TITLE I
GENERAL PROVISIONS
Chapters:
10 Rule of Construction; Prior Ordinances; Errors and Omissions
11 Ordinances; Arrests and Fines
Chapter 10
RULES OF CONSTRUCTION; PRIOR ORDINANCES; ERRORS AND OMISSIONS
Sections:
10.001 Interpretation; journal reference.
10.002 Application to future legislation.
10.003 Captions.
10.004 General definitions.
10.005 Rule of separability.
10.006 Reference to other sections.
10.007 Reference to offices.
10.008 Ordinances repealed.
10.009 Ordinances unaffected.
10.010 Errors and omissions.
10.001 Interpretation; journal reference.
(A) This ordinance shall be known and may be designated and cited as "The Riverton Code."
(B) Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this code as those governing the interpretation of the Illinois Revised Statutes.
(C) Where a section of this code is followed by a reference to the Illinois Revised Statutes, such reference indicates that the section is analogous or similar to such Illinois Revised Statutes section. Footnotes, cross-references and other comments are by way of explanation only and should not be deemed a part of the text of any section. Historical references following a section show the ordinance number where applicable, the journal book wherein such ordinance has been filed, and the date of passage, along with any amendments to such sections.
10.002 Application to future legislation.
All of the provisions of Title I, not incompatible with future legislation, shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.
10.003 Captions.
Headings and captions used in this code other than the title, chapter and section numbers, are employed for reference purposes only, and shall not be deemed a part of the text of any section.
10.004 General definitions.
For the purpose of this code the following words and phrases shall have the meanings ascribed to them, except when otherwise provided:
(A) The expression "this code" or "this code of ordinances" shall mean the city code as adopted by this ordinance, and as hereinafter modified by amendment, revision and by the adoption of new titles, chapters or sections.
(B) Words denoting the masculine gender shall be deemed to include the feminine and neuter genders.
(C) Words in the singular shall include the plural, and words in the plural shall include the singular.
(D) The word "person" and its derivatives shall include a corporate body or any body of persons corporate or incorporate.
(E) A general term following specific enumeration of terms is not to be limited to the class enumeration unless expressly so limited.
(F) Either conjunction "and" "or" shall include the other as if written "and/or."
(G) The abbreviations "Ill. Rev. Stat." or "I.R.S." shall mean the Illinois Revised Statutes.
(H) The nouns "city," "town," "village," "municipal corporation" or "municipality," when used in this code, shall denote the Village of Riverton, irrespective of its population or legal classification.
(I) The word "month" shall mean a calendar month.
(J) The word "board" shall mean the board of trustees of the Village of Riverton.
(K) The word "property" shall include real and personal property.
(L) "Personal property" includes every species of property except real property.
(M) "Real property" includes lands, tenements and hereditaments and shall embrace all chattels real.
(N) Whenever the word "shall" appears in this code it shall be considered mandatory and not directory, except as otherwise specifically provided.
10.005 Rule of separability.
Each chapter, section or, whenever divisible, part section of this code of ordinances is hereby declared to be separable, and the invalidity of any chapter, section or divisible part section, shall not be construed to affect the validity of any other chapter, section or part section of this code.
10.006 Reference to other sections.
Whenever in one section reference is made to another section hereof, such reference shall extend and apply to the section referred to as subsequently amended, revised, re-codified or re-numbered unless the subject matter be changed or materially altered by the amendment or revision.
10.007 Reference to offices.
Reference to a public office or officer shall be deemed to apply to any office or officer exercising the powers, duties or functions contemplated in the provision irrespective of any transfer of functions or change in the official title of the functionary.
10.008 Ordinances repealed.
This code, from and after its effective date, shall contain all of the provisions of a general nature of the village pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code, and adopted prior to Aug 1, 1973 shall be deemed repealed from and after the effective date of this code of ordinances; provided, however, that nothing contained herein shall affect any rights, actions or causes of action which shall have accrued to the Village of Riverton prior to the effective date of this ordinance. All prior ordinances adopted after Aug 1, 1973, but prior to the effective date of this code shall not be deemed repealed by the adoption of this code, and shall be construed and take effect as amendments of this code.
10.009 Ordinances unaffected.
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not enumerated and embraced in this code of ordinances, shall remain in full force and effect unless herein repealed expressly or by necessary implication.
10.010 Errors and omissions.
If a manifest error be discovered consisting of the misspelling of any word or words, the omission of any word or words necessary to express the intention of the provisions affected, the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted or substituted as will conform with the manifest intention, and the provision shall have the same effect as though the correct words were contained in the text as originally published. No such alteration shall be made or permitted if any question exists regarding the nature or extent of such error.
Chapter 11 Sections:
ORDINANCES
11.001 Ordinances to be recorded by the clerk.
11.002 Clerk shall preserve and correct ordinances.
11.003 Date of passage and publication to be recorded.
11.004 Revised ordinances.
11.005 Repealed ordinances.
11.006 No suit, etc., released, etc. by repeal of ordinance.
11.007 Officers may elect remedies from which to proceed.
11.008 No fine to exceed $200.
11.009 President and acting president.
11.010 Ordinances, how construed.
11.011 General terms, etc. to be liberally construed.
11.012 Publication of certain ordinances.
ARRESTS AND FINES
11.015 Arrest without process.
11.016 Confinement of persons violating village ordinances.
11.017 Fines; action; payment; report; remittance of fine.
11.018 Failure to pay fine.
11.019 Commitment; how made.
11.020 Manner of conducting trials.
11.021 Witnesses.
11.022 General penalty for this code.
11.001 Ordinances to be recorded by the clerk.
All ordinances passed by the president and board of trustees shall be deposited in the office of the village clerk, and shall be duly recorded by the clerk in the record book of ordinances, and appropriately indexed by their Titles or subjects.
11.002 Clerk shall preserve and correct ordinances.
The village clerk shall file and carefully preserve the originals of all ordinances deposited in his office. He may correct any errors in the numbering of any chapter, article or section of any ordinance, and insert the proper numbers; and he may omit words inserted or supply, with brackets, words omitted by clerical mistake.
11.003 Date of passage and publication to be recorded.
The clerk shall make, at the foot of the record of each ordinance recorded as aforesaid, a memorandum of the date of its passage, and of the publication of such ordinance (when required to be published,) together with the name of the paper publishing the same.
11.004 Revised ordinances.
The revised ordinances of the village, when published in book form, by authority of the president and board of trustees, shall be deposited in the office of the village clerk. He shall deliver one copy to each officer of the corporation, and to such other persons as the mayor or president and board of trustees.
11.005 Repealed ordinances.
When any ordinance or part thereof, shall be repealed or modified by a subsequent ordinance, the ordinances or part thereof, so repealed or modified, shall continue in force until the taking effect of the ordinance repealing or modifying the same. No ordinance or part thereof, repealed by the president and board of trustees, shall be deemed to be revived by the repeal of the repealing ordinance, unless it shall be therein so expressly provided.
11.006 No suit, etc., released, etc. by repeal of ordinance.
No suit, proceeding, fine, penalty, forfeiture, debt, right or other liability whatever, instituted, incurred, created, given repeal or modification, shall be annulled, released, discharged or in any way affected by the passage of such repealing or modifying ordinance; but the same may be prosecuted, recovered, completed and enjoyed, as fully in all respects as if such ordinance or part thereof had remained in full force, unless otherwise expressly provided in the ordinance making such repeal.
11.007 Officers may elect remedies from which to proceed.
When any fine or penalty shall be provided by different ordinances, or by different sections or clauses of the ordinances of the village, for the same offense, the officer or person prosecuting may elect under which ordinance or section to proceed; but not more than one recovery shall be had against the same person for the same offense.
11.008 No fine to exceed $200.
Whenever a minimum but no maximum fine or penalty is imposed by ordinance, the court may, in its discretion, adjudge the offender or offenders to pay any sum of money over and above the minimum fine or penalty so fixed, not exceeding the sum of $200.
11.009 President and acting president.
When any duty shall be required of, or power vested in the president, the same shall be deemed to extend to and embrace, and may be exercised by the acting president also.
11.010 Ordinance, how construed.
When the provisions of different ordinances, or of the different portions of any ordinances, conflict with or contravene each other, the provisions and requirements of each ordinance or chapter shall prevail as to all subjects, matters and questions arising out of or embraced within the subject matter thereof. But if different or conflicting provisions be found in different sections of the same ordinance, the provisions of the section which is last in numerical order shall prevail, unless such construction would be repugnant to or inconsistent with the meaning of such ordinance or chapter.
11.011 General terms, etc. to be liberally construed.
All general provisions, terms, phrases and expressions, used in this or any ordinance hereafter passed, shall be liberally construed, in order that the true intent and meaning of the president and board of trustees may be carried out.
11.012 Publication of certain ordinances.
All ordinances of the village imposing any fine, penalty, imprisonment or forfeiture, or making any appropriation, shall within 10 days after they are passed, be published by the village clerk, once, in a secular newspaper of general circulation published in the village, or by publication in book or pamphlet form by authority of the village officials in accordance with the Illinois statutes, and such ordinances shall take effect 10 days after they are so published. All other ordinances, resolutions and orders shall take effect and be in force from and after their passage and approval, unless by statute or therein otherwise provided.
(Ord. 75-005 passed 4-1-75)
11.015 Arrest without process.
The several members of the police force of the village are hereby severally authorized to arrest, with or without process, or on view, any person or persons who may break the peace, or violate any of the ordinances of said village, when they have reasonable grounds for believing that delay will permit the escape of the person committing such violation, and to take such person or persons forthwith before a judge of a circuit court of the State of Illinois, or in case such arrest is made in the night, or on Saturday, to detain such person or persons in custody over night, or over Saturday, in the village jail, or any other safe place, until such person can be brought before such judge for trial.
11.016 Confinement of persons violating village ordinances.
In all cases of an arrest for a violation of any of the ordinances of the village, in which detention in custody of the person so arrested shall be authorized by law, it shall be the duty of the keeper of the village jail or other place of confinement provided for violators of ordinances, to receive, from any officer of the village legally empowered to make such arrests, any such person, and to safely keep until such person can be safely brought before the judge, and be tried for such violation in the manner prescribed by ordinance.
11.017 Fines; action; payment; report; remittance of fine.
All fines, forfeitures, penalties and costs imposed against any person by any of the ordinances of the village for the breach thereof, may be recovered before a judge or magistrate, by action of debt in the name of the village, and judgments may be rendered thereon and collected by execution or other process, as other judgments are rendered and collected; and such fines, forfeitures and penalties, for the use of the village within 10 days from the time of the receipt thereof by such judge.
11.018 Failure to pay fine.
(A) No defendant shall be committed to the Department of Corrections for the recovery of a fine or costs. (Ill. Rev. Stat. Ch. 38, § 1005-8-6(D)).
(B) An offender who defaults in the payment of a fine or in any installment may be held in contempt and imprisoned for nonpayment. The court may issue a summons and imprisoned for nonpayment. The court may issue a summons for his appearance or a warrant of arrest.
(C) Unless the offender shows that his default was not due to his intentional refusal to pay, or not due to a failure on his part to make a good faith effort to pay, the court may order the offender imprisoned for a term not to exceed 6 months if the fine was for a felony, or 30 days if the fine was for a misdemeanor, a petty offense or a business offense. Payment of the fine at any time will entitle the offender to be released, but imprisonment under this section shall not satisfy the payment of fine.
(D) If it appears that the default in the payment of a fine is not intentional under paragraph (C) of this section, the court may enter an order allowing the offender additional time for payment, reducing the amount of the fine or of each installment, or revoking the fine or the unpaid portion.
(E) When a fine is imposed on a corporation or unincorporated organization or association, it is the duty of the person or persons authorized to make disbursement of the assets, and their superiors, to pay the fine from assets of the corporation or unincorporated organization or association. The failure of such persons to do so shall render them subject to proceedings under paragraphs (B) and (C) of this section.
(F) A default in the payment of a fine or any installment may be collected by any means authorized for the collection of money judgment rendered in favor of the State.
(Ill. Rev. Stat. Ch. 38, § 1005-9-3)
11.019 Commitment; how made.
Commitment of any person as provided by this chapter shall be by process, under the hand of the court, which shall have made the order of commitment.
11.020 Manner of conducting trials.
The manner of conducting trials, granting continuances and changes of venue, subpoenaing witnesses, summoning and impaneling juries and taking appeals, shall, as near as possible, be the same as in civil cases before a judge of a circuit court.
11.021 Witnesses.
All officers making arrests shall attend as witnesses before the court where the trial may be had, and shall procure all necessary evidence in their power, and furnish a list of witnesses to the court, and no village officer shall be entitled to any witness fee to be taxed against the village on any action for a violation of any ordinance where the village is plaintiff.
11.022 General penalty for this code.
Whenever in any section of this code the doing of any act or the omission to do any act is declared to be a breach thereof, and there shall be no other fine or penalty prescribed by such breach, any person who shall be convicted of any such breach shall be adjudged to pay a fine of not less than $10, nor more than $200 for each offense.
ORDINANCES; ARRESTS AND FINES
ORDINANCES
ARRESTS AND FINES