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All ordinances passed by the City Council requiring publication shall take effect 10 days after the due publication thereof, unless otherwise expressly provided. Ordinances not requiring publication shall take effect from their passage, unless otherwise expressly provided.
(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying it when publication is required to give effect thereto, unless otherwise expressly provided.
(B) No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in anyway be effected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
(C) When any ordinance repealing a former ordinance, clause, or provision shall by itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.
(D) All general ordinances of the city that have been codified prior to the adoption of this city code are hereby repealed, except such as are referred to herein as being still in force or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following section), from which are excluded the following ordinances which are not hereby repealed: Tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special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; salary ordinances; 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 city; and all special ordinances.
('71 Code, § 1-2-1)
(A) If the City Council shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of such chapter or section. In addition to such indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
(A) As histories for the code sections, the specific number and passage date of the original ordinance, and the most recent three amending ordinances, if any, are listed following the text of the code section.
Example: (Ord. 10, passed 5-13-60; Am. Ord. 15, passed 1-1-70; Am. Ord. 20, passed 1-1-80; Am. Ord. 25, passed 1-1-85)
(B) (1) If an Illinois Compiled Statutes cite is included in the history, this indicates that the text of the section reads substantially the same as the statute.
Example: (ILCS Ch. 65, Act 5, § 3-2-2) (Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85).
(2) If an Illinois Compiles Statutes cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information.
Example:
§ 31.10 ELECTIONS.
Election of city officers shall be conducted in accordance with general election laws.
(Ord. 10, passed 1-1-80)
Statutory reference:
For provisions concerning the election of municipal offices, see ILCS Ch. 65, Act 5, § 3-2-2 et seq.
No ordinance relating to railroads or railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates or public utilities shall be repealed by virtue of the adoption of this city code or by virtue of § 10.17(D), excepting as this city code may contain provisions for such matters, in which case this city code shall be considered as amending such ordinance or ordinances in respect to such provisions only.
('71 Code, § 1-2-2)
(A) No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable
If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect.
(B) This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.
(C) Nothing contained in this or the preceding section shall be construed as abating any action now pending under or by virtue of any general ordinance of the city herein repealed; or as discontinuing, abating, modifying or altering any penalty accrued, or to accrued or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of the adoption of this city code.
('71 Code, § 1-2-3)
In all cases where the same offense may be made punishable or shall be created by different clauses or sections of the ordinances of the city, the prosecuting officer may elect under which to proceed; but no more than one recovery shall be had against the same person for the same offense.
('71 Code, § 1-5-2)
(A) Any person convicted of a violation of this code for which another penalty has not been provided, shall be fined in a sum not to exceed the amount set forth by the statutes of the State of Illinois as the maximum amount authorized for a municipality for any one offense. The minimum fine for any offense of this code shall be $25, such amount being in addition to any court cost that is applied by the court.
('71 Code, § 1-4-1) (Am. Ord. 2577, passed 7-22-85; Am. Ord. 2754, passed 5-13-91)
(B) Application.
(1) The penalty provided in this section shall be applicable to every section of this code the same as though it were a part of each and every separate section. Any person convicted of a violation of any section of this code where any duty is prescribed or obligation imposed, or where any act which is of a continuing nature or declared to be unlawful, shall be deemed guilty of a misdemeanor. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this code.
(2) In all cases where the same offense is made punishable or is created by different 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.
(3) Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this code and there shall be no fine or penalty specifically declared for such breach, the provisions of this section shall apply and a separate offense shall be deemed committed upon each day during or on which a breach or violation occurs or continues.
('71 Code, § 1-4-4)
(C) Default; labor. Any person in default of payment of any fine or costs imposed may be committed to the city or county jail until the fine, penalty and costs are fully paid. Any person imprisoned under the provisions of this section may be put to work for the benefit of the city for the term of his imprisonment. The committed person shall be allowed, exclusive of board, a credit of $5 for each day's work.
('71 Code, § 1-4-2)
(D) License. When a person is convicted of a violation of any section of this code, any license previously issued to him by the city may be revoked by the court or by the City Council.
('71 Code, § 1-4-3)
(E) Bail. Bail for violation of any section of this code (other than traffic violation) shall be $100 in cash.
('71 Code, § 1-4-6)
(F) Notwithstanding any provisions to the contrary contained herein, all citations issued for a violation of this Code which constitute a first or second offense may be adjudicated without court appearance. Any person who wishes to plead guilty to either a first or second offense may do so by signing a guilty plea at the office of the Clerk of the Circuit Court, Kewanee Division, and by paying the penalty for said offense. A first offense will result in a fine being levied in the amount of $25. A second offense shall result in a fine being levied in the amount of $50. It shall be the responsibility of the office of the City Attorney or the Kewanee Police Department to notify the Henry County Clerk of the Circuit Court as to any person being charged with an offense for the third or more time. Any person being charged with a violation of this Code for the third or more time must appear before the Presiding Judge of the Clerk of the Circuit Court for entry of a plea to any aforesaid charge.
(Am. Ord. 2142, passed 6-23-80; Am. Ord. 2999, passed 9-25-95; Am. Ord. 3179, passed 9-14-98)