CHAPTER 1
GENERAL PROVISIONS
Sec.
1-01. How code designated and cited.
The
ordinances embraced in the following chapters and sections shall constitute and
be designated the "Municipal Code,
State
law reference - for revision and codification of ordinances, see Ill. Rev.
Stat., Ch. 24,
Sec. 1-02. Rules of construction
and definitions.
Terms
used in this Code, unless otherwise specifically defined in this Code, shall
have meanings prescribed by the Illinois Revised Statutes for the same
terms. In the construction of this Code,
and of all ordinances, the rules and definitions set out in this section shall
be observed, unless such construction would be inconsistent with the manifest
intent of the City council. The rules of
construction and definitions set out herein shall not be applied to any section
of this Code which shall contain any express provision excluding such
construction, or where the subject matter or context of such section may be
repugnant thereto.
Generally. All
general provisions, terms, phrases and expressions contained in this Code shall
be liberally construed in order that the true intent and meaning of the City
council may be fully carried out.
In
the interpretation and application of any provisions of this Code, they shall
be held to be the minimum requirements adopted for the promotion of the public
health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes
greater restrictions upon the subject matter than the general provision imposed
by the Code, the provision imposing the greater restriction or regulation shall
be deemed to be controlling.
Aldermen. The term "Aldermen" shall refer to
the elected members of the City Council.
City shall mean the City of
Kankakee, Illinois.
City
Council, Council. Whenever the words "Council" or
"City Council" are used, they shall be construed to mean the City
Council of the City of Kankakee, Illinois.
Code. The
words "Code" or "this Code" shall mean the Municipal Code,
Computation of time. Whenever a notice is required to be given or
an act to be done in a certain length of time before any proceeding shall be
had, the day on which such notice is given or such act is done, shall be
counted in computing the time but the day on which such proceeding is to be
held shall not be counted.
Corporate authorities. Mayor and City Council.
Corporate or corporate limits of town. The term "Corporate Limits" or
"City Limits" shall mean the legal boundaries of the City of
County. The
words "the county" or "this county" shall mean the
Delegation of authority. Whenever a provision appears requiring the
head of a department or some other City officer to do some act or perform some
duty, it is to be construed to authorize the head of the department or other
officer to designate, delegate and authorize subordinates to perform the
required act or perform the duty unless the terms of the provision or section
specify otherwise.
Employee. Any
personnel of the City, other than officers to whom an oath of office is
administered, are employees including firemen and policemen.
Gender. A word
importing the masculine gender only shall extend and be applied to females and
to firms, partnerships and corporations as well as to males.
Joint authority. All words giving a joint authority to three
(3) or more persons or officers shall be construed as giving such authority to
a majority of such persons or officers.
May. The word
"may" is permissive.
Mayor shall mean the Mayor of
the City.
Month. The word
"month" shall mean a calendar month.
Non technical and technical words. 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 law shall be construed and understood according to such meaning.
Number. A
word importing the singular number only may extend and be applied to several
persons and things as well as to one person and thing.
Oath.
The word "oath" shall be construed to include an affirmation
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."
Officer. An
officer of the City is a person so designated by statute or ordinance to whom an oath of office is administered.
Officers generally. Whenever any officer is referred to by title,
such as "Clerk," "Treasurer, "
"Chief of Police," etc., such reference shall be construed as if
followed by the words "of the City of
Ordinances.
The term "ordinances" shall mean the ordinances of the City
and all amendments thereto, including this Code.
Owner.
The word "owner," applied to a building or land, shall include
any part owner, joint owner, tenant in common, tenant in partnership, joint
tenant, or tenant by the entirety, of the whole or of a part of such building
or land.
Person. The term
"person" shall mean any natural individual, firm, partnership,
corporation, company, association, club, joint venture, estate, trust or any
group or combination acting as a unit and the individuals constituting such
group or unit. As applied to
corporations, it includes the officers, agents or employees responsible for the
acts referred to.
Personal
property
includes every species of property except real property, as herein described.
Preceding, following. The words "preceding" and
"following" mean next before and next after, respectively.
Property. The word
"property" shall include real and personal property.
Real
property
shall include lands tenements and hereditament.
Shall.
The word "shall" is mandatory.
Sidewalk. The word "sidewalk" shall mean any
portion of a street between the curb line and the adjacent property line,
intended for the use of pedestrians, excluding terraces.
Signature
or
subscription includes a mark when the person cannot write.
State. The
words "the state" or "this state" shall be construed to
mean the State of
Street. The word "street" shall be
construed to embrace streets, avenues, boulevards, roads, lanes, viaducts and
all other public ways in the City, and shall include all areas thereof embraced
between the property lines and dedicated to the public use.
Tenant or occupant. The word "tenant" or "occupant"
applied to a building or land, includes any person
holding a written or oral lease or who occupies the whole or a part of such
building or land, either alone or with others.
Tense. Words used in the past tense include the
future as well as the past and present.
Terrace. The word "terrace" shall refer to
the area lying between the curb line and the area intended for use by
pedestrians.
Township. The words "the township" or
"this township" shall mean the
Written
or in writing
shall be construed to include any representation of words, letters or figures,
whether by printing
or otherwise.
Year. The word
"year" shall mean a calendar year.
(Code 1965, Sec. 1.02)
State
law reference- For similar rules of statutory constructions,
see Ill. Rev. State., Ch. 131, Sec. 1 et seq.
Sec. 1-03. Catchlines of sections.
The
catchlines of the several sections of this Code
printed in boldface type are intended as mere catchwords to indicate the
contents 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 re-enacted.
Sec. 1-04. Amendments to Code.
All
ordinances passed subsequent to this Code which amend, repeal or in any way
affect this code may be numbered in accordance with the numbering system of
this Code, and printed for inclusion herein, or in the case of repealed
chapters, sections and subsections or any part thereof, by subsequent
ordinances, such repealed portions may be excluded from the Code by omission
from reprinted pages affected thereby and the subsequent ordinances as numbered
and printed or omitted, in the case of repeal, shall be prima facie evidence of
such subsequent ordinances until such time as this Municipal Code and
subsequent ordinances numbered or omitted are readopted as a new Municipal Code
by the City council. (Code 1965, Sec.
1.01)
Sec. 1-05. Unauthorized
alteration or tampering with Code.
It
shall be unlawful for any person in the City to change or amend, by additions
or deletions, any part or portion of this Code, or to insert or delete pages,
or portions thereof, or to alter or tamper with such Code in any manner
whatsoever which will cause the law of the City to be misrepresented thereby.
Sec. 1-06. Effect of repeal of
ordinances.
When
any ordinance repealing a former ordinance, clause or provision shall be itself
repealed, such repeal shall not be construed to revive such former ordinance,
clause or provision unless it shall be therein so expressly provided.
The
repeal of an ordinance shall not affect any punishment or penalty incurred
before the repeal took effect, nor any suit, prosecution or proceeding pending
at the time of the repeal, for an offense committed or cause of action arising
under the ordinance repealed.
Sec. 1-07. Certain ordinances not affected by Code.
Nothing
in this Code or the ordinances adopting this Code shall be construed to repeal
or otherwise affect the validity of any of the following:
(1) Any ordinance promising or guaranteeing
the payment of money for the City, or authorizing the issuance of any bonds of
the City or any evidence of the City's indebtedness:
(2) Any appropriation ordinance or ordinance
providing for the levy of taxes, making special assessments or for an annual
budget, or prescribing salaries for City officers and employees:
(3) Any ordinance annexing territory to the
City or discontinuing territory as a part of the City, or the conveyance or
acceptance of real property or easements in real property:
(4) Any ordinance granting any franchise, or
rights to corporations:
(5) The zoning ordinance adopted
(6) Ordinances authorizing or relating to
particular public improvements:
(7) An ordinance to combine the existing
sanitary sewerage system and a waterworks system, dated
(8) Ordinances establishing polling places
in ward precincts within the City, the rental fees for such places, and the pay
of election judges serving in City elections:
(9) An ordinance accepting ownership and
responsibility of a sanitary sewer line, numbered 71-16 and dated
(10) An ordinance providing fire protection and
assumption of indebtedness and obligations of West Kankakee Fire Protection
District dated
(11) An
ordinance authorizing the City to enter into contracts for the operation and
monitoring of the fire alarm systems, numbered 69-15, dated August 4, 1969, and
all such ordinances are hereby recognized as continuing in full force and
effect to the same extent as if set out at length herein. (Code 1965, Sec. 1.03; Ord. No. 76-34, Sec. 1, 6-21-76).
And all such ordinances hereby recognized as
continuing in full force and effect to the same extent as if set out at length
herein (Code 1965 Sec 1.03; Ord. No. 76-34, Sec. 1,
6-21-76).
Cross
references - Certain ordinances relating to streets not affected by Code, Sec.
29-1; ordinances removing parking meters not affected by Code, Sec. 32-204.
Sec. 1-08. Severability of parts
of Code.
The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code (Code 1965, Sec. 1.13).
Sec. 1-09. Record of ordinances.
(a) All ordinances passed by the City
council shall be deposited in the office of the City Clerk and shall be duly
recorded by the City Clerk in the record book of ordinances and appropriately
indexed by their titles or subjects.
(b) The City Clerk shall file and carefully
preserve the originals of all ordinances deposited in his office. He may correct errors on the numbering of any
section of any ordinance, and insert the proper numbers, and correct clerical
mistakes.
(c) The City Clerk shall make at the foot of
the record of each ordinance a recorded memorandum of the date of its passage,
and the date of its publication, when required to be published, which record or
memorandum or a certified copy thereof shall be prima facie evidence of the
passage and legal publication of such ordinance for all purposes. (Code 1965, Sec. 1.05)
Sec. 1-10. Publication of
ordinances.
(a) The City Clerk shall cause every
ordinance of the City Council making annual appropriation or imposing any fine,
penalty, forfeiture or imprisonment, to be printed in book or pamphlet form, or
to be published at least once in a newspaper of general circulation within the
City of Kankakee, within (10) days after the passage thereof, and it shall be
the duty of said City Clerk to see that the same is correctly printed and
published. (Ord. No 98-88, Sec. 1-10,
(b) The revised ordinances of the City, when
published in book or pamphlet form by authority of the Council, shall be
deposited in the office of the City Clerk.
He shall deliver one copy thereof to each officer of the City and to
such other persons as the Mayor or Council may direct. (Code 1965, Sec. 1.06)
Sec. 1-11. Effective date of
ordinances.
All
ordinances of the City Council required to be published in pamphlet form or to
be published in a newspaper of general circulation shall take effect ten (10)
days after publication. All other
Ordinances and Resolutions shall take effect and be in force from and after
their passage unless otherwise therein provided. (Code 1965, Sec. 1.07; Ord.
No. 98-88, Sec. 2 11, 11-0-98))
Sec. 1-12. Jurisdiction.
This Code applies to acts performed within the City Limits of the City and to those acts performed outside the City Limits and up to the limits prescribed by law in those instances, where the law confers power on the City to regulate such acts outside the City Limits. (Code 1965, Sec 1.08)
Sec. 1-13. General penalty for
violation of Code; continuing violations.
In those offenses for
which a Complaint and Notice of Violation of an Ordinance is delivered and for
which no other penalty is provided, said penalty for said Violation shall be
Fifty Dollars ($50.00). If said sum is paid within fourteen (14) days of the
date of the Notice of Violation, One Hundred Dollars ($100.00) if paid within
thirty (30) days of the Notice of Violation and shall be a minimum of One
Hundred Dollars ($100.00), but as determined by the Administrative Adjudication
Officer upon the determination of liability pursuant to Section 36-1 et. seq. of this Code. However, on those violations in which the
Officer determines the compliance and verification of compliance is necessary,
a fine shall be established, in an amount no more than Five Hundred Dollars,
($500.00) by the Administrative Adjudication Officer of the City of Kankakee. (Ord. No. 98-88 , Sec. 2-13,
Sec. 1-14. Penalty where
violation declared misdemeanor; continuing violations.
Whenever in this Code or
in any ordinance of the City, any act is declared to be a misdemeanor or the
failure to do any act is declared to be a misdemeanor, where no specific
penalty is provided therefor, the violation of any
such provision of this Code or ordinance shall be punished by incarceration in
a penal institution other than the penitentiary not to exceed six (6)
months. Each day any violation of such
provision of this Code or ordinance shall continue shall constitute a separate
offense.
State law reference - -
Ordinances making violations misdemeanors, Ill. Rev. Stat. Ch. 24, Sec 1-2-1.1.
Sec. 1-15. Responsibility for
violations.
Every person concerned
in the commission of any act prohibited by this Code, whether he directly
commits the act, or prosecutes, counsels, aids or abets in its commission may
be prosecuted and on conviction is punishable as if he had directly committed
the act. Any person so convicted is pecuniarily liable for all actual costs incurred by the
City of Kankakee Code Enforcement Department for its rightful and authorized
correction of conditions to reestablish the public safety, health and welfare
as it may have been injured by the acts of the convicted. (Code 1965, Sec. 1.10, Ord.
94-11, Sec. 1-15; 2-21-94)
INDEX
GENERAL PROVISIONS
Amendments to Code.................................................................................................... 1
- 04
Catchlines of
sections..................................................................................................... 1
- 03
Certain ordinances not affected by Code........................................................................ 1
- 07
Effect of repeal of
ordinances......................................................................................... 1
- 06
Effective date of
ordinances............................................................................................ 1
- 11
How code designated and cited...................................................................................... 1
- 01
Jurisdiction of Municipal Code........................................................................................ 1
- 12
Penalty for violation of Code.......................................................................................... 1
- 13
Penalty when violation is a misdemeanor......................................................................... 1
- 14
Publication of
ordinances................................................................................................ 1
- 10
Record of ordinances..................................................................................................... 1
– 09
Responsibility for
violations.
........................................................................................... 1
- 15
Rules of construction
and definitions................................................................................ 1
- 02
Severability of parts of
Code.......................................................................................... 1
- 08
Unauthorized tampering
with Code................................................................................. 1
- 05