[HISTORY: Adopted by the Board of Trustees of the Village
of Westville as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-21-2019 by Ord. No. 19-1479]
The codified ordinances of the Village of Westville. as codified by General Code, LLC, and consisting of the Chapters 1 through 360. together with an Appendix. shall be known collectively as the "Code of the Village of Westville," hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Code of the Village of Westville to any other ordinance appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number where such legislation appears in the Code, as if such ordinance or resolution had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of the 2015 Revised Code or Ordinances and ordinances and resolutions in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such 2015 Code, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior Code, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Trustees of the Village of Westville, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of the 2015 Code and former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
A.
All
ordinances of a general and permanent nature of the Village of Westville
in force on the date of the adoption of this ordinance, inconsistent
with the provisions contained therein, and not contained in such Code
or recognized and continued in force by reference therein are hereby
repealed from and after the effective date of this ordinance.
B.
No ordinance relating to railroads 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with streets and other public ways or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this Code or by virtue of Subsection A above, except as this Code shall be considered as amending such ordinance or ordinances in respect to such provisions only.
The repeal of ordinances provided for in § 1-3 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any
right or liability established, accrued or incurred under any legislative
provision of the Village of Westville prior to the effective date
of this ordinance or any action or proceeding brought for the enforcement
of such right or liability.
B.
Any
offense or act committed or done before the effective date of this
ordinance in violation of any legislative provision of the Village
of Westville or any penalty, punishment or forfeiture which may result
therefrom.
C.
Any
prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this ordinance
brought pursuant to any legislative provision of the Village of Westville.
D.
Any
agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the Village of Westville.
E.
Any
ordinance of the Village of Westville providing for the laying out,
opening, altering, widening, relocating, straightening, establishing
grade, changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place within
the Village of Westville or any portion thereof, or relating to boundaries
or annexations.
F.
Any
ordinance of the Village of Westville appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing
the issuance and delivery of any bond of the Village of Westville
or other instruments or evidence of the Village's indebtedness.
G.
Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract, agreement or obligation.
H.
The
levy or imposition of taxes, special assessments or charges.
I.
The
annexation or dedication of property.
J.
Any
ordinance relating to salaries and compensation.
K.
Any
ordinance amending the Zoning Map or providing for variances or special
permits in accordance with the Village Zoning Code.
L.
Any
ordinance relating to or establishing a pension plan or pension fund
for Village employees.
M.
Any
ordinance or portion of an ordinance establishing a specific fee amount
for any license, permit or service obtained from the Village.
N.
Any
ordinance granting special rights to persons or corporations.
O.
Any
ordinance relating to elections.
P.
All
special ordinances.
Q.
Any
ordinance adopted subsequent to October 2018.
If any clause. sentence, paragraph, section, article, chapter
or part of this ordinance or of any ordinance or resolution included
in this Code now or through supplementation shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the clause, sentence, paragraph, section,
article, chapter or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
A copy of the Code, in loose-leaf form, has been filed in the
office of the Clerk of the Village of Westville and shall remain there
for use and examination by the public until final action is taken
on this ordinance; and, if this ordinance shall be adopted, such copy
shall be certified to by the Clerk of the Village of Westville by
impressing thereon the Seal of the Village of Westville, and such
certified copy shall remain on file in the office of said Clerk to
be made available to persons desiring to examine the same during all
times while said Code is in effect. The enactment and publication
of this ordinance, coupled with the availability of a copy of the
Code for inspection by the public, shall be deemed, held and considered
to be due and legal publication of all provisions of the Code for
all purposes.
Any and all additions, deletions, amendments or supplements
to any of the ordinances and resolutions known collectively as the
"Code of the Village of Westville" or any new ordinances or resolutions,
when enacted or adopted in such form as to indicate the intention
of the Board of Trustees to be a part thereof, shall be deemed to
be incorporated into such Code so that reference to the Code shall
be understood and intended to include such additions, deletions, amendments
or supplements. Whenever such additions, deletions, amendments or
supplements to the Code shall be enacted or adopted, they shall thereafter
be published as amendments and supplements thereto. Nothing contained
in this ordinance shall affect the status of any ordinance or resolution
contained herein, and such ordinances or resolutions may be amended,
deleted or changed from time to time as the Board of Trustees deems
desirable.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Village Clerk, or an authorized agent of the Clerk,
upon the payment of a fee to be set from time to time by the Board
of Trustees by resolution. The Clerk may also arrange for procedures
for the periodic supplementation of the Code.
Any person who, without authorization from the Village Clerk,
changes or amends, by additions or deletions, any part or portion
of the Code of the Village of Westville or who alters or tampers with
such Code in any manner whatsoever which will cause the legislation
of the Village of Westville to be misrepresented thereby or who violates
any other provision of this ordinance shall be guilty of an offense
and shall, upon conviction thereof, be fined not more than $750 for
each offense. The court may, in addition to assessing a fine, impose
a requirement that the defendant perform some reasonable public service
work such as, but not limited to, the picking up of litter in public
parks or along public streets or highways or the maintenance of public
facilities.
A.
In compiling and preparing the ordinances and resolutions for publication
as the Code of the Village of Westville, no changes in the meaning
or intent of such ordinances and resolutions have been made. In addition,
certain grammatical changes, administrative changes, and other minor
nonsubstantive changes were made in one or more of said pieces of
legislation. It is the intention of the Board of Trustees that all
such changes be adopted as part of the Code as if the ordinances and
resolutions had been previously formally amended to read as such.
B.
In addition, the amendments and/or additions as set forth in Schedule
A attached hereto and made a part hereof are made herewith, to become
effective upon the effective date of this local law. (Chapter and
section number references are to the local laws, ordinances and resolutions
as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: Schedule A is on file in the Village offices.
This ordinance shall be in full force and effect 10 days following
publication as provided by law.
[Adopted as Ch. 1, Art. I, Div. III, of the 2015 Code]
A.
Whenever any word in any section of this Code importing the plural
number is used in describing or referring to any matters, parties
or persons, any single matter, party or person shall be deemed to
be included, although distributive words may not have been used.
B.
When any subject matter, party or person is referred to in this Code
by words importing the singular number only, or the masculine gender,
several matters, parties or persons and females as well as males and
bodies corporate shall be deemed to be included; provided that these
rules of construction shall not be applied to any section of this
Code which contains any express provision excluding such construction
or where the subject matter or content may be repugnant thereto.
Whenever the following words or terms are used in this Code,
they shall have the meanings herein ascribed to them unless the context
makes such meaning repugnant thereto:
A person acting on behalf of another.
The Mayor and the Board of Trustees of the Village of Westville.
The Revised Code of Ordinances of the Village of Westville.
The Mayor and the Village Board of Trustees. [See 65 ILCS
Sec. 5/1-1-2(2).]
The County of Vermilion.
Whenever reference is made in this Code to a Village employee
by title only, this shall be construed as though followed by the words
"of the Village."
A sum of money charged by the Village for carrying on of
a business, profession or occupation.
The fiscal year for the Village shall begin on May 1 of each
year and end on April 30 of the following year. [See 65 ILCS Sec.
5/1-1-2(5).]
Imports only a knowledge that the facts exist which bring
the act or omission within the provisions of this Code. It does not
require any knowledge of the unlawfulness of such act or omission.
The holidays as authorized and recognized by the Village
Board in the employee agreement.
The permission granted for the carrying on of a business,
profession or occupation.
As used in this Code means permissible.
The Village President or President of the Village Board of
Trustees. (See 65 ILCS 5/1-1-2.1.)
Any offense deemed a violation of the provisions of this
Code which is a lesser offense than a felony as defined by state law.
Import a want of such attention to the nature of probable
consequences of the act or omission as a prudent man ordinarily bestows
in acting in his own concern.
Anything offensive or obnoxious to the health and welfare
of the inhabitants of the Village or any act or thing repugnant to
or creating a hazard to or having a detrimental effect on the property
of another person or to the community.
As applied to a building or land shall include any person
who occupies the whole or any part of such building or land, whether
alone or with others.
Any act forbidden by any provision of this Code or the omission
of any act required by the provisions of this Code.
Whenever reference is made in this Code to a Village officer
or employee by title only, this shall be construed as though followed
by the words "of the Village" and shall be taken to mean the officer
or employee of this Village having the title mentioned or performing
the duties indicated.
No provision of this Code designating the duties of any officer
or employee shall be so 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 Village Board to
impose such a fine or penalty on such officer or employee is specifically
and clearly expressed in the section creating the duty.
Central Standard Time shall be the official time for the
transaction of Village business, except during applicable Daylight
Savings Time set by national or state standards when the official
time shall be advanced one hour. All clocks and other timepieces in
or upon public buildings or other premises maintained by or at the
expense of the Village shall be set and run at the official time prescribed
by this definition.
The person who is in charge of any operation, business or
profession.
As applied to a building or land shall include any part-owner,
joint-owner, tenant-in-common, joint-tenant or lessee of the whole
or of a part of such building or land.
Any natural individual, firm, trust, partnership, association,
or corporation in his or its own capacity as administrator, conservator,
executor, trustee, receiver or other representative appointed by the
court. Whenever the word "person" is used in any section of this Code
prescribing a penalty or fine as applied to partnerships or any such
word as applied to corporations, it shall include the officers, agents,
or employees thereof who are responsible for any violation of said
section.
Unless otherwise specifically defined, shall be understood
to relate to the sale of goods, merchandise, articles or things in
small quantities direct to the consumer.
As used in this Code means mandatory.
The State of Illinois.
Include alleys, lanes, courts, boulevards, public squares,
public places and sidewalks.
As applied to a building or land shall include any person
who occupies the whole or any part of such building or land, whether
alone or with others.
When applied to the intent with which an act is done or omitted
implies simply a purpose or willingness to commit the act or make
the omission referred to. It does not require any intent to violate
law, or to injure another, or to acquire an advantage.
May include printing and any other mode of representing words
and letters, but when the written signature of any person is required
by law to any official or public writing or bond required by law,
it shall be in the proper handwriting of such person, or in case he
is unable to write, by his proper mark.
The catchlines of the several sections of this Code are intended
as mere catchwords to indicate the content of the section and shall
not be deemed or taken to be titles of such sections, nor as any part
of the section, nor, unless expressly so provided, shall they be so
deemed when any of such sections, including the catchlines, are amended
or reenacted.
