For the purpose of this code the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENT. A person acting on behalf of another.
ANOTHER. When used to designate the owner of property which is the subject of an offense, includes not only natural persons, but also every other owner of property.
CITY, MUNICIPALITY or MUNICIPAL CORPORATION. The City of Johnston City, Illinois, irrespective of its population or legal classification.
CORPORATE AUTHORITIES. The Mayor and the City Council.
(65 ILCS 5/1-1-2)
COUNCIL or CITY COUNCIL. The Council of the City of Johnston City.
COUNTY. Williamson County, Illinois.
COUNTY BOARD. The County Board of Williamson County, Illinois.
(5 ILCS 70/1.07)
COURT. Construed to mean any court of competent jurisdiction.
DECREE. Synonymous with JUDGMENT.
(5 ILCS 70/1.24)
ELECTORS. Persons qualified to vote for elective officers at municipal elections.
(5 ILCS 5/1-1-2)
EMPLOYEES. Whenever reference is made in this code to a city employee by title only, this shall be construed as though followed by the words “of the city”.
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.
(5 ILCS 70/1.08)
FEE or FEES. A sum of money charged by the city for carrying on of a business, profession or occupation.
FISCAL YEAR. Shall begin on May 1 of each year and end on April 30 of the following year.
HERETOFORE or HEREAFTER. HERETOFORE means any time previous to the day on which the ordinance, resolution or statute takes effect; HEREAFTER means at any time after that date.
(5 ILCS 70/1.17)
HIGHWAY, ROAD 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.
(5 ILCS 70/1.16)
ILCS. Illinois Compiled Statutes, 1992, as heretofore and hereafter amended.
KEEPER or PROPRIETOR. Includes all persons, whether acting by themselves, or as a servant, agent or employee.
KNOWINGLY. Imports only a knowledge that the facts exist which bring the act or mission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission.
LAND or REAL ESTATE. Includes rights and easements of an incorporeal nature.
LAW. Denotes applicable federal law, the Constitution and statutes of the state, the ordinances of the city and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
LEGAL HOLIDAY. The holidays as authorized and recognized by the City Council in the employee agreement.
LICENSE. The permission granted for the carrying on of a business, profession or occupation.
MAY. The act referred to is permissive.
MAYOR. The Mayor of the City of Johnston City.
MISDEMEANOR. Any offense deemed a violation of the provisions of this code which is a lesser offense than a felony as defined by state law.
MONTH. A calendar month.
(5 ILCS 70/1.10)
MUNICIPAL CODE. The Illinois Municipal Code, 65 ILCS 5.
NEGLECT, NEGLIGENCE, NEGLIGENT and NEGLIGENTLY. Import or want of such attention to the nature of probable consequences of the act of omission as a prudent human ordinarily bestows in acting in his or her own concern.
NUISANCE. Anything offensive or obnoxious to the health and welfare of the inhabitants of the city 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.
OATH. Includes affirmation, and SWEAR includes affirm.
(5 ILCS 70/1.12)
OCCUPANT. 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.
OFFENSE. Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.
OFFICERS AND EMPLOYEES.
(1) Whenever reference is made in this code to a city officer or employee by title only, this shall be construed as though followed by the words “of the city” and shall be taken to mean the officer or employee of this city having the title mentioned or performing the duties indicated.
(2) 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 City Council to impose such a fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.
OFFICIAL TIME. Central Standard Time shall be the official time for the transaction of city 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 city shall be set and run at the OFFICIAL TIME prescribed by this definition.
OPERATOR. The person who is in charge of any operation, business or profession.
OWNER. When applied to property, includes any part owner, joint owner, purchaser and seller under a contract and/or deed, or tenant in common of the whole or part of the property, and includes any beneficiary of a land trust which owns property.
PERSON. Any legal person; includes associations, partnerships, corporations, joint ventures and bodies politic and corporate as well as individuals.
(5 ILCS 70/1.05)
PERSONAL PROPERTY. Includes all property, except real.
POLICE OFFICERS. Police officers employed and in the service of the City of Johnston City. POLICE FORCE shall be construed to include such persons in the employ of a city as members of the Department of Police, who are or shall hereafter be appointed and sworn as POLICE OFFICERS.
(5 ILCS 70/1.20)
PREMISES. As applied to property, includes land and buildings.
PROPERTY. Includes real, personal, mixed estates and other interests.
PUBLIC AUTHORITY. Includes school districts; units of legal government; the village, city, county, state or federal governments, officers and agencies thereof, or any commissions or committees thereof; or any duly authorized public official.
PUBLIC PLACE. Includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance or any other place for the sale of merchandise, public accommodation, or amusement.
REAL PROPERTY. Includes lands, tenements and hereditaments.
REGISTERED MAIL. Includes certified mail and CERTIFIED MAIL includes registered mail.
RETAILER. 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.
SHALL. The act referred to is mandatory.
SIDEWALK. The portion of the street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.
(625 ILCS 5/1-188)
SPECIAL DISTRICTS. The meaning ascribed in Article VII of the Constitution of the State of Illinois of 1970.
(5 ILCS 70/1.29)
STATE or THIS STATE. The State of Illinois.
STREET. Where the context admits, includes alleys, lanes, courts, boulevards, squares and other public thoroughfares.
TENANT or OCCUPANT. As applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of the premises, alone or with others.
THIS CODE or THIS CODE OF ORDINANCES. The city code hereby adopted, and as hereinafter modified by amendment, revision and by the adoption of new titles, chapters or sections.
UNITS OF LOCAL GOVERNMENT. The meaning established in § 1 of Article VII of the Constitution of the State of Illinois of 1970.
(5 ILCS 70/1.28)
WEEK. Seven consecutive days.
WHOEVER. Includes all persons, natural and artificial; partners; principals, agents and employees; and all officials, public or private.
WHOLESALER and WHOLESALE DEALER. Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale.
WILLFULLY. 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.
WRITTEN or IN WRITING. Includes printing, electronic and any other mode of representing words and letters; but when the written signature of any person is required by law on any official or public writing or bond, required by law, it shall be: in the proper handwriting of that person, or in case he or she is unable to write, his or her proper mark; or an electronic signature as defined in the Uniform Electronic Transactions Act, except as otherwise provided by law.
(5 ILCS 70/1.15)
YEAR. A calendar year unless otherwise expressed; and the word YEAR alone is equivalent to the expression “Year of Our Lord”.
(5 ILCS 70/1.10)
(1999 Code, § 1-1-16)