CODE OF ORDINANCES
Chapter 1
GENERAL PROVISIONS
Sec. 1-1. Designation and citation of Code.
Sec. 1-2. Definitions and rules of construction.
Sec. 1-3. Catchlines of sections.
Sec. 1-4. Severability of parts of Code.
Sec. 1-5. General penalty; nuisances; continuing violations.
Sec. 1-6. Altering Code.
Sec. 1-7. Amendments to Code.
Sec. 1-8. Effect of repeal of ordinances.
Sec. 1-9. Miscellaneous actions and ordinances not affected by Code.
Sec. 1-10. Minor violations penalty.
Sec. 1-1. Designation and citation of Code.
The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of Marshall, Illinois," and may be so cited.
(Code 1976, § 1-1)
Sec. 1-2. Definitions and rules of construction.
In the construction of this Code, and of all ordinances, the following definitions and rules shall be observed, unless the context clearly indicates otherwise:
City. The words "the city" or "this city" shall be construed as if the words "of Marshall" followed, and shall extend to and include the city's several officers, agents and employees.
City council or council. Whenever the words "city council" or "the council" are used, they shall be construed to mean the city council of the City of Marshall.
Code. The word "Code" shall mean the Code of Ordinances, City of Marshall, Illinois, as now or hereafter amended.
Computation of time. The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this state, and then it shall also be excluded. If the day succeeding such Saturday, Sunday or holiday is also a holiday or a Saturday or Sunday then such succeeding day shall also be excluded.
Corporate limits. Wherever in this Code an act is prohibited, declared unlawful, or required to be performed, directly or by implication, such references shall imply "within the corporate limits of the City of Marshall.
County. The words "the county" or "this county" shall mean the County of Clark, State of Illinois.
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.
ILCS. When "ILCS" is used, it shall refer to the official Illinois Compiled Statutes, as amended.
Month, year. "Month" means a calendar month, and the word "year," a calendar year unless otherwise expressed; and the word "year" alone, is equivalent to the expression "year of our Lord".
Number. Words importing the singular number may extend and be applied to several persons or things, and words importing the plural number may include the singular.
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."
Office or officer. Reference to any office or officer of the city, state or county includes any person authorized by law to perform the duties of such office or officer.
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 word "person" shall include and be applied to individuals, associations, clubs, societies, firms, partnerships and bodies politic and corporate and their agents or employees.
Personal property. The term "personal property" includes every species of property except real property.
Shall, may. The word "shall" is mandatory; the word "may" is permissive.
State. The words "the state" shall be construed to mean the State of Illinois.
Superintendent. The word "superintendent" shall mean the superintendent of public works or his or her designee.
Tense. Words used in the present or past tense include the future as well as the present and past.
Title of officer, department, board or commission. Whenever a reference is made in this Code to the title of an officer, department, board or commission, such reference shall be construed as though followed by the words "of the City of Marshall."
Written, in writing. The words "written" and "in writing" may include printing, electronic and any other mode of representing words and letters; but when the written signature of any person is required by law on any official or public writing or bond, required by law, it shall be
(1) The proper handwriting of such person or, in case he or she is unable to write, his or her proper mark; or
(2) An electronic signature as defined in the Electronic Commerce Security Act (5 ILCS 175/1-101 et seq.), except as otherwise provided by law.
(Code 1976, §§ 1-2, 9 1/2-17; Ord. No. 02-28, § 1, 12-24-02; Ord. No. 05-9, § 1, 5-9-05)
State law references: Construction of statutes, 5 ILCS 70/0.01 et seq.
Sec. 1-3. 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 the 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.
(Code 1976, § 1-3)
Sec. 1-4. Severability of parts of Code.
The sections, paragraphs, sentences, clauses and phrases of this Code and their application to any persons or circumstances are severable, and if any phrase, clause, sentence, paragraph or section of this Code or its application shall be declared unconstitutional by the valid judgment or decree of the court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code or their application.
(Code 1976, § 1-5)
Sec. 1-5. General penalty; nuisances; continuing violations.
(a) The violation of, or failure to comply with, any provision of this Code shall constitute an offense against the city, and where no specific penalty is provided therefor, shall subject the offender, upon conviction, to a fine of not less than $50.00 nor more than $750.00. The payment of fines and costs of prosecution may also be enforced summarily against the property of the delinquent. The penalty may also include, or consist of:
(1) 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 highways or the maintenance of public facilities.
(2) Restitution to the person or persons who received any injury to their person or damage to their real or personal property as a result of the offense.
(b) Any person convicted of a violation of any section of this Code, shall, in addition to the fine assessed, be required to pay all of the city's expenses, including attorneys fees, of enforcing and prosecuting the ordinance violation.
(c) Any condition caused or permitted to exist in violation of any of the provisions of this Code or any ordinance of the city shall be deemed a public nuisance and shall be subject to abatement by the city.
(d) Each and every act, action or thing done in violation of the provisions of this Code or ordinance of the city shall be construed, deemed and taken as a separate and distinct violation of such provisions, and in every event that a violation of this Code or any of the provisions hereof shall continue, each day of such continuance shall be deemed, construed and taken as a separate and distinct violation of the provisions of this Code that such condition so allowed to continue shall violate.
(Code 1976, § 1-8; Ord. No. 95-17, § 1, 10-9-95; Ord. No. 99-26, § 1, 12-13-99; Ord. No. 04-25, § 1, 7-29-04)
State law references: Punishment for violation of municipal ordinance, 65 ILCS 5/1-2-1 et seq.
Sec. 1-6. Altering 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.
(Code 1976, § 1-7)
Sec. 1-7. Amendments to Code.
(a) All ordinances passed subsequent to this Code of Ordinances which amend, repeal or in any way affect this Code of Ordinances may be numbered in accordance with the numbering system of this Code and printed for inclusion therein, 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. Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the city council to make the same a part hereof, shall be deemed to be incorporated herein, so that reference to the Code shall be understood and intended to include such additions and amendments.
(b) Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section of this Code in substantially the following language: "That section ________ of the Code of Ordinances, City of Marshall, Illinois, is hereby amended to read as follows: . . . ." The new provisions may then be set out in full as desired.
(c) If a new section not then existing in the Code is to be added, the following language may be used: "That the Code of Ordinances, City of Marshall, Illinois, is hereby amended by adding a section (or article or chapter) to be numbered as follows ________, which section shall read as follows: . . . ." The new section may then be set out in full as desired.
(d) When the city council desires to enact an ordinance of a general and permanent nature on a subject not then existing in the Code, which the council desires to incorporate into the Code, a section in substantially the following language may be made a part of the ordinance:
"Section ________. It is the intention of the city council and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Marshall, Illinois, and the sections of this ordinance shall be renumbered to accomplish such intention."
(e) All sections, articles, chapters or provisions of this Code desired to be repealed should be specifically repealed by section number or chapter number, as the case may be.
(Code 1976, § 1-6)
Sec. 1-8. Effect of repeal of ordinances.
(a) The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
(b) 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.