CHAPTER 1. GENERAL GOVERNMENT
Article 1. THE CORPORATE AUTHORITIES
1.101 COMPOSITION: VACANCY
- The corporate authorities of the Village of Camargo shall consist of the President and the Board of Trustees. The Board of Trustees shall consist of six members elected at-large in the Village.
- In case any vacancy occurs in the office of Trustee by death, resignation, removal or any other cause, the vacancy shall be filled at the next general election; provided, the President, with the advice and consent of the Council, may appoint a person to serve as Trustee in the vacancy until the next general election.
1.102 FUNCTION OF THE PRESIDENT
The President shall be the Chief Executive Officer of the Village, and shall perform all such duties as may be required of him by statute or ordinance. He shall have supervision over all of the executive officers of the Village, and shall have the power and authority to inspect all books and records kept by any officer of the Village at any reasonable time.
1.103 FUNCTIONS OF THE BOARD OF TRUSTEES
The Board of Trustees shall be the legislative department of the Village government, and shall perform such duties and have such powers as may be authorized by statute or ordinance.
The Board of Trustees shall have jurisdiction over all places inside the Village limits, and for the purpose of zoning, over all places within one and one-half miles of
the Village limits.
1.105 REGULAR MEETINGS
The regular meetings of the Board of Trustees shall be held on the second Monday of each calendar month of each year. The time to be 7:00 p.m. The meeting place shall be at the
Community Building unless otherwise ordered by ordinance.
Any meeting falling upon a legal holiday shall be held on the day following at the place above mentioned.
1.106 ADJOURNED MEETINGS
Adjourned meetings may be held for the purpose of completing the unfinished business of the regular meetings at such time or times as may be determined by the Board of Trustees.
1.107 SPECIAL MEETINGS
The President or any three Trustees may call a special meeting of the Board of Trustees by written call filed with the Village Clerk. The Clerk shall notify in writing, the President, Trustees, and appropriate officers at least twenty-four (24) hours in advance of said, special meeting, either personally or by mail, stating the purpose for which said meeting is called. No business shall be transacted at
a special meeting except that mentioned in the Clerk’s notice. The Clerk shall enter into the minutes of a special meeting proof that all members were notified. The Clerk shall give public notice of a special meeting in the manner provided
1.108 NOTICE OF MEETINGS
A schedule of regular meetings shall be prepared by the Clerk at the beginning of each calendar year. Said schedule shall be posted in the Community Building. A copy of said schedule and a copy of every notice of a special meeting shall be provided to any representative of the news media who has requested such notices.
It shall be the duty of every member of the Corporate Authorities to be present on time at every meeting of the Board of Trustees unless unavoidably prevented; nor shall any member absent himself during the session unless excused by a majority of the members present.
1.110 FAILURE TO ATTEND MEETINGS Repealed April, 2012
If any Trustee fails to attend the regular meetings of the Board of Trustees on three successive occasions, unless such absences have been excused because of illness or circumstances beyond the absent Trustee’s control, the seat of the Trustee shall be deemed vacant the same as though the Trustee had resigned from his office.
- Any Trustee wishing to avail himself of the exemption provided in the above paragraph, shall file in writing with the Village Clerk, not later than twenty-four (24) hours prior to the third such successive Board meeting from which he proposes to be absent, his reasons for absenting himself.
No business of the Corporate Authority shall be conducted without a quorum present. A quorum shall consist of at least four (4) Trustees.
1.112 VOTES REQUIRED
- All ordinances for whatever purpose, and any resolution or motion to create any liability against the Village or for the expenditure or appropriation of money shall require the concurrence of a majority of all members of the Corporate Authority then holding office. All ordinances, resolutions or motions to sell Village property, or to vacate streets and alleys shall require the concurrence of three- fourths (3/4) of the Trustees then holding office.
- Every member of the Board shall vote on all questions presented to the Board and requiring a vote except where the law requires abstention. In case any member refuses to vote, unless otherwise required by law, he shall be considered as having concurred or acquiesced in the majority vote of the members present and voting.
- The yeas and nays shall be taken upon the passage of all ordinances, all propositions to create any liability against the Village or the expenditure or appropriation of its money, and all other cases at the request of any member. Such vote shall be entered on the journal of the proceedings. A concurrence of a majority of all members elected to the Village Board shall be necessary to the passage of any such ordinance or proposition, except as mentioned above in paragraph A.
1.113 RECONSIDERING OR RESCINDING VOTE
No vote of the Village Board shall be reconsidered or rescinded at any special meeting thereof, unless, at the special meeting, there are present as many Trustees as were present when the vote was taken.
1.114 APPROVAL OF THE PRESIDENT; VETO
All ordinances passed by the Village Board and all resolutions and motions which create any liability against the Village, or provide for the expenditure or appropriation
of its money, or provide for the sale of any Village property, shall be deposited with the Village Clerk. If the President approves of them, he shall sign them. If he disapproves, he shall return them to the Village Board, with his written objections at the next regular meeting of the Village Board which occurs not less than five days after their passage.
The President may disapprove of one or more sums as appropriated in any ordinance, resolution, or motion making an
appropriation and the remainder shall be effective, or the President may disapprove entirely of an ordinance, resolution, or motion making an appropriation. If the President fails to return any ordinance or any specified resolution or motion with his written objections within the designated time, it shall become effective despite the absence of his signature.
1.115 BOARD OVERRIDE OF VETO
If the President disapproves of an ordinance or specified resolution or motion, the Board, upon receipt of the President’s written objections, shall reconsider the same, and if, after such reconsideration, two-thirds (2/3) of all the Trustees then holding office agree to pass such ordinance, resolution, or motion over the President’s veto, then it shall be effective. The vote on the question of passage over the President’s veto shall be by yeas and nays, and shall be recorded in the journal.
1.116 RECORDS OPEN TO INSPECTION
All records, books, and papers pertaining to any village officer shall, at all reasonable times, be subject to the inspection and examination of the President, Village Board,
or any of its committees. All village officers shall, when requested, give all the information in their power pertaining to their respective offices to the Village Board or any of its committees or any other department of the Village government.
1.117 RULES OF ORDER
The President shall preserve order and decorum and shall decide all questions of order, subject to an appeal
to the Board. Appeals to the Board shall be decided without debate. On all points of order not herein specifically provided for, Robert’s Rules of Order is adopted and made the law governing the deliberation of the Board.
1.118 ORDER OF BUSINESS
The order of business of all regular meetings of the Village Board at which a quorum is present shall be as follows:
- Roll Call
- Reading and approval or disapproval of the minutes of the proceedings of the last meeting
- Petitions and communications to the Board
- Reports of Committees
- Reports of officers
- Presentations of claims and accounts
- Unfinished business
- New and miscellaneous business
1.119 STANDING COMMITTEES
The Board shall be divided into the following standing committees:
- Parks & Recreation
- Community Development
- Public Works
- Streets & Alleys
- Public Buildings, Grounds, and Equipment
These committees shall be appointed by the President, at the first meeting after the biennial election, and shall consist of three (3) members each. When appointing the committees, the President shall designate the chairman thereof. Any vacancy on a committee shall be filled by appointment by the President. The committees shall perform such functions as may be assigned to them from time to time by the Board and shall report to the Board on such matters and at such times as they see fit or that the Board may require.
Article 2. THE PRESIDENT
1.201 DUTIES AND POWERS
- The President shall perform all duties that are or may be prescribed by law or the village ordinances and shall take care that the village ordinances and laws are faithfully executed.
- The President shall preside at all meetings of the Board and shall have no vote, except in case of a tie, where one-half of the Trustees elected have voted in favor of an ordinance, resolution, or motion even though there is no tie vote, and where a vote greater than a majority of the Board is required by law to adopt an ordinance, resolution, or motion.
- The President shall have power at all times to examine and inspect the books, records, and papers of any agent, employee, or officer of the Village.
- The President shall have power to remove any officer appointed by him, on any formal charge, whenever he is of the opinion that the interests of the Village demand such removal, but he shall report the reasons for the removal to the Village Board at a meeting to be held not less than five days nor more than ten days after the removal. If the President fails or refuses to file with the Village Clerk a statement of the reasons for the removal, or if the Village Board by a two-thirds vote of all its members authorized by law to be elected, disapproves of the removal, the officer shall thereupon be restored to the office from which he was removed. The vote shall be by yeas and nays, which shall be entered upon the record. Upon restoration, the officer shall take a new oath of office.
1.202 VACANCY IN OFFICE OF PRESIDENT
Whenever a vacancy occurs in the office of the President and there remains an unexpired term of at least 28 months
and the vacancy occurs at least 130 days before the next scheduled general municipal election, the vacancy shall be filled at that general municipal election. If the vacancy is less than the time provided herein, the Village Board shall select one of its members to act as President, and he shall perform all the duties and possess all the rights and powers of the President until his successor is elected at the next general municipal election.
1.203 ABSENCE OF THE PRESIDENT
(A) If the President is unable to perform his duties
because of temporary absence from the Village or disability, the Board shall elect one of its members to be President
Pro Tem in accordance with the Illinois Municipal Code.
- If a majority of the Trustees present at a Board meeting agree that an emergency exists during the temporary absence of the President, they may appoint a Trustee to act as Temporary President in accordance with Illinois Municipal Code.
- If the President is not present at a meeting of the Village Board, the Board shall elect one of its members to be President Pro tem of the meeting.
- An Acting President, a President Pro Tem, a Temporary President, and a Trustee acting as presiding officer may vote in his capacity as Trustee but may not be entitled to a second vote on any single matter.
1.204 SALARY OF PRESIDENT
The salary of the President of the Village of Camargo is hereby fixed at $200.00 for each regular or special meeting attended.
Article 3. THE CLERK
1.301 GENERAL DUTIES
- It shall be the duty of the Village Clerk to attend the regular and special meetings of the Village Board, and keep full record of its proceedings in the Minutes, and to record, in a book to be kept for the purpose, all ordinances which may be passed from time to time by the Board, and at the foot of the record of each ordinance so recorded to make a memorandum of the date of the passage and of the publishing or posting of such ordinance.
- He shall keep and preserve safely all papers pertaining to his office, prepare and deliver all licenses, bonds and certificates of sale and redemption, on the receipt of the proper sums of money therefor, countersign all vouchers and deliver the same when called for, taking a receipt for the same.
- He shall notify all officers appointed by the President, or elected, of their selection. He shall exercise a general supervision over all the officers of the Village charged in any manner with the receipt, collection or disbursement of corporate revenues, and the collection and return of such revenues into the treasury.
- He shall have the charge, custody and control of all deeds, leases, warrants, vouchers, books and papers of any kind; the custody and control of which is not herein given to any other officer. He shall seal and attest all contracts of the Village and all licenses, permits and other documents as shall require this formality.
There shall be a seal of said Village of Camargo which shall be designated the “Corporate Seal” and shall be kept
by the Village Clerk, and used by him officially, as directed by law. Said seal shall have engraved upon it the words “Corporate Seal of Camargo”, encircling the words, “of the Village”.
In addition to the record of ordinances and other records which the Clerk is required by statute to keep, he shall keep a register of all licenses and permits issued,
and the payments thereon; a record showing all of the officers and regular employees of the Village and such other records
as may be required by the Board.
1.304 ADDITIONAL DUTIES
The Clerk shall perform such other duties and functions as may be required by statute, by this Code, or by the Village Board.
1.305 SALARY OF THE CLERK
The salary of the Village Clerk of the Village of Camargo is hereby fixed at $150.00 for each regular and special meeting of the Village Board attended.
Article 4. THE TREASURER
- The Village Treasurer shall receive all moneys belonging to the Village, disburse the same upon warrants signed by the President and countersigned by the Village Treasurer and cancel all warrants as soon as redeemed by him by writing or stamping upon the word “paid”.
- The Village Treasurer shall keep proper books in such manner that they may be readily understood and investigated. The books shall contain a separate account of each fund or appropriation and the debts and credits belonging thereto, and a general and accurate account of all moneys received by him, from whom received and to whom disbursed, and on what account received and disbursed.
- The Village Treasurer shall, at the first meeting of each month or more often if required, render an account to the Village Board, showing the state of the Treasury at the date of the account and the balance of the money in the Treasury, with a statement showing all moneys received into the Treasury, on what account, and what warrants have been redeemed by him.
- All moneys received on any special assessments shall be held by the Treasurer as a special fund to be applied to the payment for the improvement for which the assessment was made. These moneys shall be used for no other purpose.
All warrants drawn upon the Treasurer must be signed by the President and countersigned by the Treasurer stating the particular fund or appropriation to which the warrant is chargeable and the person to whom payable.
1.403 PERSONAL USE OF VILLAGE FUNDS PROHIBITED
The Treasurer is expressly prohibited from using, either directly or indirectly, the public moneys or warrants in his custody or keeping for his own use or benefit or that of
any other person or persons such public moneys or warrants. For any violation of this provision, he shall be liable for the amount of money misapplied and shall be subject to removal from office by the Village Board.
1.404 SALARY OF THE VILLAGE TREASURER
The salary of the Village Treasurer is the Village of Camargo is hereby fixed at $6,000 per year.
Article 5. OFFICERS and EMPLOYEES
1.501 ELECTED OFFICER
The elected officers of the Village of Camargo shall consist of the President, the Trustees, and the Clerk. All said officers shall serve for a term of four (4) years and until their successors are elected and qualified as provided by statute. The duties of said officers are as described in the appropriate sections of this Code.
1.502 APPOINTED OFFICERS
The appointed officers of the Village of Camargo shall consist of the Superintendent of the Water Works, Maintenance Supervisor, Village Treasurer, and the Building Inspector. All other appointed personnel shall be considered Board or Commission members or employees and shall not be subject to the provisions of this Article as they apply to officers.
Unless otherwise provided by this Code, the President shall appoint all appointed officers and employees subject to the advice and consent of a two-thirds (2/3) majority
of the elected Trustees. The President may appoint a person to temporarily hold an office for no more than thirty (30) days without said advice and consent.
The Village Board shall have power to remove from office any of the officers, employees and Board or Commission members of the Village for malfeasance, misfeasance or nonfeasance in office in the manner provided by statute.
1.505 ELIGIBILITY FOR OFFICE
No person shall be eligible for any Village office or employment unless he is a qualified elector of the Village and has resided therein at least one year next preceding his election or appointment. However, these requirements shall not apply to those appointive officers who require technical training or knowledge. But no person shall be eligible to any office who is a defaulter to the Village.
1.506 CERTIFICATE OF APPOINTMENT OR ELECTION
Whenever a person has been appointed or elected to office, the President shall issue a Certificate of Appointment or Election, under the corporate seal, to the Clerk. All appointed officers shall be commissioned by warrant, under
the corporate seal, signed by the Clerk and the President. 1.507 OATH
Before entering upon the duties of their respective offices, all officers, whether elected or appointed, shall take and subscribe the following oath:
“I do solemnly swear that I will support the Constitution of the United States, and the
Constitution of the State of Illinois, and that I will faithfully discharge the duties of the
office of according to the best
of my ability.”
This oath, so subscribed, shall be filed in the office of the Clerk.
1.508 DELIVERY OF OFFICE TO SUCCESSOR
Within five (5) days after notification and request, any person who has been an officer, or employee, shall deliver to his successor in office all property, books
and effects in his possession, belonging to the Village, or appertaining to the position he has held. Upon his refusal to do so, he shall be liable for all the damages caused thereby and shall be deemed in violation of this Article.
1.509 MONEY COLLECTED
Every officer and employee shall turn over all money received by him on behalf of the Village to the Treasurer promptly on receipt of the same. He shall keep account showing all money received by him, and the source and disposition thereof, and shall keep such other accounts as may be required by the Village Board.
All records kept by any officer of the Village shall be open to inspection by the President or any Trustee at
all reasonable times, whether or not such records are required to be kept by statute or ordinance.
1.511 RESISTING OFFICERS
Any person who shall willfully hinder, delay, resist or obstruct any Village officer, or any person legally
authorized by him, in the discharge of his duty, or shall aid, abet or encourage any such hindering, delaying, resisting or obstructing, shall neglect or refuse to obey any lawful order or direction of any such officer, shall be deemed in violation of this Article.
1.512 PERSONNEL POLICY
The Village Board shall adopt a Personnel Policy to define the rights and duties of appointed officers and employees. A copy of said policy shall be distributed to each and every officer and employee. Wherever the provisions of said policy may conflict with the provisions of the Code, Statute, or Village ordinance, the changes or amendments shall be made to said policy without the consent of the Village Board.
1.513 DESIGNATION OF DUTIES
Whenever there is a dispute as to the respective duties or powers of any officer or employee of the Village, this dispute shall be settled by the President after consultation with the Village Attorney. The President shall have the power to delegate to any appointed officer or employee any duty which is to be performed when no specific officer
or employee has been directed to perform that duty.
1.514 WORKMEN’S COMPENSATION COVERAGE
The Village shall provide Workmen’s Compensation Insurance to cover all employees, elected officers, and appointed officers while in the exercise of their duties on behalf of the Village.
1.515 SOCIAL SECURITY COVERAGE
It is hereby declared to be the policy and purpose of the Village to extend to the eligible employees thereof, the benefits of the Federal Old-Age and Survivors Insurance System as authorized by the Federal Social Security Act and Amendments thereto.
In pursuance of said policy, and for that purpose, the Village Treasurer shall take such action as may be required by applicable State and Federal laws or regulations.
- The Treasurer is hereby authorized and directed to execute an agreement with the State Employee’s Retirement System of the State of Illinois (Social Security Unit) to secure coverage of eligible employees.
- Withholdings from salaries or wages of employees are hereby authorized to be made in the amounts and at such times as may be required by applicable State or Federal laws or regulations, and shall be paid over to the State Agency in such amounts and at such times as are designated by State laws or regulations.
(C) Employer contributions and administrative expense shall be paid to the State Agency in accordance with applicable State laws and regulations from amounts appropriated for such purposes.
(D) The Treasurer shall maintain such records and submit such reports as may be required by applicable State and Federal laws or regulations.
1.516 SALARIES OF TRUSTEES
The salary of each Trustee of the Village of Camargo is hereby fixed at $75.00 for each regular or special meeting said Trustee shall attend. Each Trustee (Ordinance 041112A) may miss one meeting and still be compensated in full.
1.517 SALARIES OF OFFICERS AND EMPLOYEES
The salaries and wages of all employees of the Village shall be as determined by the Village Board, and no increase or decrease in salaries or wages for any employee of the Village shall be effective or valid until the Village Board’s consent thereto has been obtained.
1.518 RESIDENT AND NONRESIDENT
The policy of the Village Board is that qualified residents of the Village will be given preference over nonresidents for employment purposes; provided, that if there is no qualified personnel within the Village, the Board may at its discretion employ a qualified nonresident if such nonresident resides within ten miles of the Village.
1.518 PROBATIONARY PERIOD
All employees, resident and nonresident, shall serve a 90-day probationary period before being eligible for permanent employment.
1.520 OFFICIAL HOLIDAYS
(A) The following are designated official holidays for the Village:
New Year’s Day
Good Friday Independence Day
The day after Thanksgiving
December 24 Christmas Day
- Any employee who, because of the nature of his work, is required to be on duty on any holiday, shall be entitled to an alternate day off.
- When any official holiday as designated in division (A) hereof falls on a Saturday, all Village employees shall be entitled to a holiday on the Friday immediately preceding the Saturday on which the holiday falls.
- When any official holiday as designated in division (A) hereof. falls on a Sunday, all Village employees shall be entitled to a holiday on the Monday immediately following the Sunday on which the holiday falls.
- Should an official holiday fall within the selected vacation period of any employee, the employee shall be entitled to one additional day of vacation.
- All persons who have been in the employ of the Village for one full year shall be entitled to two weeks of vacation at the rate of pay in effect when the vacation is taken. All persons who have been in the employ of the Village for two full years or longer shall be entitled to two weeks of vacation at the rate of pay in effect when the vacation is taken.
- No employee shall be permitted to take vacation periods for two consecutive years back to back.
Article 6. PREVAILING WAGE RATE
Whereas, the State of Illinois has enacted “An Act regulating wages of laborers, mechanics and other workers employed in any public works by the State, county, city or any public body or any political subdivision or by anyone
under contract for public works, ” (“the Act”), being Illinois Revised Statutes, Chapter 48, Paragraph 39s-1 through 39s-12, and;
Whereas, Illinois Revised Statutes, Chapter 48, Paragraph 39s–9 requires every municipality in the State to investigate and ascertain the prevailing wage for such municipality.
Now, therefore, be it resolved by the Board of Trustees of the Village of Camargo, Douglas County, Illinois, as follows:
1.602 CONSTRUCTION WORKERS
In accordance with the Act, the prevailing wage rate
for laborers, mechanics and other workers engaged in construction of public works projects in the Dougla8 County area as determined by the Illinois Department of Labor, a copy of which determination is attached hereto and made a part hereof by reference as
1.603. NOT APPLICABLE
The determination of a prevailing wage for various classes of laborers, mechanics and other workers made in Section 1 and set forth in “Exhibit A” shall not be construed to apply to any employment or work except public works construction
of the Village as required by the Act.
The Village Clerk is directed to publicly post or have available for inspection by any interested party in the main office of the Village this determination of prevailing wage rates.
The Village Clerk is directed to cause notice to be published in a local newspaper of general circulation within the Village that this determination is in effect and is available for public inspection. Further, the Village Clerk shall mail a copy of this determination to any employer or association of employers who have filed their names and addresses together with their request for a copy of the determination as to particular rates and particular classes of
workers whose wages will be affected by such rates.
The Village Clerk is directed to file a certified copy of this determination with the office of the Secretary of State of the State of Illinois in Springfield, Illinois.
1.606 FOLLOWING YEAR’s RATES
The Village Clerk is directed on June 1, or as
soon thereafter as practical but during the month of June, to make a formal request of the Illinois Department of Labor to ascertain the prevailing wage rates for public works projects in the Village for the next year.
(Passed 3rd day of October, 1983)
CHATTER 2. FINANCES
Article 1. GENERAL PROVISIONS
2.101 ORGANIZATION OF CITY FINANCES
The Village moneys shall be kept by the Treasurer in such funds as are from time to time required by law or determined by the Village Board.
2.102 FISCAL YEAR
The Village financial planning and reporting procedures shall be based on a fiscal year that commences on the first day of May in each calendar year and ends on the thirtieth (30th) day of April in the following year.
The following banks are hereby designated depositories in which the funds and moneys of the Village may be deposited:
Longview State Bank, Camargo, Illinois
Villa Grove State Bank, Villa Grove, Illinois
Each bank designated as depository for such funds or moneys shall furnish the Village Board with a copy of all bank statements, which it is required to furnish to the appropriate State Officer, while acting as such depository.
If such funds or moneys are deposited in a bank herein designated as a depository, the amounts of such deposits shall not exceed 75% of the Capital Stock and Surplus of such bank,
and the Village Treasurer shall not be discharged from responsibility for any such funds or moneys deposited in any bank in excess of such limitation.
No indebtedness shall be incurred, excepting such indebtedness as may be payable solely from the proceeds of a duly authorized bond issue or from a designed specified source, unless there is a prior appropriation out of which
such indebtedness could be paid, as provided by statute. The Village shall not become indebted in any manner or for any purpose to an amount in the aggregate exceeding those limitations prescribed by statute.
2.105 CHECKS AND WARRANTS; LIMITATION
(A) All checks or warrants property authorized to be drawn on the Treasurer of the Village of Camargo, shall bear
the signatures of the President and the Village Treasurer, and no such check or warrant shall be valid unless the signatures of each of the said Village Officers appear thereon.
(B) Warrants payable on demand shall be issued upon the Village Treasurer only when, at the time of the drawing and issuing of the warrants, there is sufficient money in the appropriate fund to pay the warrants.
No bills, claims, or expenditures of any kind or nature shall be paid and no order drawn on the Treasurer of the Village therefor, unless such bill or claim shall have been passed on and allowed by the Village Board, specifying upon which fund and account the order shall be drawn. All bills, claims, expenditures, orders, and transfers from one fund to another, shall be done only with warrants property signed, stating the particular fund and account to which the same
The President, or any other person designated by the Village Board, may sign on behalf of the Village any contract authorized by the Board. No contract may be entered into without the authority vote of the Corporate Authorities.
As soon as practicable at the close of each fiscal year, and no later than six months thereafter, there shall
be an audit of all accounts of the Village made by a competent person authorized to act as an auditor under the laws of the State of Illinois, to be designated by the Village Board. Copies of such audit report shall be filed with the Clerk
and with the State Comptroller and in such other places as may be required by law.
2.109 PURCHASES OVER $10,000; BIDS REQUIRED
(A) No contract for services, materials, or both, involving an expenditure of village funds in excess of $10,000 shall be negotiated on behalf of the Village unless bids have been invited and received for the performance of such services or the provision of such material or both. However, such contract may be entered into by the proper officers, without any advertisement for bids being made, if the officers are authorized to do so by a vote of two-thirds (2/3) of all Trustees then holding office. In no case shall proposed contracts for professional services require any advertisement for bids.
(B) The successful bidder for the performance of services or the provision of materials shall, as soon as practicable following the award and before commencing performance of services or deliver of materials, enter into a written contract with the Village. The contract shall not be binding upon the Village unless it has been examined by the Village Attorney and the Village Board. When approved
by the Board and examined by the Village Attorney the contract shall be executed on behalf of the Village by the President, attested by the Village Clerk.
2.110 BILLS TO BE ITEMIZED
Every bill presented to the Village Board for allowance shall contain an itemized statement of the articles for which payment is asked.
2.201 IMPOSING TAX
Be it ordained by the President and Board of Trustees of the Village of Camargo, Illinois, that a tax is hereby imposed upon all persons engaged in the business of selling tangible personal property at the retail rate of one per cent of the gross receipts from such sales made in the course of such business while this Ordinance is in effect, in accordance
with the provisions of Section 8-11-1 of the Illinois Municipal Code.
(Amended October 6, 1969)
2.202 REPORTING TAX
Every such person engaged in such business in the Village shall file on or before the last day of each calendar month, the report to the. State Department of Revenue required by Section Three of “An Act in Relation To a Tax upon Persons Engaged in the Business of Selling Tangible Personal Property to Purchasers for Use or Consumption” approved June 28, 1933 as amended.
At the time such report is filed, there shall be paid to the State Department of Revenue the amount of tax hereby imposed on account of the receipts from sales of tangible personal property during the preceding month,
2.204 RECORDING ORDINANCE
The Village Clerk is hereby directed to transmit to the State Department of Revenue a certified copy of this
Ordinance not later than five (5) days after the effective date of this Ordinance.
2.205 PUBLISHING ORDINANCE
This Ordinance shall be published within ten (10) days of its enactment as provided in Section 1-2-4 of the Illinois Municipal Code and shall be effective from and after the first day of the calendar month next following the expiration of
the ten (10) day publication period.
2.206. REPEALING PREVIOUS ORDINANCES
All Ordinances and parts of Ordinances inconsistent with the provisions of this Ordinance are hereby repealed. This Ordinance shall take effect on the first day of October, 1967.
(Passed September 5, 1967)
2.207 FARM MACHINERY
Be it ordained by the Village President and the Board
of Trustees of the Village of Camargo, Douglas County, Illinois, assembled in regular session this 3rd day of November, 1980, that whereas,, House Bill 2921 (Public Act 81-1379), effective August 12, 1980, has been adopted by the Illinois General Assembly,; and
Whereas said Act amends Section 8-11-1, 8-11-5, and 8-11-6 of the Illinois Municipal Code; and
Wnereas, said Amendments provided that certain farm machinery and equipment is partially excluded from the Municipal Retailers Occupation Tax; and
Whereas, it is the desire of the Village, of Camargo, Douglas County, Illinois, that sales or use of such farm machinery and equipment remain subject to said taxes.
Now, therefore, be it ordained by the Board of Trustees of the Village of Camargo, Douglas County, Illinois, as follows:
- That the Ordinances of the Village of Camargo, Douglas County, Illinois, imposing Municipal Retailers’ Occupation Tax are hereby amended by adding thereto new sections at the end thereof and with said new sections to read as follows:
(1) Exclusion a-1 contained in Section 2 of the “Retailers Occupation Tax Act”, approved June 28, 1933, as amended, shall not apply to persons engaged in the business of selling tangible personal property at retail v’ithin the Village of Camargo, Douglas County, Illinois.
- That in all other respects said Ordinances as heretofore passed and approved be, and the same are hereby, ratified and confirmed.
- That all Ordinances or parts of Ordinances to the extent only that they are in conflict with this Ordinance are hereby repealed.
- This Ordinance shall be in full force and effect upon its passage and publication as provided by law.
(Passed November 3, 1980)2.301 IMPOSING TAX
Be it ordained by the President and Board of Trustees of the Village of Camargo, Illinois, that a tax is imposed on all persons engaged in the Village of Camargo in the business of making sales of service at the rate of 1% of the cost price of all tangible personal property transferred
by said servicemen either in the form of tangible personal property or in the form of real estate as an incident to a sale of service in accordance with Section 8-11-5 of the Illinois Municipal Code.
(Amended October 6, 1969)
2.302 REPORTING TAX
Every supplier or serviceman required to account for Municipal Service Occupation Tax for the benefit of this municipality shall file, on or before the last day of each calendar month, the report to the State Department of Revenue required by Section 9 of the Service Occupation Tax Act.
At the time such report is filed, there shall be paid to the State Department of Revenue the amount of tax hereby imposed.
2.304 RECORDING ORDINANCE
The Village Clerk is hereby directed to transmit to the State Department of Revenue a certified copy of this
Ordinance not later than five (5) days after the effective day of this Ordinance
2.305 PUBLISHING ORDINANCE
This Ordinance shall be published within ten (10) days of its enactment as provided in Section 1-2-4 of the Illinois Municipal Code and shall be effective from and after the first day of the calendar month next following the expiration of the ten (10) day publication period.
2.306 REPEALING PREVIOUS ORDINANCES
All ordinances and parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed. This ordinance shall take effect on the first day of October, 1967.
(Passed September 5, 1967)
2.307 FARM MACHINERY
Be it ordained by the Village President and the Board
of Trustees of the Village of Camargo, Douglas County, Illinois, assembled in regular session this 3rd day of November, 1980, that whereas, House Bill 2921 (Public Act 81-1379), effective August 12, 1980, has been adopted by the Illinois General Assembly; and
Whereas said Act amends Section 8-11-1, 8-11-5, and 8-11-6 of the Illinois Municipal Code; and
Whereas, said Amendments provided that certain farm machinery and equipment is partially excluded from the Service Occupation Tax; and
Whereas, it is the desire of the Village of Camargo, Douglas County, Illinois, that sales or use of such farm machinery and equipment remain subject to said taxes.
Now therefore be it ordained by the Board of Trustees
of the Village of Camargo, Douglas County, Illinois, as follows:
- That the Ordinances of the Village of Camargo, Douglas County, Illinois, imposing Service Occupation Tax are hereby amended by adding thereto new sections at the end thereof and with said new section to read as follows:
(1) The farm machinery and equipment exclusion contained in Section 3 of the “Service Occupation Tax Act”, approved July 10, 1961, as amended, shall not apply to persons engaged in the business of making sale of service within the Village of Camargo, Douglas County, Illinois.
- That in all other respects said Ordinances are heretofore passed and approved be, and the same are hereby ratified and confirmed.
- That all Ordinances or parts of Ordinances to the extent only that they are in conflict with this Ordinance are hereby repealed.
- This Ordinance shall be in full force and effect upon its passage and publication as provided by law.
(Passed November 3, 1980)
CHAPTER 3. LICENSES AND PERMITS Article 1. GENERAL PROVISIONS
3.101 PERSONS SUBJECT TO LICENSE
Whenever in this Code, or in any Village ordinance, a license or permit is required for the maintenance, operation or conduct of any business or establishment, or for doing business or engaging in any activity or occupation, any person, firm or corporation shall be subject to the requirements if by himself or itself, or through an agent, employee or partner, he or it is held forth as being engaged in the business, activity, or occupation, or if he or it performs or attempts to perform any part of business, activity, or occupation in the Village.
Any person, firm or corporation desiring a license
or permit required by this Code shall make a written application therefor to the Village Clerk or other officer as designated
by this Code. The application shall state:
(A) The applicant’s name and residence
(B) The purpose for which the license or permit is required
(C) The location, if appropriate
(D) For what length of time the license or permit is needed
(E) Such additional information as may be needed for the proper guidance of the Village officials in this issuing of the license or permit applied for.
The application for a license or permit shall be accompanied by payment of the fee as determined by the appropriate Article of this Code. Where no fee is specifically defined, there shall be no payment required.
Upon the receipt of an application for a license or permit, where an investigation or inspection is required by ordinance before the issuance of such permit or license, or where an inspection or investigation shall be deemed reasonably necessary or appropriate, the Clerk, within forty-eight (48) hours of such receipt, shall refer the application to the officer authorized by this Code to issue such license or
permit for the making of such investigation or inspection.
3.105 ACTION UPON INSPECTION
Within four (4) business days the issuing officer shall reply to the applicant:
- If it shall appear to the officer that the matters and circumstances relating to an application require further information before a proper determination can be made, such application shall be returned to the applicant for the inclusion of such additional information as may be specified necessary and appropriate.
- If, after due consideration of the information contained within the application and the related inspection, the official shall determine that the matters concerning the application unsatisfactory, he may disapprove such application, indicating the reasons therefor. Thereupon, the Clerk shall promptly return any license or permit fee.
- If, after due consideration of the information contained within the application and the related inspection, the officer shall determine that the application is satisfactory, he shall approve the application. Thereupon, the officer and the Clerk shall issue the license or permit.
3.106 FORM OF LICENSE OR PERMIT
Each license, permit or certificate shall be signed by the officer authorized by this Code to issue such license
or permit, and countersigned and sealed by the Village Clerk, and shall be on a form supplied by the Village Clerk.
3.107 LICENSE TO BE POSTED
It shall be the duty of every person conducting a business or activity licensed or permitted by this Code to keep his license or permit posted in a prominent place on the premises used for such business or activity at all times.
3.108 TERMINATION OF LICENSES
All annual licenses shall be operative and the license year of the Village shall commence on the first day of May
of each year and shall terminate on the last day of April of the following year, where no provision to the contrary is made.
The Clerk shall notify all licensees of the Village
of the time of expiration of the license held by the licensee (if an annual) three (3) weeks prior to the date of such expiration. Provided, however, that a failure to make such notification, or the failure of the licensee to receive it, shall not excuse the licensee from the obligation to obtain
a new license, or a renewal thereof, nor shall it be a defense in an action based upon operation without a license.
3.109 BUILDING AND PREMISES
No license shall be issued for the conduct of any business, and no permit shall be issued for any purpose or activity if the premises and building to be used for the purpose do not fully comply with all applicable ordinances and regulations of the Village and the State of Illinois.
No license for the operation of a business or establishment in the Village shall be construed to permit the operation of a licensed business or establishment in more than one location in the Village; a separate license shall be required for each location of a licensed establishment. For the purposes of this Article, the existence of a single location shall be evidenced by the fact that all buildings containing the principal or accessory uses shall be connected or shall
be located on the same lot or parcel, shall be operated and managed by the same person or owner, and shall be an establishment with the same classification.
No license or permit granted by the Village shall constitute property, nor shall it be subject to attachment, garnishment or execution; nor shall it be alienable or transferable voluntarily or involuntarily, nor subject to being encumbered or hypothecated; nor shall anyone be permitted to do business under it except the person therein named.
3.112 INSPECTIONS OF LICENSED BUSINESSES
Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation or permitted purpose or activity are provided for
or required by ordinance, or are reasonably necessary to assure compliance with the provisions of any ordinance or regulation of the Village, or to detect violations thereof it shall be
the duty of the licensee or the person in charge of the premises to admit thereto for the purpose of making the inspection any officer or employee of the Village who is duly authorized to make such inspection at any reasonable time that such admission or entry is requested.
3.113 REFUSAL TO SUBMIT TO INSPECTION
In addition to any other penalty which may be provided, the President of the Board may revoke the license or permit
of any owner or operator of a licensed business or permitted
activity in the Village who refuses to permit any duly authorized officer or employee to make such inspection, or who interferes with such officer or employee while in the performance of his duties; provided, however, that no license shall be subject to revocation for such cause unless
such officer or employee has been refused permission to enter upon the premises in the name of the Village after first having presented a warrant authorizing such entry.
3.114 SUSPENSION, REVOCATION OF LICENSE OR PERMIT
- When the conduct or operation of any business, establishment, or activity, whether or not licensed or permitted shall constitute a nuisance in fact and a clear and present danger to the public health, safety or general welfare, toe President of the Board shall be authorized to summarily order the cessation of business, the closing of the premises, and the suspension of any license or permit for a period not to exceed ten (10) days.
- Within eight (8) days after he has so acted, the President shall call a hearing for the purpose of determining whether or not the license or permit should be revoked.
- Licenses and permits issued under the ordinances of the Village, unless otherwise provided, may be revoked by the President after notice and hearing as provided in Subsections (D) and (E) of this Section for any of the following causes:
- Any fraud, misrepresentation, or false statement contained in the application for the license or permit;
- Any violation by the licensee or permittee of ordinance provisions relating to the license or permit, the subject matter of the license or permit, or the premises occupied;
- Conviction of the licensee or permittee of any felony or of a misdemeanor involving moral turpitude;
- Failure of the licensee or permittee to pay any fine or penalty owing to the Village;
- Refusal to permit an inspection or sampling, or any interference with a duly authorized Village officer or employee while in the performance of his duties in making such inspections.
Such revocation, if ordered, shall not preclude prosecution
and imposition of any other penalties provided for the violation of other applicable ordinances of the Village.
- Notice of the hearing for revocation of a license or permit shall be given in writing setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be sent by certified mail (return receipt requested) to the licensee or permittee at his last known address at least five (5) days prior to the date set for the hearing.
- At the hearing the Village Attorney shall present the complaint and shall represent the Village. The licensee or permittee shall be permitted counsel and shall have the right to submit evidence and cross-examine witnesses. The President shall preside and shall render the decision.
Any person aggrieved by the decision of the President of the Board or other officer of the Village in regard to the denial of an application for a license or permit, or in connection with the suspension or revocation of a license
or permit, shall have the right to appeal to the Village Board. Such appeal shall be taken by filing with the Village Clerk, within ten (10) days after notice of a denial of an application or a revocation of a license or permit, a written statement under oath setting forth specifically the grounds for appeal. The Village Board shall thereupon set the time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant or licensee or permittee in the same manner as provided in Section 3.114
of this Code. The decision of the Village Board on such appeal shall be final.
3.116 OFFENSIVE OR UNWHOLESOME BUSINESSES
- The conduct of any offensive or unwholesome business or establishment within the Village is prohibited.
- Tile owner of any business or establishment in existence on the effective date of this section, situated with the Village, and which has been determined by the Corporate Authorities to be offensive or unwholesome, shall be deemed guilty of maintaining a nuisance, and such owner shall be afforded nine (9) months from and after the effective date of this section in which to abate or remove the nuisance without penalty.
- The owner of any business or establishment which may come into existence after the effective date of this section, situated in the Village, and which has been determined by the Corporate Authorities to be offensive or unwholesome, shall abate or remove the same within ten (10) days after receipt of notice from the Corporate Authorities that such business or establishment has been determined by the Corporate Authorities to be offensive or unwholesome, and as such a
nuisance within the meaning of this section.
- Any person, firm, or corporation violating this section, shall, upon conviction, be subject to a fine as designated by the Corporate Authorities and each day such violation continues shall be deemed a separate offense.
3.117 JUNKYARD DECLARED A NUISANCE
- That the business of a junkyard within the
Village of Camargo or within the distance of one (1) mile
of the Village limits is deemed to be offensive and unwholesome.
- That the business of a junkyard within the Village of Camargo or within the distance of one (1) mile of the corporate limits is hereby prohibited.
- That every person, firm or corporation who shall hereafter engage in the business of a junkyard in violation of the provisions of this Ordinance shall be fined not less than X50.00 nor more than $200.00 for each offense; and a separate offense shall be deemed to be committed on each day during or on which a violation occurs or continues.
(Passed June 14, 1967)
Article 2. AMUSEMENT LICENSE & RESTRICTIONS
3.201 LICENSE REQUIRED
Within the corporate limits of the Village it shall be unlawful for any person,firm or corporation to exercise, offer, operate or engage in any of the following activities for gain, to which the public is required to pay a fee for admission, without first obtaining an amusement license therefor:
- All bowling or pin alley or alleys.
- All pool, billiard, pigeonhole or bagatelle table or tables.
(C) All shooting galleries or places for target shooting.
- All juke boxes, pinball machines, and other coin- operated amusement devices. For the purpose of this Article the term “coin-operated amusement device” means and includes a coin-in-the-slot device which returns to the player thereof no money or property or right to receive money or property. Said term shall not mean and include a coin-in-the-slot device maintained by any public utility for furnishing service of any public utility, nor any device which is designated and used strictly as a vendor of merchandise or service and which is not an amusement device.
- All roller skating or ice skating rinks or halls.
- All public dance halls.
- All carnivals. For the purpose of this Article the term “carnival” means and includes an aggregations of attractions, whether shows, acts, games, vending devices or amusement devices, whether conducted under one or more managements or independently, which are temporarily set up or conducted in a public place or upon any private premises accessible to the public, with or without admission fee, and which, from the nature of the aggregation, attracts attendance and causes promiscuous intermingling of persons in the spirit of merrymaking and revelry.
3.202 EXEMPTION FROM LICENSE REQUIREMENT
No license shall be required for any amusement or entertainment of the nature set out above when such entertainment is given exclusively for charitable or benevolent purposes or for promotion of the Village of Camargo, by societies or citizens of this Village, or by other persons not engaged in giving such entertainments as a business.
Any person, persons or corporation desiring to exercise or engage in any of the activities enumerated in Paragraph 3.201 of this Code shall apply to the Village Clerk in accordance with the provisions of Chapter 3, Article 1 of this Code. Said application shall be submitted no less than seven (7) days before said amusement activity is to be opened to the public or no less than seven (7) days before the expiration of a license previously granted by the Village.
3.204 LICENSE FEE
- The fee for an annual license for the purposes specified in this Chapter shall be as provided by the Village Board.
- When any license is issued for less than a year, the fee charged shall be prorated by months for the remainder of the year, provided the month in which such license is issued shall be counted as one full month.
3.205 INDECENT AMUSEMENTS
No license shall be granted for, or if granted the license shall not be held to authorize, the enacting or performance of any indecent or lewd plays, exhibits, or entertainments of any nature or character whatsoever.
3.206 AMUSEMENTS CAUSING INJURY OR ANNOYANCE
No person shall, in the inhabited part of the Village, make or kindle any bonfire or fire, explode or set off any firearms, fireballs, firecrackers, torpedos, rockets, or other fireworks, or otherwise pursue any amusement or
exercise calculated to impede travel or injure or annoy persons passing along the streets or sidewalks.
The President of the Board is hereby authorized to issue an amusement license. An amusement license shall not be issued to any activity that does not comply with Section 3.209 of this Code.
3.208 COMPLIANCE WITH OTHER PROVISIONS
The holder of any amusement license issued by the Village shall comply with such other provisions of this Code as are appropriate. Any such holder failing to comply with the provisions of this Code shall be liable to revocation of such license as provided by Section 3.114 of this Code.
3.209 SAFETY REQUIREMENTS
Whether licensed under this Article or not, it shall be unlawful for any business, carnival, or amusement or other activity;
- To permit more people than can be provided with seats to enter any building for the purpose of witnessing any public amusement, exhibition, or theatrical; or
- To gather such crowds in any building or premises as to cause danger to the safety of the building or structure so as to endanger the health or safety of any person; or
- To give or exhibit any public show, exhibition, or theatrical in any building, structure, or enclosure which is unsafe from any cause; or
- To cause or allow any exit from any building or enclosure to become obstructed when people are inside said building or enclosure for the purpose of witnessing any public amusement, exhibition, or theatrical.
CHAPTER 4. PUBLIC HEALTH
Article 1. ANIMALS
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
- Dog – all members of the family Canidae.
- Owner – Any person who has a right of property in, or who keeps, or harbors, or acts as custodian of, or who has in his care an animal, and shall include a person who knowingly permits, or who encourages, an animal to remain on or about premises occupied by said person.
- Own – To have a right of property in, or keep, or harbor, or act as custodian of, or have the care of, or knowingly permit or encourage to remain on or about premises occupied by the owning person.
- Run At Large – Permitting or causing an animal to be at any place within the Village, at any time, other than on premises occupied by the owner thereof, except when the animal is under the direct, effective, physical control of the owner thereof, or his agent, or a member of the immediate family of the owner.
- Direct, Effective, Physical Control – Mechanical exercise of authority over, by use of a chain, leash, line, cord, rope or similar thing held by the person in control of an animal and securely attached to the animal.
- Has Bitten – has seized with the teeth or jaws so that the person or animal seized has been nipped, gripped, wounded, or pierced, and further includes contact of saliva with any break or abrasion of the skin.
- License Tag – a tag, disk or plate of suitable and durable material furnished by the County in accordance with the Animal Control Act of the State of Illinois.
- Vicious, Dangerous, or Fierce – An animal that has once bitten a person, or an animal that displays, by barking, snarling, growling, or snapping at a person, or rushing at or upon, or chasing a person, or by other overt action, an inclination to do harm to or frighten a person, and includes an animal which attacks, worries, mutilates, wounds, or kills a dog, cat, or a domestic animal.
(I) Person – any person, firm, corporation, partnership, society, association, or other legal entity.
4.102 REGISTRATION OF DOGS
Every owner of a dog four (4) months or more of age shall cause such dog to be registered with the appropriate authorities of the County of Douglas. Each dog so registered shall be provided by the owner with a suitable collar or harness to which the license tag for that dog shall be securely attached. Both collar or harness and license tag shall be
worn by such dog at all times.
4.103 RUNNING AT LARGE
No owner shall permit or suffer a dog to run at large within the Village at any time. Any dog found running at large at any time within the Village shall be taken up and impounded as provided in Section 4.110 of this Code.
4.104 VICIOUS DOG
No person shall keep within the Village limits a vicious, dangerous, or fierce dog.
4.105 DISTURBING QUIET; BITING
Any vicious, dangerous, or fierce animal, or any
animal which in any manner disturbs the quiet of any person or neighborhood, or any animal which bites a person, or injures
a person, so as to cause an abrasion, laceration, or puncture of the skin of such person, is declared to be a nuisance
and such animal shall be taken up and impounded as hereinafter provided.
4.106 CRUELTY TO ANIMALS FORBIDDEN
Whoever is guilty of cruelty to any animal by overloading, overriding, overworking, cruelly beating, mutilating, or cruelly killing any animal, or causing or knowingly allowing such acts to be done; or cruelly working any old, maimed, infirm, sick or disabled animal, or causing or knowingly allowing such acts to be done; or by unnecessarily failing to provide any animal in his charge or control as owner or otherwise, with proper drink, food or shelter; or abandoning any old, maimed, inform, sick or disabled animal, or by driving or by causing to be driven, or kept any animal
in an unnecessary or cruel manner shall be guilty of an offense punishable by a fine as provided by this Code.
4.107 DOMESTIC ANIMALS WITH CONTAGIOUS DISEASES
No animal afflicted with a contagious disease shall be allowed to run at large or be exposed in any public place whereby the health of man or beast within the Village may be
affected, nor shall any diseased animal be shipped or removed from the premises of its owner, except under the supervision of the Board of Health or the State Veterinarian. It is the duty of the Board of Health to secure such disposition of
any diseased animal and such treatment of infected premises as to prevent the communication or spread of the contagion or infection, except in cases where the State Veterinarian is empowered to act, and in all such cases the Board of Health shall cooperate with the State Veterinarian so far as such cooperation may be necessary to protect the health of the Village.
4.108 LEASH LAW
Every dog within the Village shall at all times be under the direct, effective physical control of the owner, thereof or someone responsible to the owner.
4.109 BARKING, WHINING, OR HOWLING
No person within the Village shall own a dog which disturbs the peace and quiet of any person or neighborhood by barking, whining, or howling.
Any dog found within the Village, whether running at large or otherwise, without a license tag shall be impounded if the Village has facilities available for such impounding.
4.111 PLACE OF IMPOUNDMENT; TIME LIMIT
Animals impounded under the provisions of this subchapter shall be kept in some suitable place provided by the Village by contract or otherwise. Animals shall be impounded for not less than seven (7) days after the giving of notice as hereinafter provided,unless earlier redeemed by the owner as hereinafter provided.
(A) If the owner is known to the person, or is made known to said person within twenty-four (24) hours after such animal is impounded, and the address of such owner is reasonably ascertainable, said person shall mail notice to said owner, which notice shall show the date, time and place of impoundment,
and shall recite the manner by which such animal may be redeemed.
- If such animal does not have a county license tag upon it and the person impounding said animal does not know the name of the owner, or the name of the owner is not made known to said person within twenty-four (24) hours of the impoundment of said animal, then notice shall be given by said person so impounding by posting a brief description of the size, color, and breed, if known, of such animal, along with a statement of the date, time, and place such animal was taken up, which notice shall be posted at the place of impoundment.
- The certificate of the person impounding said animal that said person has given notice as in this Section provided stating the manner and time of the giving thereof shall be sufficient and adequate proof that a notice was given as required.
4.113 REDEMPTION FROM IMPOUNDMENT
In case the owner of any impounded animal desires to make redemption thereof, he may do so on the following conditions:
- Evidence of the inoculation of the animal against rabies within one year of the date the animal is sought to be redeemed, shall be presented to the Animal Control Warden.
- Evidence of payment to the Village Treasurer of the sum of $20 for impoundment fee, along with any additional charges set by the Village Board.
- If evidence of inoculation is not submitted as required in division (A), the animal may be redeemed, upon submission of all other evidence required by a licensed veterinarian who delivers to the Animal Control Warden a statement in writing that he has been paid to, and will, before releasing the animal from his custody, inoculate the animal against rabies.
4.114 DISPOSING OF UNREDEEMED ANIMALS
Animals not redeemed from impoundment as provided herein after seven (7) days shall be humanely destroyed or shall otherwise be disposed of in such manner as may be from time to time authorized by statute of the State of Illinois.
4.115 RABIES CONTROL
- No person shall own within the Village a dog which has not been annually inoculated against rabies.
- The owner of any dog or other animal which exhibits clinical signs of rabies or which has bitten a person, whether or not such dog or other animal has been inoculated against
rabies, shall immediately notify the Village Authorities, and shall promptly confine such dog or other animal, or have it confined, under suitable observation. The Village Authorities shall immediately notify the appropriate County and State authorities and shall assist said authorities as appropriate. Any dog or other animal in direct contact with such dog or other animal, whether or not the exposed dog or (Auer animal has been inoculated against rabies, shall also be confined.
4.116 NOTIFICATION OF RABIES DANGER
It shall be unlawful for any person having knowledge that any person has been bitten by a dog or other animal to refuse to notify the Village Authorities promptly. It shall be unlawful for the owner of such dog or other animal to euthanize, sell, give away, or otherwise dispose of any such dog or other animal known to have bitten a person, until it is released by the County authorities.
4.117 HOUSING UNCTJEAN ANIMALS
No person shall cause or allow any stable, kennel, or other place where any animal is or may be kept to become unclean or unwholesome.
4.118 DISPOSAL OF DEAD ANIMALS
The owner or owners of any animal which shall die within the limits shall dispose of the same so as to cause no nuisance; such disposal shall be performed not later than six (6) hours after the owner or owners have been notified or informed of the death of said animal.
4.119 BUTCHERING OF ANIMALS
It shall be unlawful to kill for domestic use or for the purpose of selling for meat any cattle, calves, sheep, or hogs within the corporate limits of the Village, without the written permission of the Board of Health for the Village to kill and butcher such animal at the place specified.
Article 2. PLANTS
Any weeds such as jimson, burdock, ragweed, thistle, cocklebur, or other obnoxious weeds found growing in or upon any lot or tract of land in the Village are hereby declared to be a nuisance, and it shall be unlawful to permit any such weeds to grow or remain in any such place.
4.202 OVERGROWN PLANTS
It shall be unlawful for anyone to permit any weeds, grass or plants, other than trees, bushes, flowers, or other ornamental plants, to grow to a height exceeding eight (8) inches anywhere in the Village; any such plants or weeds exceeding such height are hereby declared to be a nuisance. It shall be unlawful for a property owner to permit any weeds, grass, or plants on the territory between the pavement or traveled portion of a street and the property line between the street right-of-way and the adjacent property to grow
in violation of this section.
4.203 REMOVAL NOTICE
It shall be the duty of the Village Clerk to serve or cause to be served a notice in writing upon the owner or occupant of any premises on which weeds or plants are permitted to grow in violation of the provisions of this Article, and to demand the abatement of the nuisance within ten (10) days.
4.204 FAILING TO COMPLY
If such person or entity shall fail to comply with said notice the President of the Corporate Authority shall cause the same to be cut and the expense thereof shall be repaid
to the Village by the owner, person or entity in control of said premises.
All charges for said cutting shall be a lien upon the premises and whenever a bill for said cutting remains unpaid for thirty (30) days after same has been rendered by the Village, the Village Clerk shall file a lien claim as provided by statute.
Article 3. PUBLIC HEALTH NUISANCES
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires
a different meaning.
- Garbage – This term as used in this Article shall be held to mean and include all putrescible matter.
- Rubbish – This term as used in this Article shall be held to mean and include all non-putrescible matter, except trash as defined herein.
- Trash – This term as used in this Article shall be held to mean and include ashes, grass, and lawn rakings.
4.302 DECLRATION OF NUISANCES
It is declared to be a nuisance for any person within the jurisdiction of the Village:
- To throw or deposit any offal, tin cans, rubbish, animal excrement, or other offensive matter, or the carcass of any animal in any watercourse, lake, pond, spring, well, sewer or ditch, or on any street, alley or public grounds or public highways.
- To permit any cellar, vault, drain, yard or premises to become from any cause foul, offensive, or injurious to public health.
- To corrupt or render unwholesome or impure the water of any spring, stream, or lake to the injury or prejudice of others.
- To obstruct any watercourse, ravine, or gutter so as to cause water to stagnate therein, or to permit foul or stagnant water to stand upon any premises to the prejudice of others.
- To erect or use any building or other place for the exercise of trade, employment or manufacture.which by occasioning noxious exhalations, offensive smells, or otherwise is offensive or dangerous to the health of individuals or public.
- To expectorate upon any sidewalk, depot platform, or upon the floor of any hall, or other public place or building.
- To leave open any cellar, cellar door, vault, well, cistern, excavation, ditch, or other hold upon or adjoining any street, alley, or sidewalk without protecting or securing the opening so as not to endanger the safety of persons or animals passing by.
- To obstruct or encroach upon any public highway, private way, street, alley, or any way to any burning place within the corporate limits of the Village.
- To cause or permit the carcass of any animal or any offal, filth, or noisome substance to be collected or deposited or to remain in any place to the prejudice of others or to be thrown or deposited in any watercourse, lake, pond, spring, well, common sewer, street, or alley.
- To knowingly permit any dead animal belonging to him to remain within the Village or within one-half mile thereof, without being buried so as to prevent it from becoming putrid or offensive to any person residing within the Village. In addition to the penalty set out, any person violating this division shall be liable to the Village for the cost of the removal, burial, and abatement of this nuisance.
- To erect, keep, or maintain any billboard or board for advertising on any public ground or place or upon any private premises, adjacent to any sidewalk, street, or footway so as to occasion danger or inconvenience to the public.
- To commit any offense which is a nuisance according to the common law of the land or made such by state statute.
4.303 CONTAINER REQUIRED
Every owner, tenant, lessee or occupant of every dwelling house, tenement house, lodging house, store or restaurant, boarding house or other person, persons, firm or corporation on whose premises garbage, rubbish, or trash. collects, shall provide and at all times keep within such
building or on the premises garbage containers sufficient to hold all garbage which may accumulate on the premises between collections and shall place such containers so as to be readily accessible for removal and emptying, and where they shall not be a public nuisance.
4.304 SALE OF UNWHOLESOME FOOD
It shall be unlawful to knowingly sell, expose or
offer for sale any flesh of any sick or diseased animal, poultry,, or fish, or the flesh of any diseased fowl to be used or eaten for food, or articles of food whatsoever for any form or nature of human consumption; or any adulterated, deleterious milk drink or liquors or other beverages.
No person shall cause or permit any litter to be dumped, deposited, dropped, thrown, discarded or left upon any streets, alley, or other public place. No person shall allow litter
to accumulate upon real property, of which said person is the owner or tenant in control, in such a manner as to constitute a public nuisance or in such a manner that the litter may be blown or otherwise carried by the natural elements up onto the real property of another person or onto any street, alley or other public place. The term “litter” means any discarded, used or unconsumed substance or waste, including but not limited to, garbage, trash, debris, or rubbish whether of man-made or natural origin.
4.306 DANGEROUS APPLIANCES
It shall be unlawful to keep or permit to be kept in any accessible outdoor location, any refrigerator, ice box, freezer, washing machine or other similar appliance that may cause bodily harm to any child or other person who may gain access to said appliance.
It is made the duty of the Village Board to serve a notice in writing upon the owner, agent, occupant, or other person in possession, charge, or–_control of any lot, building, or premises in or upon which any nuisance may be found. This notice shall require him to abate the nuisance within a specified time in such manner as the Board shall prescribe; provided, it shall not be necessary in any case to specify in this notice the manner in which the offense shall be abated unless the Board deems it advisable to do so.
If the person so notified refuses or neglects to comply with the order within the time and in the manner specified, the Village Board shall cause the abatement of the nuisance at the expense of the party or parties responsible for or permitting the same. All charges for said abatement provided by the Village shall be a lien upon the premises and whenever a bill for said abatement remains unpaid for thirty (30) days after same has been rendered by the Village, the Village Clerk shall file a lien claim as provided by statute.
CHAPTER 5. PUBLIC SAFETY
Article 1. CRIMES AND MISDEMEANORS
5.101 DISORDERLY CONDUCT
It shall be unlawful to commit disorderly conduct. A person commits disorderly conduct when he knowingly:
- Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; or
- With intent to annoy another, makes a telephone call, whether or not conversation thereby ensues; or
- Transmits in any manner to the fire department of the Village a false alarm of fire, knowing that the time of such transmission that there is no reasonable ground for believing that such fire exists; or
- Transmits in any manner to another a false alarm to the effect that a bomb or other explosive of any nature is concealed in such place that its explosion would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in such place; or
- Transmits in any manner to any public officer or public employee a report to the effect that an offense has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such offense has been committed; or
- Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it.
It shall be unlawful for any person, firm, or corporation to commit a trespass upon either public or private property. Any of the following acts by any person, firm or corporation shall be deemed to constitute a trespass in violation of the provisions of this Code.
(A) Any entry upon the premises, or any part thereof, of another, including any public property in violation of a notice posted or exhibited at the main entrance to said premises or at any point of approach or entry or in the case of private property in violation of any notice, warning or
protest given orally or in writing, by any owner or one legally in possession thereof; or
- The pursuit of a course of conduct or action incidental to the making of an entry upon the land of another, including any public property, in violation of a notice posted or exhibited at the main entrance to said premises or at any point of approach or entry, or in the case of private property, in violation of any notice, warning or protest given orally or in writing by any owner or one legally in possession thereof; or
- Failure or refusal to depart from the private premises of another in case of being requested, either orally or in writing, to leave by any owner or one legally in possession thereof; or
- To enter into or upon any vehicle, aircraft, or watercraft made without the consent of the person having the right to the possession or control thereof, or a failure or refusal to leave any such vehicle, aircraft or watercraft after being requested to leave by the person having such right.
5.103 DEFACING PROPERTY
It shall be unlawful to, without the consent of the owner or occupant of the premises, post, put up, stick or place any hand bill, placard, show bill, or notice upon any
building, fence or other property; or to cut up, mark, scratch, deface or otherwise injure any fence, gate or railing, tree, or any part of any building.
5.104 DESTROYING OR INJURING PROPERTY
It shall be unlawful to willfully or maliciously break, deface, destroy, or otherwise injure any public property or any private property of any person, firm or corporation.
5.105 DISTURBING MEETINGS
It shall be unlawful to interrupt or disturb any funeral, school, religious, Village Board, or other assembly of people met for a lawful purpose.
5.106 DISTURBING THE PEACE
It shall be unlawful to disturb the peace and quiet of any neighborhood or family by loud or unusual noises or offensive carriage, quarreling, challenging to fight, or fighting.
It shall be unlawful to place open or expose to public view, write, mark, draw, print, stick, cut or make any indecent,
lewd or obscene word, sentence, design, figure, picture or poster.
It shall be unlawful to cast, throw, or propel any ball, stone, or other missile on any public street or alley.
5.109 PENALTY ON PARENTS OR GUARDIAN
It shall be unlawful for any parent, guardian, or other person having legal custody or the control of any minor to allow said minor to commit any action in violation of any of the provisions of this Code.
CHAPTER 6. TRAFFIC
Article 1. GENERAL PROVISIONS
6.101 ADOPTION OF ILLINOIS TRAFFIC LAWS
The Illinois Rules of the Road, Chapter 11 of the Illinois Motor Vehicle Code, as the same is or may hereby be amended and the Illinois Vehicle Equipment Law, Chapter 12 of the Illinois Motor Vehicle Code, as the same is or may hereafter be amended, are hereby adopted in this section and made a part of this chapter to the same extent and with the same legal effect as if fully set forth herein. Any violation of the such adopted provisions shall be deemed a violation of this chapter and be subject to penalties herein fixed. Chapter 1 of the Illinois Motor Vehicle Code, as the same is or may hereafter be amended, insofar as said Chapter defines words and phrases used in this chapter of this Code, is hereby adopted in this section as definitions for the words and phrases used in this chapter of this Code.
The Illinois Vehicle Code and the provisions of this chapter apply to persons riding bicycles or animals or driving animal-drawn vehicles, except those provisions which by their nature can have no application.
6.103 LICENSE PLATES REQUIRED
It shall be unlawful for any person to operate a motor vehicle without displaying thereon valid state or territorial license plates.
6.104 VILLAGE SPEED LIMITS
It shall be unlawful to drive any vehicle on any street not under the jurisdiction of the Department of Transportation of the State of Illinois or of Douglas County at a speed in excess of thirty (30) miles per hour, or in an alley at a speed in excess of fifteen (15) miles per hour. It shall be unlawful to drive any vehicle on any street or highway under the jurisdiction of the Department of Transportation of the State of Illinois, or of Douglas County, at a speed exceeding that lawfully set for such street.
6.105 ADJUSTING SPEED FOR CONDITIONS
The fact that the speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, or
when special hazards exist with respect to pedestrians or
other traffic by reason of weather or road conditions; and speed shall be decreased as may be necessary to avoid colliding with any person or vehicle on or entering the street in compliance with legal requirements and the duty of all persons to use due care.
6.106 DRIVING UPON SIDEWALK
No person shall drive any motor-driven vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway, or for routine maintenance, utility or emergency service, or for special delivery or pick-up involving goods or customer service.
6.107 NOISY VEHICLES
It shall be unlawful to operate a vehicle which makes unusually loud or unnecessary noise or which is not equipped with a muffler in good working order and in constant operation.
6.108 DRAG RACING
It is unlawful for a person to operate a motor vehicle as a participant in drag racing. “Drag Racing” means the act of two or more individuals competing or racing on any street or highway within the Village in a situation in which one of the motor vehicles is beside or to the rear of a motor vehicle operated by a competing driver and the one driver attempts to prevent the competing driver from passing or overtaking him, either by acceleration or maneuver; or one or more individuals competing in a race against time on any street or highway in this Village.
6.109 BICYCLE REGULATIONS; PARENTAL RESPONSIBILITY
- It is unlawful for any person to do any act forbidden or fail to perform any act required in this Section.
- The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this Section.
- These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.
6.110 TRAFFIC LAWS APPLY TO PERSONS RIDING BICYCLES
Every person riding a bicycle upon a roadway shall be granted all of the rights, and shall be subject to all of the duties applicable to the driver of a vehicle by this Code, except as to special regulations in this Code which by
their nature can have no applications.
6.111 OBEDIENCE TO TRAFFIC DIRECTIONS BY PERSONS RIDING BICYCLES
It shall be unlawful for any person operating a bicycle to fail or refuse to comply with any order, signal, or direction of a police officer, or to disobey the instructions of any official traffic sign, signal, or other traffic-control device.
6.112 DUE CARE FOR PEDESTRIANS FOR PERSONS RIDING BICYCLES
Due and proper care shall at all times be exercised by the bicycle operator for pedestrians. Under all circumstances, bicycle operators, riding or walking their bicycles, shall yield the right-of-way to pedestrians using a sidewalk or path. When approaching a pedestrian on the sidewalk the speed of the bicycle shall be reduced to a momentum which is no greater than necessary to continue the operation of the bicycle without the rider dismounting, and shall not be increased until the pedestrian has been passed.
6.113 CLINGING TO VEHICLES
No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any car or vehicle upon a roadway.
6.114 RIDING ON ROADWAYS WITH BICYCLES
- Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
- Persons riding bicycles upon a roadway shall ride single file except on paths or parts of roadways set aside for exclusive use of bicycles.
6.115 EQUIPMENT ON BICYCLES
Every bicycle shall be equipped with a brake which will adequately control movement of and stop and hold the bicycle.
6.116 LAMPS ON MOTORCYCLES
Every motorcycle, when in use at nighttime, shall be equipped with a lamp on front which shall emit a white light visible from a distance of at least 500 feet to the front, and with a red reflector on the rear of a type approved by the Department which shall be visible from all distances. from 100 feet to 600 feet to the rear when in front of lawful low-powered beams of headlamps on a motor vehicle. A lamp
emitting red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.
6.117 SAFETY EQUIPMENT FOR SNOWMOBILES
All snowmobiles operating within the Village shall be equipped with:
- At least one white headlamp having a minimum candlepower of sufficient intensity to exhibit a white light plainly visible from a distance of at least 500 feet ahead during hours of darkness under normal atmospheric conditions.
- At least one red tail lamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions.
- A brake system in good mechanical condition.
- Adequate sound suppression equipment in accordance with noise pollution standards established pursuant to the Environmental Protection Act.
6.118 OPERATION OF A SNOWMOBILE AND MOTORCYCLE
It is unlawful for any person to drive or operate any snowmobile or motorcycle in the following ways:
- At a rate of speed too fast for conditions; the fact that the speed of the snowmobile or motorcycle does not exceed the applicable maximum speed limit allowed does not relieve the driver from the duty to decrease speed as may be necessary to avoid colliding with any person or vehicle or object within legal requirements and the duty of all persons to use due care.
- In a careless, reckless or negligent manner.
- While under the influence of intoxicating beverages or narcotic or dangerous drugs.
- At any time without at least one lighted headlamp and one lighted tail lamp on the snowmobile or motorcycle.
- On the tracks or right-of-way of an operating railroad.
- On private property, without the written consent of the owner or lessee thereof. Any person operating a snowmobile or motorcycle upon lands of another shall stop and identify himself upon the request of the landowner or his duly authorized representative, and, if requested to do so by the landowner shall promptly remove the snowmobile or
motorcycle from the premises.
6.119 RESPONSIBILITY OF LANDOWNER CONCERNING SNOWMOBILING
- An owner, lessee, or occupant of premises owes no duty to keep the premises safe for entry or use by others for snowmobiling, or to give warning of any unsafe condition or use of or structure or activity on such premises. This does not apply where permission to snowmobile is given for a valuable consideration other than to the State or the Village.
- An owner, lessee, or occupant of premises who gives permission to another to snowmobile upon such premises does not thereby extend any assurance that the premises are safe for such purpose, or assume responsibilty for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted. This shall not apply where permission to snowmobile is given for a valuable consideration other than to the State or Village.
6.120 YOUTHFUL OPERATORS OF SNOWMOBILES
- It is unlawful for any person without a valid motor vehicle driver’s license to operate a snowmobile on a highway.
- No person under 10 years of age may operate a
snowmobile. Persons at least 10 and less than 12 years of age may operate a snowmobile only if they are either accompanied on the snowmobile by a parent or guardian or a person at least 18 years of age designated by a parent or guardian. Persons at least 12 and less than 16 years of age may operate a snowmobile only if they are either accompanied on the snowmobile by a parent or guardian or person at least 16 years of age designated by a parent 017 guardian, such operator is in possession of a certificate issued by the State of Illinois authorizing the holder tcD operate snowmobiles. Violations of this section done with the knowledge of a parent or guardian shall be deemed a violating by the parent or guardian.
6.121 SNOWMOBILE OWNER AND OPERATOR’S LIABILITY
The owner and any operator of a snowmobile are jointly and severally liable for any injury or damage occasioned by the operation of such snowmobile.
6.122 HOURS OF OPERATING A SNOWMOBILE
Snowmobiles may be operated within the Village only between the hours of 5:00 a.m. and 10:00 p.m. each day of the week. No snowmobile may be operated within the Village between the hours of 10:00 p.m. and 5:00 a.m. on any day.
Article 2. INOPERABLE AND ABANDONED MOTOR VEHICLES
REVISED – ORDINANCE 99-O-4 PASSED 9/14/99
- “Person” shall mean any person, firm, partnership, association, company, or organization of any kind.
- “Vehicle” shall mean a machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners, or slides and transport persons or property or pull machinery and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon.
- “Street or highway” shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
- “Property” shall mean any real property within the Village which is not a street or highway.
- “Inoperable Motor Vehicle” shall mean any motor vehicle from which. the engine, wheels, or other parts have been removed, or on which the engine, wheels, or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. “Inoperable Motor Vehicle” shall not include any motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations.
- “Inoperable Motor Vehicle” shall not apply to any motor vehicle that is enclosed within a building when not in use, nor to historic vehicles over 25 years of age (provided that such historic vehicle is currently registered and displaying proper license plates as required by the Illinois Vehicle Code).
- “Abandoned Vehicle” shall mean any vehicle which is left at any place for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned.
6.202 ABANDONMENT OF VEHICLES
No person shall abandon any vehicle within the Village and no person shall leave any vehicle at any place within the Village for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned.
6.203 LEAVING OF WRECKED, NON-OPERATING VEHICLES ON STREET
No person shall leave any partially dismantled, non-operating, wrecked, or junked vehicle on any street or highway in the Village.
6.204 INOPERABLE VEHICLES DECLARED TO BE A NUISANCE
No person shall park, store, leave, or permit the parking, storing, or leaving of any motor vehicle of any kind which is in an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled condition within the Village in excess of 60 days. Inoperable motor vehicles, as defined herein, whether on public or private property, are hereby declared to be a nuisance.
6.205 DISPOSAL OF INOPERABLE VEHICLES
All persons are required to dispose of any inoperable motor vehicle under their control within ten (10) days
after receiving written notice from the Corporate Authorities commanding disposition of said inoperable motor vehicle.
- Whenever it comes to the attention of the
Corporate Authorities that any nuisance as defined in 6.201 exists in the Village, a notice in writing shall be served upon the occupant of the land where the nuisance exists, or in case there is no such occupant, then upon the owner of the property or his agent, notifying them of the existence of the nuisance and requesting its removal in the time specified herein.
- It shall constitute sufficient notice when a copy of notice is sent by registered mail to the owner or occupant of the private property at his last known address, or upon the vehicle itself, or posted on a conspicuous place upon the private property upon which the, vehicle is located.
- The notice shall contain the request for removal within the time specified herein and the notice shall advise that upon failure to comply with the notice to remove, the Village or its designee shall undertake such removal with the cost of removal to be levied against the owner or occupant of the property.
- Upon proper notice, the owner of the abandoned, wrecked, dismantled, or inoperable vehicle and the owner or occupant of the private property on which the vehicle is located, either or all of them, shall be responsible for its removal. In the event of removal and disposition by the Village, the owner or occupant of the private property where the vehicle is located, shall be liable for the expenses incurred.
6.206 REMOVAL OF VEHICLE
- If the violation described in the notice has not been remedied within the ten-day (10) period of compliance, the Village Corporate Authorities or its designee shall have the right to take possession of the junked motor vehicle and remove it from the premises. It shall be unlawful for any person to interfere with, hinder, or refuse to allow such person or persons to enter upon private property for the purpose of removing a vehicle under the provisions of this Code.
- Within five (5) days of the removal of the vehicle, a notice shall be sent by registered mail to the registered owner of the vehicle, if known, and/or also to the owner or occupant of the private property from which the vehicle was removed, that the vehicle has been removed and the location of storage of the vehicle and the costs incurred by the Village for removal.
Upon failure of the owner or occupant of property on which abandoned vehicles have been removed by the Village to pay the unrecovered expenses incurred by the Village in such removal, a lien shall be placed upon the property for the amount of the expenses.
Article 3. PARKING
6.301 NO PARKING PLACES
At any time it shall be unlawful to permit any vehicle to stand in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the directions of a policeman or traffic control device:
- In any intersection.
- In a crosswalk.
(a) Within thirty (30) feet of a traffic signal, beacon, or sign on the approaching side.
- Within twenty (20) feet of any intersection or crosswalk.
- At any place where the standing of a vehicle will reduce the usable width of the roadway for moving traffic to less than ten (10) feet.
- Within fifteen (15) feet of a fire hydrant.
- At any place where the vehicle would block the use of a driveway.
- Within twenty (20) feet of the driveway entrance to a fire station.
- On any sidewalk or parkway.
- At any ace where signs authorized by ordinance
6.302 PARKING FOR PURPOSE OF SALE, WASHING, GREASING, OR REPAIRING
No person shall stand or park a vehicle upon any roadway for the principal purpose of:
- Displaying it for sale; or
- Selling or peddling merchandise from such vehicle; or
- Washing, greasing, or repairing such vehicle, except repairs necessitated by an emergency.
6.303 PARKING IN EXCESS OF SEVENTY-TWO (72) HOURS
It shall be unlawful for any person or operator of a vehicle to park such a vehicle upon any street and to permit it to remain without moving the same for a span Of time in excess of seventy-two (72) consecutive hours.
6.304 TRUCK PARKING
It shall be unlawful for any trucks or tractor-trailer combinations over thirty (30) feet in length to be parked in front of residential property other than the residence of the operator or owner of such vehicle for a period longer than two (2) hours, except when loading or unloading at such residence.
Article 4. RAILROADS
6.401 BLOCKING CROSSINGS – CORPORATION
It shall be unlawful for a railroad corporation to
permit any train, railroad car or engine to obstruct public
travel at a railroad-highway grade crossing within the
Village of Camargo, Douglas County, Illinois, for a period
in excess of ten (10) minutes, except where such train, railroad
car or engine cannot be moved by reason of circumstances
over which the railroad corporation has no control.
6.402 BLOCKING CROSSINGS – EMPLOYEE
It shall be unlawful for any railroad employee to willfully or intentionally permit any train, railroad car or engine to obstruct public travel at a railroad-highway grade crossing within the Village of Camargo, Douglas County, Illinois, for a period in excess of ten (10) minutes, except where such train, railroad car or engine cannot be moved by reason of circumstances over which the railroad employee has no control. However, no employee acting under the rules or orders of the railroad corporation or its supervisory personnel may be prosecuted for such violations.
CHAPTER 7. FIRE
Article 1. FIRE DEPARTMENT
7.101 FIRE HYDRANTS
No person shall, in any manner, obstruct the use of
any fire hydrant, or have or place any material in front
thereof, or within five (5) feet from either side thereof.
No person shall, without lawful authority, take water from
any public fire plug or hydrant or remove the cover therefrom.
7.102 CROSSING FIRE HOSE
No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private road or driveway to be used at any fire or alarm of fire, without the consent of the fire department official in command.
7.103 HINDERING FIREMEN
It shall be unlawful for any person to hinder any officer, fireman, or member of the fire department in the performance of duty while at a fire.
7.104 FOLLOWING FIRE APPARATUS PROHIBITED
The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred (500) feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
7.105 OBSTRUCTING STREET
No vehicle shall be driven or parked in a street or alley contiguous to a fire so as to obstruct or block such street or alley.
7.106 REMOVAL OF PROPERTY SALVAGED AT FIRES
No person shall be entitled to take away any property in the possession of the fire department, saved from any fire, until proof of ownership is made to the satisfaction of the Fire Chief, or other officer in command, and his consent obtained thereto.
7.107 DESTRUCTION OR REMOVAL OF BUILDINGS
The President of the Corporate Authority or the officer in command at any fire may direct the tearing down, removal, or destruction by any proper means of any building, fence, or erection when he shall deem it necessary for the purpose of checking the progress of the fire.
7.108 DAMAGING OR REMOVING FIRE APPARATUS
- It shall be unlawful to willfully break, deface, destroy, or otherwise injure any fire apparatus belonging to the Village or any fire company and whoever violated this section shall be punished as provided by the Corporate Authorities. In addition thereto the expenses which may be incurred in repairing the injuries committed shall be added to the penalty and form a part thereof.
- It shall be unlawful to remove any fire department apparatus belonging to the Fire Department from the place of storage thereof, except under the order of some duly authorized officer of the Department, or to use such apparatus or any property belonging thereto, for any purpose other than the suppression of fires, or for the drill of the company to which it may be assigned, except under the order of some duly authorized officer of the Department.
Article 2. FIRE PREVENTION
7.201 LOCATION OF FIRES
- No fires shall be started within one hundred (100) feet of any gasoline station, fertilizer plant or storage area, elevator or business establishment.
- It shall be unlawful to build or light any bonfire so close to any building or other structure or on any street or sidewalk or pavement as to endanger it.
- It shall be unlawful to build or light any open flame or flame in any building used exclusively for the storage of flammable liquids; or to build or light any fire within one hundred (100) feet of any tank used for the storage of such liquids; or to light a match or carry or permit any lighted substance or open flame within any such building or one hundred (100) feet of any such tank.
- “Flammable Liquids” as used in this Article shall be construed to mean coal oil, benzine, turpentine, gasoline, propane, petroleum or any products thereof in liquid form.
- “Explosive” shall mean gunpowder, black powder, nitroglycerine, T.N.T., dynamite, and similar materials except for ammunition and very small amounts used only for medicinal purposes.
It shall be unlawful to store any explosives within the Village of Camargo.
7.204 TANKS AND RECEPTACLES
- It shall be unlawful to store any flammable liquids in any other but leak-proof metallic tanks or receptacles. Provided, that receptacles and tanks of other materials may be used if such material used is leak and absorption proof. Tanks containing more than fifteen (15) gallons of such liquids, must be equipped with adequate escape valves.
- It shall be unlawful to store flammable liquids in greater quantities than fifty (50) gallons in any but an underground tank, unless such tank is in a separate fire-proof building used only for the storage of such liquids.
- It shall be unlawful to store any flammable liquids in a greater quantity than ten (10) gallons in any building, except in an underground tank or as mentioned in the preceding paragraph.
7.205 STORAGE LOCATIONS
- It shall be unlawful to keep, store or sell any crude petroleum, gasoline, kerosene or other flammable liquids upon any property within the Village of Camargo, which has heretofore or hereafter been zoned for residential purposes.
- It shall be unlawful to store any greater
quantity than fifteen (15) gallons of any flammable liquid within two hundred (200) feet of any building used exclusively for school or church purposes; or within one hundred (100) feet of any theatre.
7.206 ORDERS TO CORRECT FIRE HAZARD
Whenever any officer of the fire department shall find any fire, building or premises in violation of the Fire Prevention Code as required by the National Board of Fire Underwriters, or shall find in any building or upon any premises or any other place combustible or explosive matter, or dangerous accumulation of rubbish, or unnecessary accumulation of wastepaper, boxes, shavings or any other highly inflammable materials especially liable to fire, and which is so situated as to endanger property, or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the Fire Department, or egress of occupants, in case of fire, he shall order the same to be removed or remedied. The service of any such order shall be made upon the occupant of the premises to whom it is directed by either delivering a true copy of same to such occupant personally or by delivering the same to and leaving it with any person in charge of the premises by affixing a copy thereof in a conspicuous place on the door of the entrance of such premises. Whenever it may be necessary to serve such an order upon the owner of premises, such order may be served either by delivering to and leaving with the person a true copy of such order, or, if such owner is absent from the jurisdiction of officer making the order by mailing such copy to the owner’s last known post office address.
7.207 COMPLIANCE WITH ORDER
Such order shall forthwith be complied with by the owner or occupant of such premises or buildings, subject to appeal within twenty-four (24) hours to the President of the Corporate Authority. Upon such appeal, the President shall within ten (10) days review such order and file his decision thereon, and unless the order is revoked or modified it shall remain in full force and be obeyed by such owner or occupant.
Any owner or occupant failing to comply with such order within ten (10) days after such appeal shall have been determined, or if no appeal is taken, then within ten (10) days after the service of such order, shall be in violation of this Article.
7.208 RIGHT OF ENTRY FOR INSPECTIONS
The Fire Chief or his designated representative may enter and inspect any premises or materials therein, for the purpose of eliminating conditions that might present fire hazards, when the Fire Chief:
- Has the consent of the owner or occupant of said premises; or
- Has reasonable cause to believe that said premises present a fire hazard and has obtained a search warrant identifying the premises to be entered and the purpose of the inspection.
Upon finding any hazardous or dangerous condition, it shall be the duty of said Fire Chief to issue an order as provided in Section 7.206 above.
7.209 UNDERGROUND STORAGE
(A) Clearance required.
- Distance to basement: Individual containers of a capacity up to 2,000 gallons shall be buried so that the tops of the containers shall be lower than all floors, basements, cellars, or pits of buildings within ten (10) feet, on or off the property, or containers shall maintain a full clearance of ten (10) feet thereto. For individual containers of•a capacity of more than 2,000 gallons and up to 6,000 gallons, the distance shall be 20 feet. For individual containers of a capacity of more than 6,000 gallons and up to 20,000 gallons, this distance shall be 25 feet.
- Distance to sewers: Individual containers of a capacity up to 2,000 gallons shall be buried so that the tops of the containers shall be lower than the bottom level of all sewers, manholes, catch basins, cesspools, septic tanks, well, or cisterns within ten (10) feet, on or off the property, or containers shall maintain a full clearance of ten (10) feet thereto. For individual containers of a capacity of more than 2,000 gallons and up to 6,000 gallons, the distance shall be 20 feet. For individual containers of a capacity of more than 6,000 gallons and up to 20,000 gallons, the distance shall be 25 feet. The term
sewer includes a sewer line out of service station buildings; provided these clearances shall not be required to a sewer line out of a service station if such sewer line is constructed throughout of cast iron with leaded joints.
- Distance to property lines: Individual containers of a capacity up to 2,000 gallons shall maintain a ten (10) feet clearance to property lines. For individual containers of a capacity of more than 2,000 gallons and up to 6,000 gallons, the distance shall be 20 feet. For individual containers of a capacity of more than 6,000 gallons and up to 20,000 gallons, the distance shall be 25 feet; provided that these clearances on the side adjacent to a public street, alley or highway may be waived by consent of the authorities having immediate jurisdiction over the public street, alley, or highway, if it can be shown that the required sewer clearances can be maintained.
- Distance to special classes of property: Containers and pumps shall maintain a clearance of not less than 300 feet to any mine shaft, air or escape shaft for any mine, and 85 feet to any schoolhouse, hospital, or church. The distance shall be measured from the nearest points of containers and pumps to the nearest points of buildings or shafts.
(B) Setting of containers.
- Where containers are not subject to being driven over, they shall be buried so that their tops will not be less than 2i feet below the surface of the ground or beneath 12 inches of earth and a slab of reinforced concrete not less than six (6) inches in thickness; the container shall be set on six (6) inches of washed sand in the bottom of pit and backfilled to eight (8) inches over top of the container. The slab shall be set on a firm, well-tamped earth foundation and shall extend at least one foot beyond the outline of the container in all directions.
- Where container site is subject to traffic, the total coverage above the top of the container shall not be less than three (3) feet; provided, that where the area over containers is paved with reinforced concrete not less than six (6) inches in thickness, the total coverage may be reduced to two (2) feet.
- Where necessary to prevent floating, containers shall be securely anchored or weighted.
(4) Tops of containers shall be below the level of any piping to which containers may be connected.
(C) Material and construction of containers: Containers shall bear label of Underwriters’ Laboratories or meet equivalent specifications.
- Containers shall be thoroughly coated on the outside with tar, asphalt, or other suitable rust-resisting material.
- Containers shall not be surrounded or covered by cinders or other material of a corrosive effect. If the soil contains corrosive material, special
protection shall be provided.
(D) Venting of containers; Each container shall be provided with a vent pipe, connected with the top of the container and carried up to the outer air. Pipe shall be arranged for proper drainage to storage container, and its lower end shall not extend through top of container for a distance of more than one (1) inch; it shall have no traps or pockets.
(1) No vent pipes from two or more containers of the same class of liquid may be connected to one upright or main header. Separate vent pipes shall be constructed for each container although the container is the same class of liquid.
(E) Fill pipes: Fill pipes shall be located outside of any building, as remote as possible from any doorway or other opening into any building and in no case closer than five (5) feet from any such opening.
(1) Each fill pipe shall be closed by a screw top or other watertight fitting cap, preferably of a type which can be locked. Cap shall be locked at all times when filling or gauging process is not going on.
- Pumps: Flammable liquids shall be transferred from underground containers by means of fixed pumps so designed and equipped as to allow control of the flow and to prevent leakage or accidental discharge.
(1) The use of aboveground storage containers in connection with gauging or vending devices is prohibited.
- Containers to be removed or filled with sand: Underground containers which develop leaks or which are permanently discontinued in service shall be removed promptly or shall be filled with sand. The sand is to be flushed in with water until a complete sand fill is secured.
Any person violating any of the provisions of this Article shall be deemed guilty of an offense and upon conviction thereof shall be fined. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
CHATTER 8. WATER
Article 1. WATERWORKS
8.101 DUTIES OF THE SUPERINTENDENT
The Superintendent shall exercise general management and control of the Waterworks Department.
- He shall supervise over and be responsible for the conduct and performance of all employees of said department.
- He shall be responsible for the operation and maintenance of the Village water system.
- He shall be the custodian of all vehicles, equipment, structures, and property provided by the Village for the use of said Department.
- He shall enforce the provisions of this Chapter and make such inspections, measurements, and tests as necessary for that purpose.
- He shall perform such other duties as may be assigned to him by the provisions of this Code or by the Corporate Authorities.
8.102 PERMITS REQUIRED
The utilities owned by the Village of Camargo and operated by the Waterworks Department, shall not be furnished to any individual or furnished, installed, or hooked up to any premises or lot of record, unless the owner of the premises or lot of record shall have first obtained either an occupancy permit or a building permit for the use of said premises or said lot in accordance with the Zoning Ordinance of the
Village of Camargo.
The Superintendent of the Waterworks Department shall read or cause to be read every water meter used by Department customers at such times as are necessary that the bills may be sent out at the proper time._ Should any meter become inoperative during any month or should weather conditions prevent a meter from being read, the sum said property owner shall pay for water for said month shall be the same as that paid for the average amount of use over the previous three months.
There shall be and there is hereby established rates and charges for the use of and for the services supplied by the Waterworks Department, based upon meter readings of the amount of water consumed each month, as follows:
First 1,000 gallons minimum $24.90 $37.30
Each additional 1,000 gallons $ 4.40 $ 6.60
8.105 BULK SALES
Water may be sold in very large amounts at the rate of $5.00 per 1,000 gallons.
(Ordinance #84-0-1, 3/5/84) 8.106 SERVICE DEPOSIT
All persons desiring to avail themselves of the water, or water service of the Waterworks Department, other than the owners of the real estate in which such service is sought to be installed or connected shall, before such service is installed or connected, pay a deposit of Fifty ($50) Dollars to the Village Treasurer. Such deposits shall be kept in a special fund and in the event any patron of the service is default in payment of any water charge for any month, the Village Treasurer is authorized and directed to apply so much of such patron’s deposit as may be necessary to cover such delinquency. The Village shall not be liable for payment of interest to the depositors on such deposits made. Such deposits, or so much thereof as may not have been applied toward payment of delinquent charges for water service, shall be refunded to the respective depositors when the service to them has been terminated for any reason.
Owners of real estate desiring to avail themselves of water, or water service of the Waterworks Department, shall, before such service is installed or connected, pay a deposit of Seventy-Five ($75) Dollars to the Village Treasurer. Service for owners of real estate OUTSIDE city limits shall pay a deposit of One Hundred Fifty ($150) Dollars. (9-9-2013) Such deposits shall be kept in a special fund and in the event any patron of the service is default in payment of any water charge for any month, the Village Treasurer is authorized and directed to apply so much of such patron’s deposit as may be necessary to cover such delinquency. The Village shall not
be liable for payment of interest to the depositors on such deposits made. Such deposits, or so much thereof as may not have been applied toward payment of delinquent charges for water service, shall be refunded to the respective depositors when the service to them has been terminated for any reason.
The owner of the premises and the occupant thereof and the user of the water service, shall be jointly and severally liable to pay for the service on said premises, and the service is furnished to the premises by the Village of Camargo only upon the condition that the owner of the premises, occupant and user of the service, are jointly and severally liable therefor to the Village of Camargo. Meters shall be read on or around the 20th of the month prior to the billing month. Bills will be rendered by the first day of each month and shall be payable by the tenth (10th) day of each month, then in such a case a penalty of ten percent (10%) of the amount of the bill shall be added and become due.
8.108 DELINQUENT PAYMENT
In the event said rates or charges for water service, including any penalty are not paid within thirty (30) days after the rendition of the bill for such service, such charges and penalties shall be deemed and are hereby declared to be delinquent. Thereafter any bill designated as delinquent for a period of sixty (60) days shall constitute liens upon the real estate for which such services are supplied, and the Village Clerk is hereby authorized and directed to file upon statements showing such delinquencies in the office of the Recorder of Deeds of Douglas County, Illinois, and the filing of such statement shall be deemed notice for the payment of such charges and penalties for such services.
8.109 DISCONTINUANCE OF SERVICE
If all charges and penalties for water service are not paid within sixty (60) days after the rendition of the bill for such service, then such service shall be discontinued without further notice and shall not be reinstated until all past due bills and penalties due thereon are paid in full, together with payment of Twenty-five ($25) made for reinstating such service.
8.110 DUTIES OF THE TREASURER
It is hereby made the duty of the Village Treasurer to render bills for water service and all other charges in connection therewith, and to collect all moneys due thereon, and it is hereby made the duty of all officials of the Village to enforce payment of all unpaid bills and penalties in the manner, form, time and procedure under the laws of the State
of Illinois thereunto enabling. All revenues and moneys derived from the operation of the Waterworks Department shall be held by the Village Treasurer separate and apart from his private funds and separate and apart from all other funds of the Village, and all of said sums, without any deductions whatsoever, shall be reported to the Corporate Authorities at such frequent intervals as may from time to time be directed. Said Village Treasurer shall establish a proper system of accounts and shall keep proper books, records, and accounts, in which complete and correct entries shall be made of all transactions relative to the waterworks system, and at regular annual intervals the Corporate Authorities shall cause to be made an audit, by an independent auditing concern, of the books to show the receipts and disbursements of the system.
Article 2. VILLAGE WATER SYSTEM
The term “Village Water System” as used herein shall mean and include the entire physical property of the Village of Camargo used in raw and treated water, storage, pumping, purification and distribution. Said Village Water System shall be under the general management and control of the Superintendent of the Waterworks Department of the Village of Camargo.
8.202 TURNING ON WATER
No water provided by the Waterworks Department shall be turned on for service into any premises by any person but the Superintendent of said department or some other person authorized by him to perform this service.
Application to have water turned on shall be made in writing to the Village Treasurer, and shall contain an agreement by the applicant to abide by and accept all of the provisions of this Chapter and conditions governing the use of the Village Water System by the applicant. Said application shall be accompanied by a service deposit as required by Section 8.106 of this Code.
No water shall be turned on for service in premises in which the plumbing does not comply with the ordinances of this Village, provided that water may be turned on for construction purposes in unfinished buildings, subject to the provisions of this Article.
8.205 SERVICE PIPE FROM MAIN TO PROPERTY LINE
The Village shall furnish and install the service pipe from the main to the property line of the owner to be served, a corporation cock, the curb cock, the water meter, and the meter box. There is hereby established a fee of One Hundred Fifty Dollars ($150) for the provision and installation of said pipe and appurtenances. All repairs on the service pipe from the main to the property line and all repairs on the corporation cock, the curb cock, the water meter and the curb box shall be made by the Village at its expense after the first installation.
8.206 SERVICE PIPE FROM PROPERTY LINE TO PREMISES
All service pipes from the property line to the premises to be served shall be installed by, and at the cost of the owner of the property to be served or by the applicant for the service. Such installation shall be under the supervision of the Superintendent. All service pipes shall be buried at least three and a half (3 1/2) feet deep in the ground. All repairs on service pipes from the property line to the premises being served, and plumbing system of building shall be made by and at the expense of the owners of the premises served. The Village may, in the case of emergency, repair any service pipe and if this is done the cost of such repair work shall be repaid to the Village by the owner of the premises served.
8.207 CONNECTION INSPECTION
All connections with the Village water system shall be made under the supervision of the Superintendent of the Waterworks Department. No connections shall be covered until the work has been inspected by him or some other person authorized by him to make such inspection.
8.208 METERS REQUIRED
All premises using water from the Village Water System must be equipped with an adequate water meter furnished by the Village. Before any premises are occupied a water meter shall be installed herein as required or no water shall be furnished to such premises. (See Section 8.205)
At any time a leak develops, the same shall be repaired immediately upon notice to the owner by the Superintendent of the Waterworks Department. Should same not be repaired immediately upon notice, the Village shall cause same to be repaired at the expense of the owner or water shall be cut off until such repairs shall have been made.
It shall be unlawful for any person not authorized by the Village to tamper with, alter, or injure any hydrant, meter, service pipe, or other part of the Village’s Water System.
8.211 MOVING METERS
Whenever a water user may desire to change the location of a water meter or to install a remote meter reading device, such user shall apply to the Superintendent of the Waterworks Department to perform such work. The user shall pay the
Village an amount equal to the cost of labor and materials as determined by the Superintendent; provided, however, that nothing in this Section shall preclude the Village from paying for such work when the Corporate Authorities may deem it necessary to expedient to improve the operation of the water system.
CHAPTER 9. PUBLIC WORKS
Article 1. PUBLIC WORKS DEPARTMENT
9.101 DEPARTMENT CREATED
There is hereby created the Public Works Department of the Village of Camargo. Said department shall consist of the Superintendent and such other employees as the Village Board may from time to time deem necessary to implement the provisions of this Chapter.
The Superintendent and any and all employees shall be appointed in accordance with the provisions of Article 5 of this Code.
9.103 DUTIES OF THE SUPERINTENDENT
The Superintendent shall exercise general management and control of the Public Works Department.
- He shall supervise over and be responsible for the conduct and performance of all employees of said department.
- He shall be responsible for the maintenance of the following public facilities: streets, alleys, parks, parking lots, sidewalks, drainageways, Village Shed, and such other property as may be assigned to the department by the Village Board.
- He shall be the custodian of all vehicles, equipment, _structures, and property provided by the Village for the use of said department.
- He shall enforce the provisions of this Chapter and make such inspections, measurements, and tests as necessary for that purpose.
- He shall perform such other duties as may be assigned to him by the provisions of this Code or by the Village Board.
9.104 DAMAGE TO VILLAGE PROPERTY
Any person who shall either intentionally, wilfully, negligently, or accidentally injure or damage any water meters, water mains and pipes, fire hydrants, pavements, curbs, =gutters, manholes, sidewalks, trees, automotive equipment, buildings, or any other Village property of any kind or description shall
immediately notify the Superintendent of the Public Works Department of the time, place, nature and extent of such damage.
Article 2. STREETS AND ALLEYS
9.201 DEPOSITS ON STREETS PROHIBITED
- No person shall throw or deposit upon any street any glass bottle, glass, nails, –tacks, wire, cans or any other substance likely to injure any person, animal, or vehicle upon the street.
- Any person who drops, or permits to be dropped or thrown, upon any street any destrubtive or injurious material shall immediately remove the same or cause it to be removed.
- Any person removing a wrecked or damaged vehicle from a street shall remove any glass or other injurious substance dropped upon the street from such vehicle.
9.202 OBSTRUCTING DRAINAGE
It shall be unlawful to throw place or deposit in any gutter any ashes, dirt, chips, trash or anything that might prevent water from flowing freely along or in such gutter, or margin of any street or sidewalk, or that might prevent the ready flow or free drainage of any water from the center toward the margin thereof, or the drainage of any lot.
9.203 ALLEYS AND GUTTERS TO BE KEPT CLEAN
It shall be the duty of every person owning any lot or parcel of land adjoining any public or private alley to keep the same clean and in an inoffensive condition, and also to keep the gutter in front of the premises owned or occupied by him, under his control, free from filth or other matter that may prevent the free flow of water therein.
9.204 BLOCKAGE OF STREETS OR SIDEWALKS
It shall be unlawful to place or cause to be placed any obstruction on any street, alley or sidewalk except as provided by Section 9.205 of this Code.
9.205 BLOCKAGE FOR CONSTRUCTION PURPOSES, PERMIT REQUIRED
Any person engaged in construction or improving any building, fence, lot, street or sidewalk may apply to the Village Clerk for a permit to deposit material upon a contiguous street, alley, or sidewalk. Said permit shall be applied for and issued in accordance with the provisions of Article 3.1 of this Code. Said permit shall state during what time period blockage of such street, alley, or sidewalk shall be permitted. There shall be no fee for said permit.
The Clerk shall forward the application to the Superintendent of the Public Works Department who shall make such inspections as may be necessary. The Superintendent
shall take the appropriate action, as provided in Section 3.105 of this Code. The Superintendent shall not issue a permit for any activity that does not comply with the provisions of this Article. No permit shall be valid for a period of time
longer than four (4) months from the date of issuance.
9.207 COMPLIANCE WITH OTHER PROVISIONS
The holder of any permit as provided in Section 9.205 above, issued by the Village, shall comply with such other provisions of Article 3.1 of this Code as are appropriate. Any such holder failing to comply with the provisions of this Article or of Article 3.1 shall be liable to revocation of such permit as provided by Section 3.114 of this Code.
9.208 BLOCKAGE FOR CONSTRUCTION PURPOSES, REQUIREMENTS
Any and all permitted blockages of a street, alley or sidewalk for construction purposes shall comply with the following requirements.
- The obstruction of the street, alley or sidewalk as permitted shall not occupy more than one-half (i) of such street, alley, or sidewalk.
- Said obstruction by material shall in all cases be placed or deposited so as to create the least possible interference with vehicles and persons lawfully passing by and using said street, alley, or sidewalk.
- No material shall be placed in front of any premises other than those being improved, or about to be improved, without the consent of the occupant.
9.209 VISIBILITY AT CORNERS, DEFINITIONS
- “Fence” shall mean a constructed barrier enclosing or bordering a field, yard, building, etc.
- “Hedge” shall denote an ornamental hedge, line of trees, line of plants, etc.
- The “visibility triangle” shall mean the triangle having as vertices the following three (3) points: Point of intersection of the center lines of two intersecting streets and the point of each street located on the center line of the street distant from the intersection of the center lines the sum of seventy-five (75) feet.
9.210 VISIBILITY AT CORNERS, REQUIREMENTS
- To prevent obstruction of sightlines, except within five (5) feet of a building and except for wire, or chain-link type fences which are more than ninety-five percent (95%) open, no fence or hedge may be taller than three (3) feet measured from the crown of the pavement within the visibility triangle.
- To prevent obstruction of sightlines, trees within a visibility triangle shall be trimmed so that the lower foliage line is maintained at least six (6) feet above the crown of the adjoining pavement, except that trees need not be trimmed more than one-third (1/3) of their height.
- Height limitations of this Section for fences shall govern over any screening height requirements of the Zoning Ordinance.
- Notwithstanding the above provisions, the Village Board may require the modification or removal of any fence, hedge, shrub, tree, or other similar item of landscape upon a finding that said object constitutes an eminent danger to the health or safety of the public. In reaching their decision, the Board shall consider traffic visibility, traffic density, street widths, and alternate ways of alleviating the danger.
9.211 INTERFERENCE WITH SIGNS OR SIGNALS
No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any official traffic-control device, or any railroad sign or Signal of any inscription, shield, or insignia thereon, or any other part thereof.
9.212 DISPLAY OF UNAUTHORIZED SIGNS
No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles any official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, nor shall any person place, maintain or display upon or in view of any highway any other sign which. hides from view or interferes with the movement of traffic or the effectiveness of any traffic control device or any railroad sign or signal.
9.213 DISPLAY OF COMMERCIAL SIGNS
No person may place or maintain nor may any public
authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising.
9.214 SIGNS DECLARED A NUISANCE
Every such sign, signal or marking prohibited by the provisions of this Article is a public nuisance and the Superintendent of the Public Works Department is empowered to remove the same or cause it to be removed without notice.
Article 3. DRIVEWAYS
9.301 PERMIT REQUIRED
It shall be unlawful for any person to cut any curbing for the purpose of any driveway entry or to construct or reconstruct any driveway between the property line and the pavement or travelled way of a street or alley under the jurisdiction of the Village of Camargo without having first obtained a permit to do so as provided in this Article or without complying with the provisions of this Article or in violation of or in variance from the terms of such permit.
Any person desiring to cut any curbing or to construct any driveway as referred to in Section 9.301 above, shall apply for a driveway permit to the Village Clerk in accordance with Article 3.1 of this Code. The application shall state the place where the curb is to be cut, the manner in which the driveway is to be constructed, together with a plan
thereof. There shall be no fee for a driveway permit.
The Clerk shall forward the application to the Superintendent of the Public Works Department who shall inspect the plans and proposed locations. The Superintendent shall take the appropriate action as provided in Section 3.105 of this Code. The Superintendent shall not issue a permit for any proposed driveway that does not comply with the provisions of this Article. No driveway permit shall be valid for a period of time longer than six (6) months from the date of issuance.
9.304 COMPLIANCE WITH OTHER PROVISIONS
The holder of any driveway permit issued by the Village shall comply with such other provisions of Article 3.1 of this Code as are appropriate. Any such holder failing to comply with the provisions of this Article or of Article 3.1 shall be liable to revocation of such permit as provided by Section 3.114 of this Code.
9.305 CONSTRUCTION REQUIREMENTS
Any and all driveways constructed within the Village shall comply with the following requirements.
(A) It shall be of material approved by the Superintendent of Public Works Department.
(B) Special care shall be taken to effect a neat, perfect, and durable junction with the original curbing, and to prevent injury to the gutter.
(0) No driveway shall be so constructed or graded as to leave a step, sharp depression, or other obstruction in the sidewalk. The grade shall be as nearly as possible the same as that of the adjoining sidewalk.
(D) Construction of a driveway shall comply with such ordinances as apply to excavations, blockage of streets and sidewalks, and other construction requirements.
9.306 CROSSING DRAINAGEWAYS
Whenever a proposed driveway will cross a drainageway, watercourse, or other surface drain, cross drainage shall be provided. Said cross drainage shall be as specified by the Superintendent of the Public Works Department. Said specifications shall be written on the permit issued in accordance with the provisions of this Article.
9.307 DRIVEWAY ACROSS SIDEWALK
It shall be the duty of every person maintaining a driveway to keep the same in good repair where it crosses the sidewalk, and free from obstructions and openings.
Article 4. EXCAVATIONS
9.401 PERMIT REQUIRED
It shall be unlawful for any person, firm or corporation to tunnel under or to make any excavation in any street, alley or other public place without first having obtained a permit as is herein required, or without complying with the provisions of this Article, or in violation of or variance from the
terms of any such permit.
Applications for such permits shall be made to the Village Board and shall describe the location of the intended excavation or tunnel, the size thereof, the purpose therefor, and the person, firm, or corporation doing the actual excavating work; and the name of the person, firm, or corporation for whom or for which the work is being done. There shall be no fee for such permit.
The Clerk shall forward the application upon approval to the Superintendent of the Public Works Department who shall inspect the application and the proposed location. The Superintendent shall take the appropriate action as provided in Section 3.105 of this Code. No such permit shall be issued unless and until the applicant has filed with the Clerk a form to indemnify the Village for any loss, liability or damage that may result or accrue from or because of the making, existence, or manner of guarding or constructing any such tunnel or excavation.
9.404 COMPLIANCE WITH OTHER PROVISIONS
The holder of any excavation permit issued by the Village shall comply with such other provisions of Article 3.1 of this Code as are appropriate. Any such holder failing to comply with the provisions of this Article or of Article 3.1 shall be liable to revocation of such permit as provided by Section 3.114 of this Code.
9.405 BARRICADES REQUIRED
Any person, firm or corporation laying or repairing any pavement on a street, sidewalk, or other public place or making an excavation in such place, shall maintain suitable barricades to prevent injury to any person by reason of the work, and shall have the barricades lighted at night.
9.406 DISTURBING BARRICADES
It shall be unlawful to disturb or interfere with any barricade or light lawfully erected to protect or mark any new pavement or excavation or opening in any public street, alley or sidewalk.
9.407 RESTORING SURFACE
Any person, firm, or corporation making any excavation or tunnel in or under any public street, alley or other public place shall restore the surface to its original condition if there is no pavement there. Refills shall be properly tamped down, and any bracing in such tunnel or excavation shall be left in the ground. Any opening in a paved or improved portion of a street shall be repaired and the surface relaid by the applicant, in compliance with the Ordinances of the Village and under the supervision of the Superintendent of the Public Works Department.
The Superintendent of the Public Works Department shall, from time to time, inspect or cause to be inspected, all excavations and tunnels being made in or under any
public street, alley or other public place to see to the enforcement of the provisions of this Article. Notice shall be given to him at least ten (10) hours before the work or refilling any such tunnel or excavation commences.
Article 5. SIDEWALKS
All sidewalks in the Village shall be under the supervision of the Superintendent of the Public Works Department. He shall have general supervision of all work done on such places, shall superintend the cleaning, –,nd shall see to the enforcement of all ordinance provisions relating thereto.
9.502 PERMIT REQUIRED FOR CONSTRUCTION
It shall be unlawful to construct or lay the pavement for any public sidewalk within the Village without having first obtained a permit from the Village Board. Applications for such permits shall be made in writing to the Village Clerk in accordance with Article 3.1 of this Code. The Clerk shall forward the application to the Village Board for approval.
9.503 COMPLIANCE WITH OTHER PROVISIONS
The holder of any sidewalk construction permit issued by the Village shall comply with such other provisions of Article 3.1 of this Code as are appropriate. Any such holder failing to comply with the provisions of this Article or of Article 3.1 shall be liable to revocation of such permit as provided by Section 3.114 of this Code.
All sidewalks shall be of concrete, four (4) feet wide and four (4) inches in thickness. All sidewalks shall be six (6) inches in thickness and reinforced with steel rods where they may cross a driveway or alley. Such specifications shall be incorporated in the permit and it shall be unlawful to deviate in any material way from such specifications.
All public sidewalks in the Village shall be kept in good repair. Repairs shall be made by order of the Village Board and shall be supervised by the Superintendent.
All repair or construction work on any sidewalk shall be protected by barricades and lights as provided in Section 9.405 of this Code.
It shall be the duty of every Village officer or employee to report to the Superintendent every defect observed in any pavement of any sidewalk; and it shall be the duty of the Superintendent to either repair the same promptly, or to report it to the Village Board, after first properly barricading the same so as to avoid injury to any person or property.
9.508 WORK DONE BY THE VILLAGE
The provisions of this Article relating to the construction of sidewalks shall not apply to sidewalks which are laid by the Village unless the provisions of the Article are specifically made applicable.
9.509 PAINTING SIGNS ON SIDEWALKS
It shall be unlawful for any person to paint any sign or advertisement upon any sidewalk or pavement within the Village limits.
Article 6. PARKS
9.601 RESPONSIBILITY TO KEEP CLEAN
It shall be unlawful to bring in or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse; or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere. Each person, firm or corporation using the public parkk and grounds shall clean up all debris, extinguish all fires when such fires are permitted, and leave the premises in good order, and the facilities in a neat and sanitary condition.
9.602 INTERFERENCE WITH OTHERS
It shall be unlawful to prevent any person from using any park, or any of its facilities, or interfere with such use in compliance with this Article and the rules applicable to such use.
It shall be unlawful to drive or park any automobile except on a street, driveway, or parking lot in the park when the ground has been saturated with rain when such action would cause the damage of the park area.
It shall be unlawful for horses to be ridden in the park when such action shall cause damage to the grounds.
9.605 DAMAGE TO PARK PROPERTY
Any person who shall either intentionally, wilfully, negligently, or accidentally injure or damage any property located on park grounds shall immediately notify the Superintendent of the Public Works Department of the time, place, nature and extent of such damage.
CHAPTER 10. COMMUNITY DEVELOPMENT Article 1. GENERAL PROVISIONS
10.101 BASE OR DATUM
That a base or datum for the levels of the Village of Camargo, Douglas County, in the State of Illinois, be and the same is hereby fixed in the plane passing horizontally through the highest point of the top surface of a large rock set good and deep just below the surface of the ground in the Southwest Corner of the block of ground devoted to Public Park in the Village of Camargo, the elevation of said datum or base
being six hundred sixty-two and two hundredths (662.02) feet above mean sea level at the City of Biloxi, in the State of Mississippi.
All grades and levels in said Village which do not have reference to said base may be changed and all grades which may be hereafter established shall have reference to and be established according to the base or datum line of this Ordinance.
10.103 MOVING OF BUILDINGS, PERMIT REQUIRED
It shall be unlawful for any person, firm or corporation to proceed with the moving of any building, or of any structural part thereof along any street, alley or public way in the Village until a permit shall first have been obtained.
10.104 APPLICATION FOR PERMIT
Any person, firm or corporation desiring to obtain a permit for moving a building as required by Section 10.103 above shall apply for such permit with the Village Clerk in accordance with the provisions of Article 3.1 of this Code. Such application shall describe with reasonable certainty the old location, the location to which such building is to be moved. Such application shall also have conditioned upon the payment of all damages to property or persons which may be occasioned by such moving. The fee for such permit shall be designated by the Village Board.
The Clerk shall forward the approved permit to the Building Inspector who shall make such inspections as are necessary. The Building Inspector shall take the appropriate action as provided by Section 3.105 of this Code. If a permit shall be issued and the operation authorized by such permit
shall not be commenced within thirty (30) days after the date thereof, such permit shall thereafter be null and void and no operation shall be had thereunder, and the moving
authorized therein shall not be commenced and performed until a new permit shall be obtained and the fee paid as 1ereinabove provided.
10.106 COMPLIANCE WITH OTHER PROVISIONS
The holder of any permit to move a building issued by the Village Board shall comply with such other provisions of Article 3.1 of this Code as are appropriate. Any such holder failing to comply with the provisions of this Article or of Article 3.1 shall be liable to revocation of such permit as provided by Section 3.114 of this Code.
10.107 MOVING OF BUILDINGS RECORDS
It shall be the duty of the Village Clerk to keep
among the records of his office a record showing, in numerical order, the permits issued by him, the name of the applicant therefor, the names of the sureties upon his bond, the location and general nature of the moving authorized by such permit, and the date thereof.
10.108 PLATS TO BE SUBMITTED TO VILLAGE COUNCIL
Any person who shall survey or plat any addition to
the Village of Camargo, or any lands adjoining or within
the same, into lots, blocks, or other subdivisions, or shall
re-subdivide any block, lot, sub-lot or part thereof, within
said Village, shall submit the map, plat or subdivision
thereof to the Zoning Board and thence to the Village Board
for its approval; and no such map, plat or subdivision shall
be valid, or be admitted to record in the office of the
Recorder of Deeds in and for Douglas County, until the same
has been so submitted and approved by the Village Board. If
the Village Board approved ,any map or plat of any addition
or subdivision submitted to it, as herein provided, a certificate
of such approval shall be endorsed upon said map or plat,
signed by the President of the Corporate Authority and
attested by the Village Clerk.
10.109 PENALTY FOR RECORDING PLAT BEFORE APPROVAL, ETC.
Any person who shall, as owner of the land so surveyed or platted, or as the agent of any such owner, cause to be recorded in the Recorder’s Office of Douglas County, any such map, plat or subdivision mentioned in Section 10.108 above, without having the same submitted to and approved by the Village Board before filing the same in the said Recorder’s Office for record, shall be deemed in violation of this Article.
10.110 PENALTY FOR SELLING LOTS
Any person who as owner of the land so surveyed or platted or as the agent of any such owner shall sell, or offer for sale any lot, block, subdivision of lands as mentioned in Section 10.108 above, before the map, plat or subdivision thereof has been approved by said Village Board shall be deemed in violation of this Article.
10.111 MOVING OF STAKES
It shall be unlawful to change or remove any stake, post or stone placed or set to designate the corner or line of any lot or tract of land, street, alley, or sidewalk, or to show the grade of any street, alley, or sidewalk.
10.112 REPORTING OF SAME
Any person who shall change or remove such stakes, posts, or stones, whether intentionally, wilfully, negligently or accidentally shall immediately report same to the Building Inspector.
10.113 FENCES-BARBED WIRES, SPIKES, ETC.
It shall be unlawful for any person within the Village to place, maintain, or keep a fence, railing or guard of any kind constructed of barbed wire, iron spikes, or other sharp-pointed, metallic instruments. The provisions of this Section shall not apply to barbed wire strands placed on top of another type of fence and no less than seven (7) feet above the ground.
Article 2. Building Code
There is hereby adopted by the Board of Trustees of the Village of Camargo, for the purpose of establishing rules and regulations for the construction, removal, alteration, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as the National Building Code, Abbreviated Edition, recommended by the American Insurance Association, successor to the National Board of Fire Underwriters, being particularly the 1967 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, and the same are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be the controlling in the construction of all buildings and structures therein contained within the corporate limits of the Village of Camargo.
10.202 BUILDING INSPECTOR
The Building Inspector appointed by the Village President pursuant to “The Village of Camargo, Illinois
Zoning Ordinance” shall enforce all laws relating to the construction, alteration, removal and demolition of buildings and structures, including, but not limited to, the provisions of this Ordinance.
10.203 RIGHT OF ENTRY
The Building Inspector, in the discharge of his official duties, and upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour for purpose of inspection to determine compliance with the terms hereof.
10.204 REQUIREMENTS FOR DWELLING HOUSES
It is intended that the requirements under this Article modify those under said National Building Code; where
maximums or minimums under this Code are in conflict with those stated therein, the requirements listed herein shall control.
(A) Single Story Building: The bottom of footings for single story buildings shall be placed a minimum of thirty-two (32) inches below the surface of the ground. The footings shall be a minimum of sixteen (16) inches in width and a minimum of eight (8) inches depth of concrete.
- Two Story Building: The bottom of footings for two story buildings shall be placed a minimum of thirty-two (32) inches below the surface of the ground. The footings shall be a minimum of twenty-four inches in width and a minimum of ten inches in depth of concrete.
- Both Single and Two Story Buildings:
- Center Pier: Center Piers shall have a minimum spacing of eight (8) feet. The base of the center piers shall be a minimum of four (4) square feet and be located at the same depth as the concrete footing.
- Floor Joists: Floor joists shall be placed sixteen (16) inches on center and shall have a maximum span as listed below:
2 x 8 . . . . . . . 12 feet maximum span
2 x 10 16 feet maximum span
2 x 12 20 feet maximum span
- Studs: Studs shall be a minimum of 2×4 inches on sixteen (16) inch centers.
- Ceiling Joists: Ceiling Joists shall be a minimum of 2 x 4 inches with a maximum run of sixteen (16) feet and shall be on sixteen (16) inch centers. When using 2 x 6 inch for ceiling joists there shall be a maximum run of sixteen (16) feet and may be on twenty-four (24) inch centers.
(a) Where “W” trusses are used, the following maximums are allowed:
up to 28 feet span. 2 x 4
30 feet span the top 2 x
2 feet on center
36 feet span 2 x 6
All material used to construct the “W” may be 2 x 4 to 36 feet span.
- Rafters: Rafters shall be a minimum of 2 x 6 inch with a maximum run of sixteen (16) feet, on
sixteen (16) inch centers. 2 x 4 inch may be used if pitch of more than 1/4.
- Sub Floor: Sub flooring shall be a minimum of 5/8 inch plywood or 1 inch board, both must be sheeted with a minimum of 1/2 inch underlayment.
- Roof Sheeting: Roof sheeting shall be a minimum of 1/2 inch plywood or 3/4 inch board.
- Roof Material: Roof material shall have a minimum weight of 225 pounds per square.
- Bearing Walls: All bearing walls shall be a minimum of 2 x 10 headers or equal on all openings.
- Wall Plates: Wall plates shall be a minimum of double 2 x 4 with no joints aligned.
- Concrete Work: Concrete subject to vehicle traffic shall have a minimum of four inches of concrete over six inch wire and fill. Walk ways shall have a minimum depth of four inches of concrete over fill. Said fill shall be of sand or fill gravel and at the six and four inch level, respectively, after being compacted or water filled.
- Siding: Finished siding must be applied within ninety (90) days of occupancy or nine (9) months after storm sheeting is applied to a non-occupied structure.
- Fire Requirements: Structures located within the fire limits must having ceilings and walls with a minimum of one hour fire resistance. Any building used for dwelling purposes shall have at least two doors for fire exits.
- Concrete Slab Floors: Concrete slab floors with a floor space in excess of 750 square feet shall be referred to the Building Inspector for approval. If truss rafters are not used for slab floor, then center footing shall be put under bearing wall. Slab floors used in construction of dwellings shall be bounded by rat-guard footings.
(D) Materials used in the Construction of Dwellings: Wood materials used in the construction of dwellings shall be of dimensional lumber of construction grade – #1200 fiber test minimum. No splicing shall be made on floor joists, studs, ceiling joists or rafters with 12/3 pitch or less. Buildings which will have more than 12/3 pitch to the rafters
must be approved by the Building Inspector. 10.205 STEEL BUILDINGS
All steel buildings shall bear an underwriters’ seal in order to satisfy the requirements of this Ordinance.
- Any person who shall violate any of the provisions of this Ordinance or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Building Inspector or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be deemed in violation of this Ordinance and shall have Village utilities discontinued and shall have construction halted immediately until the violation is remedied to the satisfaction of the Building Inspector. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.
- The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
That all Ordinances or parts of Ordinances to the extent only that they are in conflict with this Ordinance, are hereby repealed.
(No. 84-0-5, dated 11/5/84) 10.208 BUILDING PERMIT RATES
There is hereby adopted by the Board of Trustees of the Village of Camargo, for the purpose of establishing rates for the construction of dwellings within the corporate limits of the village.
(A) Building Permit
- $.02 per square foot for residential construction, with a minimum total fee of $10.00.
- $.04 per square foot for commercial construction, with a minimum total fee of $10.00.
(B) Certificate of Occupancy
Article 3. DILAPIDATED and DANGEROUS BUILDINGS
The following definition shall apply unless the context clearly indicates or requires a difference meaning.
(A) “Dangerous Building” shall constitute any building,
shed, fence, or other man-made structure which is dangerous
to the public health because of its construction or condition,
or which may cause or aid in the spread of disease or cause
injury to the health of the occupants of it or of neighboring
structures; any building, shed, fence, or other man-made
structure which, because of faulty construction, age, lack
of proper repair or other cause, is especially liable to fire,
and constitutes or creates a fire hazard or is liable to
cause injury or damage by collapsing or by a collapse or
fall of any of its parts; any building, shed, fence or other
man-made structure which, because of its condition or because
of lack of doors or windows, is available to any malefactors
or disorderly persons who are not lawful occupants of the structure.
10.302 DECLARED A NUISANCE
Any dangerous building in the Village is declared to be a nuisance.
10.303 VACATION OF DWELLING
Any Dangerous Building declared a nuisance may be condemned by the Building Inspector and so designated and placarded by the Building Inspector shall be vacated within a reasonable time, not to exceed sixty (60) days, as ordered by the Building Inspector. No such dwelling, dwelling unit, or building shall again be used for human habitation until the defect or defects upon which the condemnation and
placarding were based have been eliminated and written
approval has been secured from, and placard removed by, the Building Inspector. No person shall deface or remove the placard from any such condemned dwelling, dwelling unit, or building except as provided in this section.
10.304 DAMAGED BUILDINGS WITHIN FIRE LIMITS
- Any building or structure within the fire limits of the Village which has been damaged by fire, decay, or other cause to the extent of 50% of its value, shall be expeditiously repaired or torn down and removed.
- Upon written notice by the Building Inspector or any other village employee, filed with the Village Clerk, the Clerk shall notify the President of the Corporate Authorities
of the receipt of the notice. The President of the Corporate Authorities shall then appoint three persons to determine whether or not such building or structure has been damaged to the extent of 50% of its value. A copy of the notice filed by the village officer, together with a notice of the appointment of this board of three persons to determine the damage, shall be served upon the owner of the premises by personal service or by registered mail to his last known address.
- The notice shall be in substantially the following form:
You are hereby notified that has determined
that the building owned by you at located within the
fire limits of the Village has been damaged by fire, decay, or otherwise to the extent of fifty percent of its value; and that a board of three members has been appointed to
verify this finding, which board will hold its first meeting
in the Village Hall on the day of at the pour
of o’clock, at which time it will be determined
whether this finding is correct.
If this finding is verified by the board, you must tear down and remove the said building.”
- If the board of three members determines that the building in question has been damaged to the extent of 50% of its value, it shall be the duty of the owner to tear down or remove the building. within 60 days after the finding of the board; and it shall be unlawful to occupy or permit the building to be occupied after such finding.
Any person affected by any notice or order relating to the condemning and placarding of a dwelling, dwelling unit, or building may reqUest and shall be granted a hearing before the Village Board on the matter within thirty (30) days after the date of such other and placarding.
10.306 DEMOLITION BY OWNER
A dwelling or building which is subject to condemnation and placarding may be ordered demolished by the Building Inspector if it is determined by a council of three persons appointed by the President of the Corporate Authorities and the requirements of Article 10.304 have been met. Demolition may be required by the owner within a reasonable period of time, said period of time to be not less than sixty (60) days after notice is served on said owner. Such demolition shall have the effect of fulfilling the requirements of
removing defects if the structure is razed to the ground level and any subsurface area is filled with solid materials to ground level.
10.307 DEMOLITION BY VILLAGE
A dwelling or building which has been condemned as unfit for human habitation or as a danger to the public health and ordered demolished and which has not been demolished by the owner within the time specified in such demolition order, may be demolished at the expense of the owner in accordance with the provisions of Division 31 of Article 11 of the Illinois Municipal Code.
10.308 NOTICE TO UNKNOWN OWNERS
If the owner of the premises concerned is unknown, or if his address is unknown, service of any notice provided for in this subchapter may be made by posting a copy thereof on the premises and by publishing one time a copy thereof in a newspaper published within the municipality or servicing the municipality.
Any person violating any of the provisions of this Code shall be guilty of violating this code, and upon conviction shall be subject to a fine. Each act in violation of any of these provisions shall be deemed a separate offense.
CHAPTER 11. PRIVATE UTILITIES Article 1. CABLEVISION
An ordinance establishing the conditions for awarding
a 15-year nonexclusive franchise to construct, operate and maintain
a community antenna television system within the Village of
Camargo, Illinois; setting forth conditions accompanying the
granting of said franchise; providing for Village regulation
and the use of the community antenna television system;
prescribing the penalties for violation of the provisions
hereof; and providing for payment of the Village for the
privilege of said franchise.
Be it ordained by the Village Board of Trustees of
the Village of Camargo, Illinois, as follows:
11.102 SHORT TITLE
This ordinance shall be known and may be cited as the Camargo Cablevision Franchise Ordinance.
For the purpose of the grant of this Ordinance, the following terms shall have the meaning as described herein:
- “Village” shall mean the Village of Camargo, Illinois, or its successors and shall include when appropriate to the use of the term in context the territorial boundaries of the Village as they now or shall hereafter exist. In addition, such term shall include the unincorporated areas commonly known as “Patterson Springs” and “Lakewood Estates”.
- “Board” shall mean the present governing body of the Village of Camargo, Illinois, or any successor to the legislative powers of the present Village Board of Trustees of the Village of Camargo.
- “Franchise” shall mean the permission, license, franchise or authority given hereunder to conduct and operate a community antenna television system in the Village of Camargo.
- “Grantee” shall mean any person, firm, partnership, association, corporation or company to whom a franchise shall be granted hereunder.
- “Street” shall mean the surface of and the space above and below any public street, road highway, freeway, lane, path, alley, court, sidewalk, parkway, drive or other easement now or hereafter held by the Village of Camargo for
the purpose of public travel and shall include such other easements or right-of-way as shall be now held or hereafter held by the Village of Camargo which shall within their proper use and meaning entitle the Village of Camargo and its grantee to use thereof for the purpose of installing or transmitting CATV transmissions over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be
ordinarily necessary and pertinent to the CATV system.
- “Property of grantee” shall mean all property owned and installed or used by grantee in the conduct of its CATV business in the Village of Camargo and under the authority of the franchise granted herein.
- “CATV” shall mean a community antenna television system as hereinafter defined.
- “Community antenna television system” or “system” shall mean a system or “system” shall mean a system of antenna, coaxial cables, wires, wave guides, or other conductors, equipment or facility designed, constructed or used primarily for the interception and receipt of television or radio signals, directly or indirectly off the air, and the distribution or transmission of such signals by means of cables or other similar devises to subscribers.
- “Subscriber” shall mean any person or entity receiving for any purpose the CATV service of the grantee herein.
- “Person” shall mean any individual or association of individuals, or any firm, corporation or other business entity.
- “Facilities of Grantee” or “CATV facilities” shall mean property of the grantee.
- “Gross Subscriber revenues” shall mean only those revenues derived from basic cable television service charges paid by subscribers located within the Village and does not include pay service revenues.
11.104 QUALIFICATIONS OF GRANTEE AND GRANT OF AUTHORITY
(A) Prior to granting a franchise hereunder, the Board shall conduct a public proceeding pursuant to public notice concerning a grantee’s application for a franchise hereunder, which proceeding shall afford all interested parties an opportunity to participate in the proceeding and comment upon the legal character, financial, technical, and other qualifications Of the grantee, and the adequacy and feasibility of its arrangements for the construction of a cable television system in the Village, including the
unincorporated areas of Patterson Springs and Lakewood Estates; if the Board finds that a proposed grantee possesses all necessary qualifications and that its construction arrangements are adequate and feasible, the Village may grant to grantee the right, privilege and franchise to construct, operate and
maintain a CATV system in the streets of the Village, including the unincorporated areas of Patterson Springs and Lakewood Estates, for the period of fifteen (15) years, this time
period to begin from the date of the grant, subject to the rights, obligations, conditions and restrictions as hereinafter provided.
- The right to use and occupy said streets for the purpose herein set forth shall not be exclusive, and the Village reserves the right to grant a similar use of said streets to any person at any time during the period of a franchise.
- After the expiration of the term for which a franchise is granted, or after its termination and cancellation, as provided for herein, the Board shall have the right to determine whether a grantee shall continue to operate and maintain a CATV system pending the decision of the Board as to the future maintenance and operation of such system. No renewal of a franchise shall be granted unless authorized b„ the Board following an appropriate public proceeding involving public notice and an opportunity for interested parties to participate, during which proceeding the grantee’s past performance, the adequacy of the franchise’s provisions and the consistency of those provisions with applicable FCC rules have been considered.
- This Ordinance and any franchise awarded pursuant to the terms of this Ordinance shall relate to and cover the entire present territorial limits of the Village, any area hereafter Annexed thereto during the term of the franchise, and the unincorporated areas commonly known as Patterson Springs and Lakewood Estates. The grantee agrees to and shall install and furnish CATV service to all residents of the village, including all residents in any territorial subsequently annexed to the village and the unincorporated areas commonly known as Patterson Springs and Lakewood Estates.
The authority hereby granted to conduct a CATV system in the village and to use and to occupy the streets therefor is not and shall not be deemed to be an exclusive right or permission. The village expressly reserves the right to grant similar non-exclusive franchises to other persons, firms or corporations to conduct CATV and to use the streets of the village therefor within the same or other areas of the village at any time or any period of time. No such additional franchise granted by the village shall in any way affect the obligations
of a grantee hereunder.
11.106 RESPONSIBILITY FOR CONTINUING ADMINISTRATION
The Board shall have the responsibility for the continuing administration of the franchise and implementation of complaint procedures.
11.107 NOTICE CONCERNING COMPLAINTS
Notice of the procedures for reporting and resolving complaints will be given to each subscriber at the time of initial subscription to the cable system.
Any franchise granted hereunder shall be for a term of 15 years unless the same shall sooner expire by reason of other provisions hereof.
The term of said franchise shall commence on the first day of the first month next following the date a grantee hereunder accepts and agrees to abide with the terms and conditions of this Ordinance by filing a written acceptance thereof with the Village Clerk of the Village; which said acceptance shall be filed, if it is to be valid, within a period of 30 days from the effective date of said franchise. If such acceptance shall not be filed within the time aforesaid, then said franchise shall be deemed void and of no further force and effect and the offer of said franchise shall stand revoked.
In addition to all other rights and powers reserved or pertaining to the village, the Village reserves as an additional and as a separate and distinct remedy the right to revoke said franchise and all rights and privileges of the grantee thereunder in any of the following events or for any of the following reasons:
- Grantee fails after 60 days prior written notice to comply with any of the provisions of this Ordinance or has, by act or omission, violated any term or condition thereof; or
- The grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt; or
- All or part of grantee’s facilities should be sold under an instrument to secure a debt and are not redeemed by grantee within 60 days from said sale; or
- Grantee attempts to or does practice any fraud or deceit in its conduct or relations with the village under
11.110 ORDINANCE OF REVOCATION
No revocation provided for in Section Nine shall be effective unless or until the Board shall have adopted an ordinance setting forth the cause and reason for the revocation and the effective date thereof, which ordinance shall not be adopted without 30 days prior notice thereof to grantee and an opportunity for grantee to be hear on the proposed adoption of such proposed ordinance. If the revocation as proposed in such ordinance depends on a
finding of fact, such finding of fact as made by the Board after the hearing provided for, if requested by grantee, shall be conclusive.
11.111 FRANCHISE FEE
- General Payment. In consideration of the terms of said franchise, grantee agrees to py the village a sum of money equal to three percent (3%) of grantee’s gross subscriber revenues per ye–,r derived from installation of equipment and all subscriber services in the village. Grantee shall file with the village within 30 days after the expiration of the first twelve months of said franchise and within 30 days after each succeeding three-month period said franchise shall be in force, a financial statement prepared by a certified public accountant or person otherwise satisfactory to village, showing in
detail the gross subscriber revenues per quarter from cable television operations in the village and areas above described during the preceding three months. It shall be the duty of grantee to pay to village within 15 days after the time for filing such statement the sum herein prescribed.
- Early Termination. If said franchise should be terminated or forfeited prior to the end of the basic 15 year term, grantee shall immediately submit to village a financial statement prepared as required by this section, showing in detail grantee’s gross subscriber revenues per quarter from cable television operations in the village and the areas above described in paragraph A for the time elapsed since the last period for which grantee had paid to village the required percentage, and grantee shall pay to village not later than 30 days following the termination of the franchise a like percentage of such subscriber revenues as provided for in this section.
- Inspection of Records. Village shall have the right to inspect grantee’s records showing the gross receipts from which its franchise payments are computed and the right to audit and recomputation of any and all amounts paid under said franchise shall be always accorded to village.
- Effect of Acceptance. No acceptance of any
payment by the village shall be construed as a release of
or an accord or satisfaction of any claim the village might
have for further or additional sums payable under the terms
of the franchise granted by this Ordinance or for any performance
of obligations by grantee hereunder.
- Comprehensive Liability Insurance. Grantee shall also concurrently with the filing of its acceptance of said franchise, furnish to the village and file with the Village Clerk of Village and at all times during the term of said franchise maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy, indemnifying and defending village, its officers, boards, commissions, agents and employees, in a company approved by the President of the Village and in a form satisfactory to the village attorney of village, from and against all claims by any person whatsoever for loss or damage for personal injury, death or property damage occasioned by the operations of grantee under the franchise herein granted, or alleged to so have caused or occurred, with minimum liability limits of One Hundred Thousand Dollars (000,000.00) for personal injury or death to any one person and Five Hundred Thousand Dollars ($500,000.00) for personal injury or death to two or more persons in any one occurence and One Hundred Thousand Dollars (4000,000.00) for damage to property resulting from any one occurrence.
- Village Named as Additional Insured. Policies mentioned in the foregoing paragraph of this section shall name the village, its officers, Boards, commissions, agents and employees, as additional insured, and shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to village 10 days in
advance of the effective date thereof; if such insurance is provided by policy which also covers grantee or any other
entity or person other than those above named, then such policy shall contain the standard cross-liability endorsements.
11.113 PERFORMANCE BOND
Grantee shall, concurrently with the filing of its acceptance of said franchise, file with the Village Clerk of Village and at all times thereafter maintain in full force and effect for the term of said franchise, at grantee’s sole cost and expense, a corporate surety bond in a company and in a form approved by the village attorney of village and in the amount of Ten Thousand Dollars, ($10,000.00), renewable annually, and conditioned on the faithful performance of grantee of all of the terms and conditions of this franchise for the term thereof.
If village shall, under other terms of this Ordinance, revoke the franchise of grantee other than by reason of the acquisition by village of grantee’s property, then, in that
event, village shall be entitled to recover under the terms of such bond the full amount of any loss occasioned to village by reason of such breach or violation to the full amount of such bond.
In addition to the obligations of grantee under the provisions of this Ordinance, grantee agrees to indemnify and defend village, its officers, Boards, commissions, agents and employees from and against any and all claims, demands, actions, suits and proceedings by others, against all
liabilities to others, including, but not limited to any liability for damages by reason of, or arising out of, and failure by grantee to secure consents from the owners,
authorized distributors or licensees of programs to be transmitted or distributed by the grantee, and against any loss, costs, expense and damages resulting therefrom, including reasonable attorney’s fees, arising out of the exercise or enjoyment of said franchise.
No recover by village of any sum by reason of the performance bond required hereunder shall be any limitation on the liability of the grantee to the village under the terms of this section, except that any sums so received by village shall be deducted from any recovery which village might have against grantee under the terms of this section.
11.115 USING OF EXISTING POLES AND STREETS
Except when absolutely necessary to service a subscriber and not simply because it shall be more convenient, economical or profitable for grantee to so operate and then only when expressly permitted in writing by the President of Village, under such conditions as he shall prescribe for the public welfare, grantee shall not erect or authorize or permit others to erect any poles or other facilities within the streets of the village for the conduct of its CATV system but shall use the existing poles and other equipment of the village or public utilities operating within the village.
To that end, grantee shall enter into agreements with such public utilities for the joint use of their poles and equipment, or shall enter into agreements with such public utilities whereby said utilities shall install, maintain, replace, or repair the poles, lines and equipment required by grantee on or along the streets of village. However, nothing herein shall prohibit the resetting of any existing poles if needed for pole capacity, or prohibit the additional setting of new poles by such public utilities when such poles are needed in the reasonable conduct of the business of such utilities and will be used for purposed other than and in addition to the conduct of grantee’s CATV business. When any such poles cross or are located on private property, a grantee, before using such poles, shall obtain any easements, consents or permission which may be necessary or required from
such property owner.
11.116 RELOCATION OF PROPERTY
- Grantee’s Property. Whenever village or any public utility franchised or operating within the village shall require the relocation or reinstallation of any property of grantee in or on any of the streets of the village, it shall be the obligation of grantee on notice of such requirement to immediately remove and relocate or reinstall such property as may be reasonably necessary to meet the requirements of village or such utility as aforesaid, which such relocation, removal or reinstallation by grantee shall be at the sole cost of grantee.
- Housemoving Purposes. Grantee, shall in the request of any person holding a building or moving permit issued by village, temporarily raise or lower its wires or other property or relocate the same temporarily so as to permit the moving or erection of buildings. The expenses of such temporary removal, raising or lowering of wires or other property shall be paid by the person requesting the same and grantee shall have the authority to require such payment in advance. Grantee shall be given in such cases not less than 48 hours prior written notice in order to arrange for the actions required.
11.117 UNDERGROUND FACILITIES
Whenever, in any place within the village, all or any part of the public utilities shall be located underground, it shall be the obligation of grantee to locate or to cause its property to be located underground within such places. If the public utilities shall be located underground in any
place within the village after the grantee shall have
previously installed its property, nevertheless, grantee shall, at the same time or immediately thereafter, remove and relocate its property also underground in such places. All location by grantee of its property underground shall be at the sole cost and expense of grantee.
If grantee shall in any case be unable for operational reasons only to locate or relocate any part of its property underground, then the Board, on being satisfied as to the facts
thereof may permit such property to remain above the ground even though other facilities may be placed underground in the
area. However, any such permission shall be on such conditions as the Board may require for the public welfare.
11.118 USE AND INSTALLATION
(A) Degree of Care. Grantee or any person, firm or corporation erecting, constructing or maintaining any of the property used by or for grantee shall at all times employ due care or the highest degree of care required by the law under the facts and circumstances and shall maintain and
install the property of grantee in accordance with commonly accepted methods and principles so as to prevent failures and accidents likely to or which may tend to cause damage, injury or nuisance to the public.
- Fire Standards. All CATV facilities shall conform at least to the standards of the National Electrical Code of the National Board of Fire Underwriters or the latest edition thereof at the t ime any such facility shall be
installed or replaced. However, nothing shall prohibit more stringent or rigid requirements being imposed on grantee either by village through ordinance or through any agreement between grantee or any public utility serving the village.
- Location of Facilities. All CATV facilities shall be so located as to cause minimum interference with the proper use of streets, and so as to cause minimum interference with the rights and reasonable convenience of property owners, abutting streets, and in no event shall any such facilities by located so as to substantially interfere with the usual public travel on any street of the village.
- Damage ‘to Public Property. Whenever grantee shall cause or any person on its behalf shall cause any
injuries or damage to any public property or street, by or because of the installation, maintenance or operation of the CATV facilities, such injury or damage shall be immediately remedied in such faction as directed by the Board unless ordinances of the village shall make other provisions therefor.
- Tree Trimming. The grantee shall have the authority to trim trees upon and overhanging the streets of the village so as to prevent the branches of such trees from coming in contact with the wires, cables and other facilities of grantee, except that the village may require through its Board that such work be done by village or other persons whom it shall designate at the expense of the grantee.
- Location of Public Ways. Should grantee be required in the conduct of its business to locate other
property within the streets of village other than property which may be attached to utility poles, then in that event, before grantee shall install or shall permit any other person to install any such property in any street, the nature of such property shall be disclosed to the Board for its approval as to the need thereof and as to location within the street and then only under such conditions as it shall prescribe concerning such location or installation.
- Permits. No installation of any CATV facility shall be performed or conducted within any of the streets of village unless plans therefor shall have been first submitted to the Board and a permit issued therefor.
If the use of any part of grantee’s CATV system is
discontinued for any reason for a continuous period of 12
months or if such system has been installed in any street
without complying with the requirements of grantee’s franchise,
or said franchise has been terminated or is revoked, grantee
shall promptly, on being given 30 days prior notice, remove
from the d✓reets all its facilities other than that which the
Board may permit to be abandoned in place. In the event
of such removal, grantee shall promptly restore the street
from where such facilities have been removed to a condition
satisfactory to the Board.
Any property of grantee remaining in place 90 days
after the termination or revocation of said franchise shall
be considered permanently abandoned unless the Board has
extended such time not to exceed an additional 30 days.
Any property of grantee to be abandoned in place
shall be abandoned in such manner as the village engineer
of village sh 11 prescribe. On permanent abandonment of the
property in place, the property shall become that of the village,
and grantee shall submit to the Board an instrument in writing,
to be approved by the Board, transferring to village the
ownership of such property.
If all or any part of the facilities used by or in
grantee’s CATV system shall be the property of any other
person than that of grantee, nevertheless, such other person
shall be subject to all of the provisions of this section and
any notice required herein, if given to grantee, shall be
deemed notice to such other person.
11.120 OTHER BUSINESS ACTIVITIES
Neither a grantee or any officer or employee of grantee shall engage directly or indirectly in the retail business of selling or repairing or installing television receivers, radio receivers, or accessories for such receivers within the village during the term of any franchise granted pursuant to the terms of this Ordinance.
11.121 OPERATION AND MAINTENANCE
Grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Interruptions for system maintenance insofar as possible shall be proceeded by notice and shall occur during periods of minimum use of the system.
11.122 PROGRAM PRESENTATION
All programs of broadcasting stations carried by a grantee shell be distributed or transmitted to the subscriber in their entirety without delay from the time originally broadcast, and without additional announcements, advertisements,
or other deletions, additions, or changes to the programs, except nothing shall prohibit such changes or delays as may be required by law.
All programs of all broadcasting stations carried by grantee shall be transmitted or distributed by grantee without material degradation of picture quality or sound and without significant variation between the quality of the picture or sound transmitted or distributed by grantee to the subscribers between the programs of one broadcasting station and another, so far as the same may be within the control of grantee.
Whenever any broadcasting station carried by grantee shall transmit or broadcast any program or part thereof in color, it shall be the duty of grantee to distribute or transmit said program or said part in color to its subscribers.
A grantee shall furnish at least twelve different programs or stations as part of this basic cable.
11.123 COMPLIANCE WITH LAW
A grantee shall, at all time during the term of any franchise granted pursuant to the terms of this Ordinance, be subject to all lawful exercises of the police power of village and to such reasonable regulations as village shall prescribe for the general conduct of persons providing CATV service within the village.
11.124 CONFLICT OF LAWS
Whenever any law of the State of Illinois or the federal government or regulation of any agency of either
shall be in conflict with an supersede any provision of this Ordinance, when for so long as such federal or state law or regulation shall be in force and effect such Ordinance provisions shall stand suspended and be of no force and effect and grantee hereunder shall not be required to comply with such Ordinance provisions.
A grantee shall notify village of the existence and effective date of any such federal or state law or regulation as soon as it shall come to the knowledge of a grantee.
11.125 PREFERENTIAL OR DISCRIMINATORY PRACTICES
A grantee shall not, as to rates, charges, service, service facilities, rules, regulations or any other respect, make or grant any undue preference or advantage to any person, or subject any person to any undue prejudice or disadvantage, provided, however, connection charges may be waived or modified during promotional campaigns of grantee.
11.126 REMOVAL ON SUBSCRIBER’S REQUEST
On termination of service to any subscriber, a
grantee shall promptly remove all of its facilities and equip
ment from the premises of such subscriber if the subscriber shall so request. In any event, the facilities of a grantee shall be so constructed and designed that by the use of ordinary household tools and without special_skills or knowledge and without unreasonable risk of harm, the subscriber may be capable at any time of disconnecting the system of a grantee from the subscriber’s television set or receiver so that said set or receiver may be used independently of the system for service of grantee.
11.127 EMERGENCY USE
In the event of an emergency or disaster, a grantee shall, on request of village, make available its facilities to village for emergency use during the period of such emergency or disaster and shall provide such personnel as necessary to operate properly under the circumstances.
11.128 FILING OF COMMUNICATIONS
Copies of all petitions, application and communications submitted by a grantee to the Federal Communications Commission, Securities and Exchange Commission or any other federal’ or state regulatory commission or agency having jurisdiction in respect to any matter affecting CATV operations, so far as the same might effect the service or operations of grantee in the village, shall also be submitted simultaneously to the village by filing the same with the Village Clerk of the Village.
11.129 BOOKS AND RECORDS
A grantee shall file with the Village Clerk of Village true and accurate maps or plats of all existing and proposed installations on the streets of village.
A grantee shall file with the Village Clerk of Village a current list of its shareholders, officers, and directors, with their current addresses, which list shall be updated at least annually.
In addition, all books and records of a grantee concerning its operations within the village shall be made available for inspection and audit by the Board or such person as the Board shall have designated within 30 days after any request for inspection or audit’ shall be made.
11.130 SALE OR LEASE OF FRANCHISE
Any franchise granted pursuant to this Ordinance shall be deemed a privilege to be held in personal trust by grantee. It may not be sold, transferred, leased, assigned, or disposed of in whole Or in part either by forced or
voluntary sale, merger, consolidation or otherwise without the prior consent of the Board, expressed by resolution, and then only under such conditions as may therein be prescribed.
Grantee shall not have such property rights in any franchise granted pursuant to this Ordinance that the same may be effected, transferred or disposed of voluntarily or
involuntarily without the consent of the Board.
Any transfer or assignment or other distribution of any of–the rights under any franchise granted pursuant to this Ordinance shall be made only by an instrument in writing, a duly executed copy of which shall be filed in the office of the Village Clerk of Village at least 30 days after such transfer
or assignment shall have been executed or effected and shall
reflect therein the consent of the Board thereto.
A grantee, however, shall have the right, at anytime, to mortgage the whole of its sytem or any part thereof provided that any such mortgage shall be on the express condition that the rights of the mortgage holder shall be secondary to the rights of village under the terms of this franchise.
11.131 GRANTEE WITHOUT RECOURSE
A grantee shall have no recourse whatsoever against the village for any loss, cost or expense or damage arising out of any of the provisions or requirements of this Ordinance or because of the enforcement thereof by village, nor for the failure of village to have the authority to grant all or any part of said franchise.
A grantee expressly acknowledges that on accepting any franchise granted pursuant to this Ordinance it did so relying, on its own investigation and understanding of the power and authority of the village to grant such franchise.
By acceptance of any franchise granted pursuant to this Ordinance a grantee acknowledges that it has not been induced to enter into such franchise by any understanding or promise or other statement, whether verbal or written, by or on behalf of village or by any other third person concerning any term or condition of such franchise not expressed herein.
A grantee further acknowledges by the acceptance of any franchise granted pursuant to this Ordinance that it has carefully read the terms and conditions hereof, and is willing to and does accept all of the risks of the meaning of such terms and conditions and agrees that in the event of any ambiguity therein or in the event of any dispute over the meaning thereof the same shall be construed strictly against grantee and in favor of village.
11.132 RIGHTS RESERVED TO VILLAGE
Without limitation on the rights which village might otherwise have, village does hereby expressly reserve the rights, powers and authority to exercise its governmental powers now or hereafter to the full extent that such powers may be vested in or granted to village; to determine through its Board any question of fact relating to the meaning, terms,
obligation or other factors of any franchise granted pursuant to this Ordinance; and to grant additional franchises within the village to other persons for the conduct of CATV under the terms of this Ordinance.
11.133 AREA OF INSTALLATION
The grantee sha11 extend its distribution system to all areas adjacent to its existing plant within the corporate limits that have a minimum housing of sufficient density of 30 homes per lineal mile of new cable construction, plus the unincorporated areas commonly known as Patterson
Springs and Lakewood Estates.
11.134 INITIAL SYSTEM INSTALLATION
Within 60 days from the effective date of any franchise granted pursuant to this Ordinance, the grantee shall furnish CATV service to all potential subscribers within the village. This period of 60 days may be extended by the Board if the Board is satisfied that a grantee has diligently attempted to meet the requirements of this Ordinance but has been unable to do so for reasons beyond the control of the grantee.
11.135 GRANTEE’S RATES AND REGULATIONS
The rates for installation of equipment and regular subscriber services shall be nondiscriminatory and shall be set forth below:
Additional Sets-Basic Cable (each)
(Pay TV) each set if not installed at time of basic cable
Additional Sets (Pay TV)
(B) No increase in rates charged for installation of equipment and regular subscriber services as specified above shall be made effective except as authorized by the Board within ninety (90) days after public notice of the proposed increase is given by grantee to the Board and after a full, open and public proceeding upon prior notice and opportunity of all interested parties to be heard. Approval or disapproval by the Board or any rate increase proposed by a grantee may be expressed by simple resolution, and this Ordinance need not be amended for that purpose. Any denial of a rate increase, in whole or in part, shall be accompanied by a written ‘statement by the Board which shall set forth the reasons for denial.
- Prior approval of the Board need not be obtained for any increase in rates charged for installation of equipment and regular subscriber services resulting from the imposition of or an increase in taxes or license charges imposed upon cable
television services, operations, or income;provided that any such increase in rates is limited to an amount necessary to offset the aforesaid imposition of or increase in taxes or license charges. Any such increase shall become effective ten (10) days after notice of such increase is given to the Board together with a certification that the increase is due solely to the imposition of or increase in taxes or license charges.
- Rates for services other than installation of equipment and regular subscriber services shall be established and published by grantee pursuant to the rules of the Federal Communications Commission.
FCC RULES APPLICABLE
Any franchise granted pursuant to this Ordinance is governed by and subject to all applicable rules and regulations of the Federal Communications Commission, specifically including Part 76, and by the laws of the State of Illinois. Should there be any modifications of the provisions of Section 76.31 of the Rules and Regulations of the Federal Communications Commission which must be incorporated into this Ordinance, the village and grantee agree that such incorporation shall be accomplished within one (1) year after the effective date of the FCC’s adoption of the modification or upon renewal of any franchise granted pursuant to this Ordinance, whichever occurs first.
11.136 GRANTEE’S RULES AND REGULATIONS
A grantee shall at the time it commences construction and not later than 60 days thereafter file with the Village Clerk of Village its rules and regulations for the extension of service to subscribers. Such rules and regulations shall in all things be reasonable and without discriminatory effect between subscribers and shall be designed to secure prompt, efficient and desirable service to all subscribers and shall not conflict with the requirements of this Ordinance. No Board approval of these rules and regulations shall be required.
If a grantee shall thereafter modify or change said rules and regulations, it shall file with the Village Clerk of Village any such changes or modifications prior to their effective date.
Whenever under the terms of any franchise granted pursuant to this Ordinance either party shall be required or permitted to give notice to the other, such notice shall be in writing and if to be serviced on village, it shall be delivered either by first class United States mail or by
handing such notice to such officer at such address as a grantee shall from time to time direct.
11.138 GENERAL PROVISIONS
- Failure of Village to Enforce Franchise. A grantee shall not be excused from complying with any of the terms or conditions of any franchise granted pursuant to this Ordinance, by any failure of village on any one or more occasions to insist on or to seek compliance with any such terms or conditions.
- Time of the Essence. Whenever any franchise granted pursuant to this Ordinance shall set forth any time for any action to be performed by or on behalf of a grantee, said time shall be deemed of the essence and any failure of a grantee to perform within the time allotted shall always be sufficient grounds for the village to revoke said franchise.
(0) Contest of Validity. A grantee agrees by the acceptance of any franchise granted pursuant to this Ordinance that it will not at any time set up against the village in any claim or proceeding any condition or term of this Ordinance as unreasonable, arbitrary or void, or that the village had no power or authority to make such term or condition, but shall be required to accept the validity of the terms and conditions of this Ordinance in their entirety.
11.139 REPEAL OF CONFLICTING ORDINANCES
All ordinances or resolutions in conflict herewith shall be and they are hereby repealed to the extent of such conflict.
11.140 EFFECTIVE DATE
This Ordinance shall be in full force and effect upon its passage and approval.
(Passed this 18th day of January, A.D. 1982)
Chapter 11, Article 1 amended to read as follows:
Whereas, by Ordinance the Village Board of the
Village of Camargo did heretofore adopt an Ordinance establishing the conditions for awarding non-exclusive community antenna television system franchises within the Village of Camargo; and
Whereas, by Ordinance, the Village Board of the Village of Camargo did heretofore adopt an Ordinance awarding a nonexclusive franchise for the operation of a community antenna television system unto Villa Grove Cablevision Company, now merged into and with Illini Cablevision, Inc., which is the owner and holder of the franchise awarded by Ordinance; and
Whereas, sub-paragraph A of 11.135 of said Ordinance provides for the rates and regulations which a franchisee may impose for subscriber services; and
Whereas, Illini Cablevision Inc. has submitted unto the Board of Trustees of the Village of Camargo a revised rate schedule for subscriber services for basic television cable services and paid c_4ble television services within the Village of Camargo, which said rates the Village Board does hereby find to be reasonable; and
Whereas, public notice of the proposed rate increase has been given by the franchisee unto the Board of Trustees, and a full, open and public hearing has been held on said proposed rate increase upon prior notice and opportunity of all interested parties to be heard; and
Whereas, sub-paragraph A of 11.135 of said Ordinance should be amended, in part, to permit such in,:re,,se in the basic television cable rates and pay cable television rates charged by said franchise.
Now, therefore, be it ordained by the Village
Board of the Village of Camargo, Illinois, assembled in regular session this 4th day of September, A.D. 1984 as follows:
(A) Installation Monthly
Residential Subscribers Charges Charges:
That except as herein provided and heretofore amended, said Ordinance shall be, and shall remain, in full force and effect.
That this Ordinance shall be in full force and effect from and after its passage and approval, as required by law.
(Passed this 4th day of September, 1984)
Article 2. GRANTING CATV FRANCHISE
Whereas, the Village of Camargo, Douglas County, Illinois, did heretofore adopt an Ordinance, on January
18, 1982, for the awarding of 15-yeAr nonexclusive franchise for the construction, operation and maintenance of a community antenna television system within the Village of Camargo; and
Whereas, a public proceeding pursuant to public notice has been held before the Village Board of the Village of Camargo concerning an application by Villa Grove Cablevision Co., a corporation, for the granting of a franchise pursuant to the Ordinance hereinabove described for the construction and maintenance of a community cable television system in the Village of Camargo; and
Whereas, due notice of said public proceeding was given by the Village Clerk of the Village of Camargo, all of which more fully appears from the Notice and Affidavit of Posting on file in the records of the Village Clerk; and
Whereas, at said public proceeding all interested parties ‘hive been afforded an opportunity to participate in said proceeding and to comment upon the legal character, financial, technical and other qualifications of the applicant for such a franchise, and the adequacy and feasibility of the applicant’s arrangements for the construction of a cable television system pursuant to the terms of said Ordinance; and
Whereas, Villa Grove Cablevision Co., a corporation, has fulfilled all of the terms and conditions of the
Ordinance above described and has complied with the terms and conditions for the awarding of such a franchise unto it; and
Whereas, a 15-year nonexclusive franchise to construct and maintain a community antenna television system in the Village of Camargo should be awarded unto Villa Grove Cable-vision Co., a corporation, pursuant to and upon the terms and conditions contained in the Ordinance establishing the conditions for awarding such a franchise, being adopted January 18, 1982.
2.102 AWARDING OF FRANCHISE
Now, therefore, be it ordained by the Village Board of Trustees of the Village of Camargo, Illinois as follows:
(A) That a 15-year nonexclusive franchise be awarded unto Villa Grove Cablevision Co., a corporation, to construct, operate and maintain a community antenna television
system within the Village of Camargo, all upon and subject to the terms and conditions of an Ordinance establishing the conditions for awarding such a franchise heretofore adopted by the Board of Trustees of the Village of Camargo and approved by the President of said Village Board.
- That the said Villa Grove Cablevision Co., a corporation, shall accept the franchise awarded unto it hereby by signing and filing a written acceptance in the form of that attached hereto with the Clerk of the Village of
Camargo within 30 days from the date hereof.
- That in the event the said Villa Grove Cablevision Co., a corporation, shall fail to fulfill the terms of this Ordinance within the limitations herein set forth, then said franchise awarded hereby shall become null and void and of no force or effect.
- That this Ordinance shall become effective upon its passage and approv,:.1 according to law.
(Passed this 8th day of March, 1982) Ordinance 2.101 Amended to read:
Wnereas by Article 2. the Village Board of the Village of Camargo did heretofore adopt an Ordinance awarding a nonexclusive franchise for the operation of a community antenna television system to Villa Grove Cablevision Company; and
Whereas, Section 30 of Chapter 11, Article 1 provides that the company shall not sell or transfer its sytem without written approval of the Village Board; and
Whereas, the Village of Camargo would benefit from a merger between Casey Cablevision Co., Villa Grove Cablevision Co., Tuscola Cablevision Co. and Marshall Cablevision Co. which shall thereafter be known as Illini Cablevision, Inc.
No, therefore, be it ordained by the Village Board of the Village of Camargo, Illinois:
- That the Village Board hereby approves the proposed merger of Casey Cablevision Co., Villa Grove Cablevision Co., Tuscola Cablevision Co. and Marshall Cable-vision Co., which shall thereafter be known as Illini Cablevision, Inc.
- That upon the effective date of said proposed merger, all references to “Villa Grove Cablevision Company”
or “Grantee” shall refer to Illini Cablevision, Inc. .
(C) This Ordinance shall be in full force and effect from and after its passage and approval, as required by law.
(Passed this 5th day of July, 1983)
Article 3. CITIZENS GAS COMPANY
11.301 GRANTING FRANCHISE
Be it ordained by the Board of Trustees of the Village of Camargo, Illinois that there is hereby granted to Citizens Gas Company, its successors and assigns (hereinafter referred to as the “Grantee”), the franchise, privilege, right, permission, authority and power to open the present and/or future streets, avenues, alleys, lanes and public grounds within tne present and/or future city limits of the said Village of Camargo, Illinois, and to introduce, construct, lay, maintain, oper’ite, repair, replace, relay and remove gas mains, pipes and feeders, together with street boxes, valves, gauges, regulators, meters and houses and other connections and appliances, including such additions and extensions as may be necessary from time to time, along, over, under, in and upon said streets, avenues, alleys, lanes and public grounds necessary or convenient for the purpose of conveying, transporting, distributing and vending natural and/or manuf ctured gas for public and private uses during the term of fifty years from and after the effective date hereof, together with the franchise, privilege, right, permission, authority and power to construct, maintain and operate generally a gas distribution system and to manufacture and/or supply gas for all purposes to all inhabitants and customers in said Village during the said term of fifty (50) years aforesaid.
All excavations made by the Grantee for introducing, constructing, laying, maintaining, operating, repairing, replacing, relaying and removing all such gas mains, pipes, feeders and appliances, shall be made with the least practicable inconvenience to the public or individuals and with all reasonable dispatch and shall be properly protected from all danger; and all damage to streets, sidewalks and other property by such excavations shall be repaired by the Grantee at its own cost and without unnecessary delay, and if the Grantee shall fail or neglect to remove all obstructions caused by it, or shall fail to make the necessary repairs within a reasonable time, the said village may, after reasonable notice, remove or repair the same at the cost of said Grantee; and the Grantee shall be responsible for all injuries or damages to persons or property occasioned by negligence in opening or keeping, closing or repairing or in any other manner unnecessarily or carelessly obstructing said streets, avenues, alleys, lanes, or public grounds for the purposes aforesaid or by negligence in constructing, maintaining or operating the Grantee’s gas distribution system or any part thereof in said Village, and further covenants and agrees to save the Village of Camargo
harmless from damages or liability by reason of the same. 11.303 RATES
That all rates established and charges made by the Grantee for gas distribution and sold hereunder shall be subject to the valid and lawful orders of the Illinois Commerce Commission or other competent authority of the State of Illinois having jurisdiction in the premises and the sale of gas to customers shall be governed by the present operating rules, regulations and customs of the Grantee and such rules and regulations as may hereafter be prescribed by the Grantee.
Said Grantee shall have the power to make all reasonable as well as needful rules and regulations for the collection of its revenues and for the prevention of waste of any of its properties as well as a like power in the conduct and management
of its business as it from time to time shall deem necessary and it may require any or all consumers to subscribe thereto.
11.305 TERMINATION OF FRANCHISE
Should the Grantee fail or neglect to exercise the franchise, rights, and privileges herein granted by actually being ready to furnish gas to consumers generally in the Village of Camargo, Illinois, within thirty-six (36) months from the effective date hereof, or thereafter cease to furnish natural and/or manufactured gas to the said village or its inhabitants, this grant and franchise and all rights and privileges hereunder shall thereupon terminate and be wholly at an end, save only the right and privilege of removing within a reasonable time any and all mains, pipes, and other appliances that may have been placed, constructed, or laid under authority hereof; but the Grantee shall leave the streets, avenues, alleys, lanes and public grounds in as good condition as they were before the beginning of the removal by the Grantee of said mains, pipes and other appliances.
11.306 RIGHT TO REMOVE EQUIPMENT
The Grantee shall have the right to remove all its mains, pipes, feeders, connections,appliances and other
property from said streets, avenues, alleys, lanes and public grounds within a reasonable time after the expiration or other termination of this franchise
11.307 TRANSFER OF FRANCHISE
The franchise, rights, privileges and powers hereinabove mentioned and granted, together with all the terms and conditions thereof, shall extend and apply to the successors and assigns of the Grantee and the unlimited and unrestricted power and
authority to assign and transfer the same at will and without further consent thereto on the part of the Board of Trustees, any official of the Board, or its inhabitants, is hereby expressly given and granted to the Grantee, its successors and assigns.
11.308 EFFECTIVE DATE
This ordinance shall not be in any way binding on either party until and unless, within twenty days after its passage or adoption by the Board of Trustees of Camargo, Illinois, the Grantee shall file with the Clerk of the said Board of Trustees of Camargo, its acceptance in writing of this ordinance and all its provisions. The date of the filing of such acceptance shall be the effective date hereof.
11.309 SUPPLYING GAS
This franchise is granted with the full knowledge on
the part of the said Village of Camargo that the natural gas
to be furnished by the Grantee under the terms of this
franchise is not secured from wells owned by the Grantee,
but it is to be furnished the Grantee by other parties
through pipe lines and that, therefore, the supply of gas
available for distribution in this Village may be interrupted
or entirely discontinued from causes beyond the control and
without fault of the Grantee. In the event of such interruption
or discontinuation from causes beyond the control and without
fault of tne Grantee there shall be no liability against
the Grantee therefor, the requirements of this franchise
being that during the term of this franchise the Grantee,
so long as it has a supply of gas available, shall furnish
such gas to said Village and inhabitants thereof in
accordance with the terms and conditions of this franchise.
CHAPTER 12. THE CODE
Article 1. INTERPRETATION
All ordinances of a permanent and general nature of the municipality as revised, codified, rearranged, renumbered, and consolidated into component codes, titles, chapters, and sections shall be known and designated as the “Municipal Code of the Village of Camargo of 1984”, for which
designation “codified ordinances” or “code” may be substituted. Code, title, chapter, and section headings do not constitute any part of the law as contained in the code.
In the interpretation and construction of this Code, the following definitions and rules of construction snail be observed, unless they are inconsistent with the manifest intent of the Corporate Authorities or the context clearly requires otherwise:
- Village: The word “village” means the Village of Camargo, Douglas County, Illinois.
- Corporate Authorities: The words “corporate authorities” mean the President of the Board and the Village Board acting in session.
- Board: The Board of Trustees of the Village.
- County: The word “county” means Douglas County, Illinois.
- Corporate or Village Limits: The legal boundaries of the Village of Camargo.
- Court: Any court of competent jurisdiction and any court of record.
- Executive Officer: Words used for an executive or ministerial officer may include any deputy or other person performing the duties of such officer, either generally or in special cases.
- Highway or Street: May include any road laid out by authority of the United States, or of this State, or of any town or county of this state, and all bridges thereupon and shall be construed to embrace streets, avenues,
boulevards, roads, alleys, lanes, viaducts, and all other public highways in the Village, and shall include all areasthereof embraced between the property lines and dedicated to the public use and all other public right-of-way streets, roads, or highways over which the village has jurisdiction.
- Law: Ordinances, resolutions, statutes, and acts of every kind by a duly authorized governmental entity.
- May: Indicates that the act referred to is permissive.
- Month: A calendar month.
- Oath: Includes affirmation and “Sworn” includes affirm.
- Occupant: Any person having a possessory or occupancy interest in property or a right to such a possessory or occupancy interest, including a tenant.
- Owner: When applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or part of such building or land.
(0) Persons: May extend and be applied to associations, clubs, societies, firms, partnerships, and bodies politic and corporate as well as individuals.
- Personal Property: Includes all property except real.
- Premises: As applied to property, includes land and buildings.
- Property: Includes, real, personal, mixed estates and interest.
- Shall: Indicates that the act referred to is mandatory.
- Week: Seven consecutive days.
- Whoever: Includes all persons, natural and artificial; partners; principals, agents and employees; and all officials, public or private.
(v) Wholesale or Wholesaler: In all cases, where
the words “wholesale”, “wholesaler”, or “wholesale dealer”
are used, unless otherwise specifically defined they shall
be held to relate to the sale of goods, merchandise, articles
or things in quantity to persons who purchase for purposes
of resale, as distinguished from a retail dealer who sells
in smaller quantities directly to the consumer.
- Written or In Writing: May include printing and any other mode of representing words and letters or figures; but when the written signature of any person is required by law to any official or public writing or bond, it shall be in the proper handwriting of such person, or in case he is unable to write, his proper mark.
- Year: Twelve consecutive months. 12.103 APPLICATION
All provisions of this Code are limited in application to the territorial boundaries of the municipal corporation, except where this Code expressly otherwise provides or where the laws of the State of Illinois provide for extraterritorial application.
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.
12.105 RULES OF CONSTRUCTION
(A) All general provisions, terms, phrases, and expressions shall be liberally construed in order to carry out the true legislative intent and meaning.
(B) Words and phrases shall be read in context and construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.
(C) As used in the Code, unless the context otherwise requires:
- The singular includes the plural, and the plural includes the singular.
- The words of one gender include the other gender.
- Words in the present tense include the future.
(D) Computation of time.
(1) 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, Sunday, or 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 the Saturday, Sunday, or holiday is also a holiday or a Saturday or Sunday, then the succeeding day shall also be excluded.
(2) In all cases where the law shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall mean such time only as may be necessary for the prompt performance of such duty or compliance with such notice.
- Authority. When the law requires an act to be done which may be law as well be done by an agent as by the principal, such requirement shall be construed to include all such acts when done by an authorized agent. Unless expressly otherwise provided, the designation of a particular officer or employee of the Village to perform an act includes the authority for the performance of such act by a duly authorized agent, deputy, or employee.
- Exceptions. The rules of construction shall not apply to any law which shall contain any express provision excluding such construction, or when the subject matter or context of such law may be repugnant thereto.
12.106 CONSTRUCTION OF REVISED ORDINANCES
The provisions of any ordinance, so far as consistent with any prior ordinance, shall be construed as a continuation of the prior provisions and not as a new enactment.
12.1C7 REPEAL OF REPEALING ACT: RIGHTS SAVED
- No act or part of an act expressly repealed shall be deemed to be revived by the repeal of the repealing act.
- Whether the former law is expressly repealed or not, no new law shall be construed to repeal a former law as to any offense committed against the former law, any act done or penalty forfeiture, or punishment incurred, any right accrued, or claim arising under the former law,
except that the proceedings shall, as far as practicable, conform to the law in force at the time of the proceedings.
- If any penalty, forfeiture, or punishment is mitigated by any provision of a new law, the provision may, by the consent of the party affected, be applied to any judgment pronounced after the new law takes effect. This provision extends to all repeals, either by express words or by implication, whether the repeal is in the act making any new provision on the same subject or in any other act.
If any provision of a section of these codified ordinances or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable.
12.109 CONSTRUCTION OF SECTION REFERENCES
- Wherever in a penalty section reference is made to a violation of a section or an inclusive group of sections, such reference shall be construed to mean a violation of any provision of the section or sections included in such reference.
- Whenever in once section reference is made to another section hereof, such reference shall extend and apply to the section referred to and as it may subsequently amended, revised, recodified, or renumbered, unless the subject matter be changed or materially altered by the amendment or revision.
12.110 CONFLICTING PROVISIONS
If the provisions of different codes, chapters, or sections of the codified ordinances conflict with or contravene each other, the provisions bearing the latest passage date shall prevail. If the conflicting provisions bear the same passage date, the conflict shall be construed so as to be consistent with the meaning or legal effect of the questions of the subject matter taken as a whole.
12.111 REFERENCE TO OFFICE
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of the Village 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.
12.112 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 to which no meaning can be attached, or 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.
12.1 13 ORDINANCES REPEALED
This Code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this Code shall be deemed repealed from and after the effective date of this Code of Ordinances.
12.114 RECORDING OF ORDINANCES
The Village Clerk shall record, in a book used exclusively for that purpose, all ordinances passed by the Corporate Authorities. Immediately following each ordinance the Village Clerk shall make a memorandum of the date of the passage and of the publication or posting, where required, of the ordinance.
12.115 RECORDATION AS PRIMA FACIE EVIDENCE
The record and memorandum required by Section 12.113, or a certified copy thereof, shall be prima facie evidence of the contents, passage, and of the publication or posting of ordinances.
12.116 PROOF OF ORDINANCES
The contents of all Village Ordinances, the date of passage, and the date of publication or posting, where required, may be proved by the certificate of the Village Clerk, under the seal of the corporation.
Whenever Village Ordinances are printed in book or pamphlet form, and purported to be published by authority of the corporate authorities, such book or pamphlet shill be prima facie evidence of the contents, passage, and legal publication of such ordinances, as of the dates mentioned in such book or pamphlet, in all court and administrative tribunals.
12.117 AMENDMENTS TO CODE: AMENDATORY LANGUAGE
(A) Any chapter, section, or division amended or added to this code by ordinances passed subsequent to this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion herein. Any chapter, section, or division repealed by subsequent ordinances may be excluded from this Code by omission from reprinted pages. Subsequent ordinances as printed or omitted shall be
prima facie evidence of such subsequent ordinances until the
legislative body of the Village shall adopt a new Code of Ordinances.
(B) The following language should be used by the Village to amend, add, or repeal a chapter, section, or division:
(1) Section amended:
“Section of the Village of Camargo
Code of Ordinances is amended to read as follows:
- Section added:
“Section which reads as follows,
is added to and amends the Village of
Camargo Code of Ordinances:
- Section repealed:
“Section of the Village of Camargo
Code of Ordinances, which reads as
follows, is repealed:
12.118 CORPORATE SEAL
There shall be a seal of the Village which shall be called the Corporate Seal, and shall be kept by the Village Clerk, and used by him officially as directed by law. This seal shall have engraved upon it the words, “CORPORATE SEAL of the Village of Camargo”.
12.119 FISCAL YEAR
The fiscal year of the Village shall begin on the first day of May each year.
Article 2. ENFORCEMENT PROCEDURES
12.201 OFFENSES GENERALLY
It is unlawful for any person to do any act forbidden or to fail to perform any act required of this Code. This Code does not affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil action, for any conduct which this Code makes punishable: the civil injury is not merged with the offense.
A person is subject to prosecution under this Code for any offense he commits within the Village, or on property owned or controlled by the Village outside the corporate limits.
A person commits an attempt when, with requisite intent, he does any act which constitutes a substantial step toward the commission of that offense. It is not a defense to a charge that because of a misapprehension of the circumstances it would have been impossible for that person to commit the offense attempted.
12.204 PARTIES LIABLE FOR VIOLATIONS
Every person who commits, attempts to commit, conspires to commit, or aids, or abets in the commission of any act declared to be a crime, whether individually or in connection with one or more other persons or as principal, agent or accessory, shall be guilty of such offense, and
every person who falsely, fraudulently, forcibly, or wilfully induces, causes, coerces, requires, permits, or directs
another to violate any provision of this title is likewise guilty of such offense.
12.205 PRESUMPTION OF LIABILITY
The occupant of any premises, and the owner of unoccupied premises, upon which a violation of this Code is apparent, the owner of any object or material placed or remaining anywhere in violation of an ordinance, and the occupant and owner of any premises served by any excavation connection or structure illegally made or erected, shall be deemed prima facie responsible for the violation so
evidenced and subject to the penalty provided therefor.
12.206 GENERAL PENALTY
- Where an act or omission is prohibited or declared unlawful in this Code of Ordinances, and no penalty is otherwise provided, the offender is guilty of an offense which shall be punished by a fine of not more than $500. Each day any violation of any provisions of this Code or of any ordinance shall continue shall constitute a separate offense.
- No provision of this Code designating the duties of any officer or employee shall be construed as to make such officer or employee liable for any fine or penalty provided in this Code for a failure to perform such duty, unless the intention of the Board to impose such a fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.
12.207 DOUBLE JEOPARDY
In all cases where the same offense is made punishable or is created by difference clauses or sections of this Code the prosecuting officer may elect under which to proceed: but not more than one recovery shall be had against the same person for the same offense. Provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
12.301 REPEAL OF GENERAL ORDINANCES
All general ordinances of the Village passed prior to the passage of this Code are hereby repealed, except such as are referred to herein as being stile in force or are by necessary implication herein reserved from repeal from which are excluded the following ordinances which are not hereby repealed: tax levy ordinances; appropriation ordinances; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; ordinances establishing, naming, or vacating streets, alleys, or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real
estate by or from the Village; and all other special ordinances.
12.302 PUBLIC UTILITY ORDINANCES
No ordinance relating to railroad or railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the passage of this Code or by virtue of the preceding section, excepting as this Code may contain
provisions for such matters, in which case this Code shall be considered as amending such ordinance or ordinances in respect to such provisions only.