[Adopted 12-15-1998 by Ord. No. 98-11-238 (Ch. 1, Art. I, §§ 1-2
through 1-9, of the 1977 Code)]
In the construction of this Code, and of all ordinances and
resolutions, the rules and definitions set out in this article shall
be observed, unless such construction would be inconsistent with the
manifest intent of the County Board. The rules of construction and
definitions as set out herein shall not be applied to any section
of this Code which shall contain any express provision excluding such
construction, or where the subject matter in the context of such section
may be repugnant thereto.
A.
All
general provisions, terms, phrases and expressions contained in this
Code shall be liberally construed in the order that the true intent
and meaning of the County Board may be fully carried out.
B.
In
the interpretation and application of any provisions of this Code,
they shall be held to be the minimum requirements adopted for the
promotion of the public health, safety, comfort, convenience and general
welfare. Where any provision of the Code imposes greater restrictions
upon the subject matter than the general provision imposed by the
Code, the provision imposing the greater restriction or regulation
shall be deemed to be controlling.
A.
CODE
COUNTY
COUNTY BOARD or BOARD
COURT or CIRCUIT COURT
ELECTORS
GENDER
MONTH
OATH
ORDINANCES
OWNER
PERSON
PERSONAL PROPERTY
PRECEDING; FOLLOWING
PROPERTY
REAL PROPERTY
RESOLUTION
SHALL
SIGNATURE or SUBSCRIPTION
STATE
TENANT or OCCUPANT
WATER DEPARTMENT
WHOLESALE, WHOLESALER, ETC.
WRITTEN or IN WRITING
YEAR
Terms defined.
As used in this Code, the following terms shall have the meanings
indicated:
The words "Code" or "this Code" shall mean the Stephenson
County Code.
The words "the County" or "this County" shall mean the County
of Stephenson in the State of Illinois.
The County Board of Stephenson County, Illinois.
The Circuit Court of the 15th Judicial Circuit.
Persons qualified to vote for elective officers at County
elections.
A word importing the masculine gender only shall be extended
to be applied to females and to firms, partnerships and corporations
as well as to males.
The word "month" shall mean a calendar month.
Shall be construed to include an affirmation in all cases
in which, by law, an affirmation may be substituted for an oath, and
in such cases the words "swear" and "sworn" shall be equivalent to
the words "affirm" and "affirmed."
Ordinances of Stephenson County and all amendments thereto.
As applied to a building or land shall include any part owner,
joint owner, tenant in common, tenant in partnership, joint tenant,
or tenant by the entirety, of the whole or of a part of such building
or land.
Shall extend and be applied to associations, clubs, societies,
firms, partnerships and bodies politic and corporate as well as to
individuals.
Includes every species of property except real property,
as herein described.
Next before and next after, respectively.
Includes real and personal property.
Includes lands, tenements and hereditaments.
All resolutions of Stephenson County and all amendments thereto.
The word "shall" is mandatory.
Includes a mark when the person cannot write.
The words "the state" or "this state" shall be construed
to mean the State of Illinois.
As applied to a building or land shall include any person
holding a written or oral lease or who occupies the whole or part
of such buildings or lands, either alone or with others.
Refers to the city water system.
In all cases where the words "wholesale," "wholesaler," or
"wholesale dealer" are used in this Code, unless otherwise specifically
defined, they shall be understood and 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.
Construed to include any representation of words, letters
or figures, whether by printing or otherwise.
A calendar year.
B.
Interpretation.
(1)
Computation
of time. Whenever a notice is required to be given or an act to be
done a certain length of time before any proceeding shall be had,
the day on which such notice is given, or such act is done, shall
be counted in computing the time, but the day on which such proceeding
is to be held shall not be counted.
(2)
Delegation
of authority. Whenever a provision appears requiring the head of a
department or some other County officer to do some act or perform
some duty, it is to be construed to authorize the head of the department
or other officer to designate, delegate and authorize subordinates
to perform the required act or perform the duty unless the terms of
the provisions or section specify otherwise.
(3)
Joint
authority. All words giving a joint authority to three or more persons
or officers shall be construed as giving such authority to a majority
of such persons or officers.
(4)
Nontechnical
and technical terms. Words and phrases shall be construed according
to the common and approved usage of the language, but technical words
and phrases and such others as may have acquired a peculiar and appropriate
meaning in law shall be construed and understood according to such
meaning.
(5)
Number.
A word importing the singular number only may extend and be applied
to several persons and things as well as one person or thing.
(6)
Officers
and employees generally. Whenever any officer or employee is referred
to by such title, such as "County Clerk," "County Treasurer," or "Sheriff,"
such reference shall be construed as if followed by the words "of
Stephenson County."
(7)
Tense.
Words used in the past or present tense include the future as well
as the past and present.
Unless otherwise provided, this Code shall apply to all acts
performed within the unincorporated area of the County.
The catchlines of several sections of this Code printed in boldface
type are intended as mere catchwords to indicate the contents of the
section and shall not be deemed or taken to be the title of such sections,
nor as any part of the section, nor, unless expressly so provided,
shall they be so deemed when any of such sections, including the catchlines,
are amended or reenacted.
All ordinances, resolutions or motions passed subsequent to
this Code which amend, repeal or in any way affect this Code may be
numbered in accordance with the numbering system of this Code and
printed for inclusion herein, or in the case of repealed chapters,
sections and subsections or any part thereof, by subsequent ordinances,
such repealed portions may be excluded from this Code by omission
from reprinted pages affected thereby and such subsequent provisions
as numbered and printed or omitted, in the case of repeal, shall be
prima facie evidence of them until such time as this Code and subsequent
provisions numbered or omitted are readopted as a new code by the
County Board.
A.
When
any ordinance, resolution or motion repealing a former ordinance,
resolution, motion, clause or provisions shall be itself repealed,
such repeal shall not be construed to revive such former ordinance,
resolution, motion, clause or provisions unless it shall be therein
so expressly provided.
B.
The
repeal of an ordinance, resolution or motion shall not affect any
punishment or penalty incurred before the repeal took affect, nor
any suit, prosecution or proceeding pending at the time of the repeal,
for an offense committed or cause of action arising under the ordinance,
resolution or motion repealed.
The sections, paragraphs, sentences, clauses and phrases of
this Code are severable, and if any phrase, clause, sentence, paragraph
or section of this Code shall be declared unconstitutional, invalid
or unenforceable by the valid judgment or decree of a court of competent
jurisdiction, such unconstitutionality, invalidity or unenforceability
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this Code.
It shall be unlawful for any person in the County to change
or amend, by additions or deletions, any part or portions of this
Code, or to insert or delete pages, or portions thereof, or to alter
or tamper with such Code in any manner whatsoever which will cause
the law of the County to be misrepresented thereby.
[Amended 2-13-2013 by Ord. No. 13-02-1959]
The Code is hereby authorized to be printed and published in
book and in electronic form by authority of the County Board.
