the entirety, of the whole or a part of such building
or land.
PERSON
Includes 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 and bodies politic and corporate.
PERSONAL PROPERTY
Includes money, goods, chattels, things in action and evidences
of debt.
PROPERTY
Includes real and personal property.
STATE
The State of Illinois.
STREET
Includes all streets, highways, avenues, lanes, alleys, courts,
places, squares, curbs or other public ways in the City 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.
TENANT AND OCCUPANT
Applies to a building or land, and includes any person who
occupies the whole or a part of such building or land, whether alone
or with others.
WRITTEN
Includes printed or otherwise reproduced in permanent visible
form; but when the written signature of any City official is required,
it shall be in the proper handwriting of such person or by his mark
properly witnessed by two witnesses; except that duplications or public
documents or notices to be published in a newspaper may contain a
printed simulation of the signature.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All words and phrases shall be construed 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.
The following grammatical rules shall apply in the ordinances
of the City unless it is apparent from the context that a different
construction is intended:
A. Gender. Each 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.
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.
Whenever in the ordinances of the City 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.
Except when otherwise provided, the time within which an act
is required to be done shall be computed by excluding the first day
and including the last day, unless the last day is a Sunday or a holiday,
in which case it shall also be excluded.
The provisions of the ordinances of the City, and all proceedings
under them, are to be constructed with a view to effect their objects
and to promote justice.
The repeal of an ordinance shall not repeal the repealing clause
of an ordinance or revive any ordinance which has been repealed thereby.
In any suit brought under the ordinances of this City upon the
complaint of a person other than the Chief of Police or some other
City officer wherein such suit is dismissed as trivial or frivolous,
the suit shall be at the cost of the person making such complaint.
When it appears to the satisfaction of any judge that there are good
grounds for believing that a suit is trivial or frivolous, and that
the party complaining is not legally responsible for costs that may
be expended in their behalf, the judge may demand security for such
costs, in the event that such suit is dismissed, or may require that
the party complaining deposit, in advance, the costs of issuing the
necessary writs of making the arrest.