§ 1-1. How Code Designated And Cited
§ 1-2. Definitions And Rules Of Construction
§ 1-3. Catchlines Of Sections
§ 1-4. Severability Of Parts Of Code
§ 1-5. Provisions Construed As Continuations Of Existing Ordinances
§ 1-6. Ordinances, Recordation; Indexing
§ 1-7. Ordinances, Publication; Time Of Taking Effect
§ 1-8. Ordinances, Filing And Preservation Of Original Ordinances
§ 1-9. Ordinances, Preservation Of Rights And Liabilities Under Repealed Ordinances
§ 1-10. Ordinances, Effect Of Repeal Of Repealing Ordinance
§ 1-11. Official Time
§ 1-12. Fiscal Year
§ 1-13. Village Seal, Description
§ 1-14. Village Seal, Custody And Use
§ 1-15. Village Flag, Description
§ 1-16. Official Slogan, Description
§ 1-17. Datum Established
§ 1-18. Time Of Elections
The ordinances embraced in this and the following chapters and sections shall constitute and be designated "the code of the village of Elmwood Park, Illinois, 1961," and may be so cited. Such ordinances may also be cited as the "Elmwood Park village code, 1961". (1961 Code.)
In the interpretation and construction of this code, the following definitions and rules of construction shall be observed, unless they are inconsistent with the manifest intent of the president and board of trustees or the context clearly requires otherwise:
Action: Shall include suits, prosecutions and all judicial proceedings.
Board: The president and board of trustees of the village of Elmwood Park, Illinois.
Computation Of Time: The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Sunday or a legal holiday, and then it shall also be excluded. If the day succeeding such Sunday or holiday is also a holiday or a Sunday, then such succeeding day shall also be excluded.
County: Cook County in the state of Illinois.
Gender: Words importing the masculine gender shall include the feminine and neuter.
In The Village: The words "in the village" or "within the village" mean and include all territory over which the village now has or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.
Joint Authority: Words purporting to give a joint authority to three (3) or more public officers or other persons shall be construed as giving such authority to a majority of such officers or persons.
Month: A calendar month.
Number: Words importing the singular number may extend and be applied to several persons or things and words importing the plural may include the singular.
Oath: Shall be deemed to include an affirmation and the word "sworn" shall be construed to include the word "affirmed".
Occupant Or Tenant: Applied to a building or land, mean any person who holds a written or an oral lease of or actually occupies the whole or a part of such building or land, either alone or with others.
Officer: Whenever the title of any village officer is used, it shall be construed as if the words "of the village of Elmwood Park" followed it.
Or, And: "Or" may be read "and" and "and" may be read "or", if the sense requires it.
Owner. The word "owner" applied to a building or land shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant of the whole or a part or the holder of any beneficial interest of such building or land.
Person. 1 The word "person" means any individual, partnership, corporation, joint stock association or any city or state or any subdivision thereof; and includes any trustee, receiver, assignee or personal representative thereof.
Personal property includes every species of property, except real property as defined by this section.
Preceding, following. The words "preceding" and "following" mean next before and next after, respectively.
President. The term "president" shall mean the president of the Village of Elmwood Park.
Property. 2 The word "property" shall include real and personal property.
Real property 3 shall include lands, tenements and hereditaments and shall embrace all chattels real.
Sidewalk. 4 The word "sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians.
State. The words "state" or "the state" mean the State of Illinois.
Street. 5 The word "street" means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right for purposes of vehicular traffic.
Tense. 6 Words in the present tense include the future.
Village. The words "village" or "the village" mean the Village of Elmwood Park in Cook County, State of Illinois, except as otherwise provided.
Written, in writing. 7 The words "written" or "in writing" 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.
Year. 8 The word "year" means a calendar year unless otherwise expressed.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be 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 re-enacted.
Should any section, paragraph, sentence, clause, phrase or word of this Code be declared invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining words, phrases, clauses, sentences, paragraphs or sections of this Code, since the same would have been enacted by the president and the board of trustees without the incorporation in this Code of any such invalid or unconstitutional word, phrase, clause, sentence, paragraph or section.
The provisions appearing in this Code, so far as they are substantially the same as those of the Revised Municipal Code of the Village of Elmwood Park of 1943, and those of all other ordinances existing at the time of the adoption of this Code shall be construed as a continuation thereof and not as new enactments.
Sec. 1-6. Ordinances 9 -Recordation; indexing.
All ordinances passed by the president and board of trustees of the village shall be deposited in the office of the village clerk, and shall be duly recorded by such clerk in the record book of ordinances, and appropriately indexed by their titles and subjects. (Code 1943, § 201.01.)
Sec. 1-7. Same-Publication; time of taking effect. 10
All ordinances of the village imposing any fine, penalty, imprisonment, or forfeiture, or making any appropriation, shall (1) be printed in book or pamphlet form, published by authority of the president and board of trustees, or (2) be published at least once, within ten days after passage, in one or more newspapers published in the village, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the village. No such ordinance shall take effect until ten days after it is so published, except that an ordinance imposing a municipal retailers occupation tax adopted under chapter 24, paragraph 23-111 of the Illinois Revised Statutes 1959, or effecting a change in the rate thereof shall take effect on the first day of the mouth next following the expiration of the ten-day publication period. However, ordinances establishing rules and regulations for the construction of buildings or any part thereof, or for the development or operation of camps accommodating persons in house trailers, house cars, cabins or tents, where such rules and regulations have been previously printed in book or pamphlet form, may by their terms provide for the adoption of such rules and regulations or portions thereof by reference thereto without further printing, or publication, if not less than three copies of such rules and regulations in hook or pamphlet form have been filed in the office of the village clerk for use and examination by the public at least thirty days prior to the adoption thereof.
All other ordinances, resolutions and motions, shall take effect upon their passage unless they otherwise provide.
The village clerk shall file and carefully preserve the originals of all ordinances deposited in his office. (Code 1943. § 201.01.)
No suit, proceeding, fine, penalty, forfeiture, debt, right or other liability whatever, instituted, incurred, given, created or accrued by or under any ordinance of the village prior to its repeal or modification, shall be annulled, released or in anywise effected by the passage of such repealing or modifying ordinance, but the same may be prosecuted, recovered, completed and enjoyed as fully in all respects as if such ordinance or part thereof had remained in full force, unless otherwise expressly provided in the ordinance making such repeal. (Code 1943, § 201.04.)
When any ordinance, repealing any former ordinance, clause or provision, shall be itself repealed, such repeal shall not be construed so as to revive such former ordinance, clause or provision, unless it shall be therein so expressly provided.
Central Standard Time shall be the official time within the village for the transaction of all village business, except that from 2:00 A.M. of the last Sunday in April of each year to 2:00 A.M. of the last Sunday in October of each year, the official time for the village shall be one hour in advance of Central Standard Time.
When reference is made to any time without qualification in any motion, resolution or ordinance heretofore passed or which may be passed hereafter by the president and board of trustees, or in any official notice, advertisement or document of the village, or in any contract to which the village is a party, it shall be understood to refer to the official time of the village as herein prescribed. When the words "Daylight Saving Time" are used the reference shall be to the advanced time herein prescribed as the official time from the last Sunday in April until the last Sunday in October.
In all motions, resolutions or ordinances of the president and board of trustees and in all official notices, advertisements or documents of the village, and in all contracts to which the village is a party relating to the time of performance of any act by any officer or department of the village, or relating to the time within which any rights shall accrue or determine, or within which any act shall or shall not be performed by any person, it shall be understood and intended that the time shall be the official time of the village as herein prescribed. (Ord., 9-19-1960, § 1.)
The fiscal year of the village shall commence on May 1 and terminate on April 30 in each and every year. (1943 Code, § 203.15.)
The corporate seal of the village shall be circular in form and shall contain the words around the rim thereof. VILLAGE OF ELMWOOD PARK, COUNTY OF COOK, STATE OF ILLINOIS and in the center thereof a representation of an elm.
(1943 Code, § 102.02.)
The village seal shall be and remain in the custody of the village clerk to be used by him in all cases provided for in the ordinances of the village or the laws of the state and in all such other cases where, by the laws or customs of any state or nation, the use of the corporate seal of the village becomes necessary. (1943 Code, § 102.02.)
The official flag of the village of Elmwood Park is hereby established to be rectangular in shape, and to be white in color, with a green triangle along the hoist side. The white portion shall contain the words "ELMWOOD PARK, ILLINOIS" in green, in identification of the village, and the year "1914", the year of the village's incorporation. The green triangular portion shall contain a rendering of the village seal, in white with black lettering, encircled in yellow. The seal shall represent the official symbol of the village, as provided in section 1-14 of this chapter, and the yellow circle shall represent the pride of the people of the village. (Ord. 2005-15, 8-1-2005, § 3.)
The official slogan of the village of Elmwood Park shall be: "The village with pride". (Ord. 2005-15, 8-1-2005, § 4.)
The village datum is hereby established as a horizontal plane 55.84 feet below the bench mark which is a square mark cut in the top surface of the northeast corner on the north side of the municipal building at 11 Elmwood Parkway, Elmwood Park, Illinois. (1943 Code, § 103.01; Ord. 2005-15, 8-1-2005, § 2.)
In each election year, village elections, for any village office to be filled, shall be held on the first Tuesday in April. (Ord., 5-7-1973, § 1; Ord. 2005-15, 8-1-2005, § 2.)
1. For state law definition of "person" as applicable to villages, see Ill. Rev. Stat. 1959, ch. 24, par. 1-2. See also, Ill. Rev. Stat. 1959, ch. 131, par. 1.05.
2. See Ill. Rev. Stat. 1959, ch. 30, par. 177; ch. 127, par. 133b3.
3. For similar state law definition, see Ill. Rev. Stat. 1959, ch. 30, par. 37.
4. For similar state law definition, see Ill. Rev. Stat. 1959, ch. 95 1/2, par. 109.
5. For similar state law definition, see Ill. Rev. Stat. 1959, ch. 95 1/2, par. 109.
1. For similar state law, see Ill. Rev. Stat. 1959, ch. 131, par. 1.02.
2. For similar state law, see Ill. Rev. Stat. 1959, ch. 131, par. 1.15.
3. For similar state law, see Ill. Rev. Stat. 1955, ch. 131, par. 1.10.
4. For further provisions concerning ordinances. see 2-31, 2-32, of this Code.
1. For similar state law, see Ill. Rev. Stat. 1959, ch. 24, par. 10-3.