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If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place. The following procedure shall be used to amend this code of ordinances:
(A) Determine if the ordinance under consideration should be included in the code;
(B) If the ordinance under consideration is to be included in the code, determine under which title, chapter and section (and division, if applicable) it should be placed;
(C) The format of the ordinance amending the code should then be as follows:
(1) Title. The same procedure is used in the amendment of divisions. Example:
“An ordinance amending the Metropolis Code, Title III, City government (use appropriate title number and heading), Chapter 31, Committees (use appropriate chapter number and heading), § 31.16, “mayor to appoint” (use appropriate section number and heading).”
(2) Preamble. The preamble is desirable as an explanation of the City Council’s policy or reasons for enacting the ordinance. Example:
“Whereas, ...”
(3) Ordaining clause. An ordaining clause is absolutely necessary (ILCS Ch. 65, Act 5, § 1-2-2). All ordinances must begin with the words, “BE IT ORDAINED.” Example:
“BE IT ORDAINED by the Mayor and City Council of the City of Metropolis, Illinois:”
(4) Body and codification. This tells what part of the code is being amended and then sets out the amendment itself. Example:
Section 1: That Title III, Chapter 31, § 31.16 is hereby amended by adding to the committees in § 31.16, the following:
“(Insert amendment)”
(5) Effective date. All ordinances shall take effect and publication of ordinances shall be made in accordance with the provisions of ILCS Ch. 65, Act 5, § 1-2-4;
(6) Separability. Those ordinances which are major policy enactments and which contain many provisions, some of which may be challenged for their constitutionality, ought to contain a paragraph such as the following:
“The provisions and sections of this ordinance shall be deemed to be separable, and the invalidity of any portion of this chapter shall not affect the validity of the remainder.”
(7) Vote required. It is good practice, in the drafting of an ordinance, to make a provision for listing the aldermen or trustees who voted for and against adoption. Most ordinances require only a simple majority, but there are some that have statutory requirements for a greater than majority vote. For example, the vacation of a street or alley under ILCS Ch. 65, Act 5, § 11-91-1 requires the affirmative vote of at least three-fourths of the aldermen, trustees or commissioners then holding office. In such cases, the ordinance form should show the number then holding office, the number present and the “aye” and “nay” vote. Example:
“Passed by the Mayor and City Council of the City of Metropolis, Illinois, on the day of , 2000.
AYE
NAY ”
(8) Form of signature. Following the date of passage and the recording of the vote, the ordinance form may provide for the certification of the Municipal Clerk that this was the action taken by the legislative body. Following that is the place for the approval of the Mayor or President. This becomes important in the case of a veto by the Mayor or President. Example:
“______________________________ City Clerk of the City of Metropolis, Illinois
Approved by the Mayor of the City of Metropolis, Illinois, this day of , 2000.
_______________________________
Mayor of the City of Metropolis, Illinois
ATTEST:
____________________________________
City Clerk of the City of Metropolis, Illinois”
(D) Upon proper completion of steps set forth in divisions (A) through (C), the code will be amended and will embody the provisions of the amending ordinance.
(Ord. passed 9-26-1977)
(A) As histories for the code sections, the specific number and passage date of the original ordinance, and amending ordinances, if any, are listed following the text of the code section. Example: (1977 Code, § 2-70) (Ord. 10, passed 5-13-1960; Am. Ord. 15, passed 1-1-1970; Am. Ord. 20, passed 1-1-1980; Am. Ord. 25, passed 1-1-1985)
(B) (1) If an ILCS cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example:
§ 39.01 COMPOSITION.
The City Council shall consist of the Mayor and Aldermen. It shall meet in accordance with the Open Meetings Act, ILCS Ch. 5, Act 120, §§ 1 et seq. It shall keep a journal of its own proceedings.
(ILCS Ch. 65, Act 5, § 3.1-40-5) (Ord. 81-0, passed 1-17-1981)
(2) If an ILCS 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:
§ 39.02 MAYOR PRESIDES.
The Mayor shall preside at meetings of the City Council.
Statutory reference:
Additional provisions, see ILCS Ch. 65, Act 5, § 3.1-40-30
No officer or employee of the city shall issue any book or pamphlet containing any section or sections of this code numbered differently than as numbered herein; and no section number shall be changed by the officer or employee in drafting any ordinance amending any section, chapter or title of same. In case any ordinance is introduced in the City Council, under which the numbers of any of the sections of this ordinance would be changed if passed, it shall be the duty of the City Clerk to submit to the Corporate Counsel for correction as to such numbering before its passage.
(1977 Code, § 1-1-6)
No officer or employee of the city shall issue, mail or distribute, as a publication on the part of the city or any officer, department, bureau or branch of the city government, any book, pamphlet, leaflet, card, circular or other printed matter purporting to contain excerpts or quotations from the Metropolis City Code or purporting to give the law on any subject to the public, either as a reprint of a statute, ordinance or other legislative enactment or as a digest, interpretation, resume, condensation or explanation of the same, without submitting the book, pamphlet, leaflet, card, circular or other printed matter, or the portion of same, which purports to quote or give the law to the Corporate Counsel for examination and approval as to form and as to whether or not the law is correctly stated therein.
(1977 Code, § 1-1-8)
Two copies of the Metropolis City Code shall be printed, posted, or otherwise mounted on paper sufficiently thick and tough to withstand heavy usage, and preserved by the City Clerk in a book or binder in loose-leaf form, or in such other form as the City Clerk may consider most expedient, so that all amendments thereto and all general ordinances hereafter passed may be inserted in their appropriate places in such volumes, and all sections or ordinances repealed from time to time may be extracted for the purpose of maintaining two copies in such condition that they will show all general ordinances passed up to date at any time in such manner that ready reference may be had thereto. In determining whether or not any ordinance hereafter passed, or any part thereof, shall be inserted in the volume, and in determining the form, place, title, chapter or section in which it shall be inserted, and also in determining what shall be taken out, if any doubt arises, the City Clerk shall be guided by the advice of the Corporate Counsel.
(1977 Code, § 1-1-10)
All printed copies of the Metropolis City Code belonging to the city shall be deposited with the City Clerk. He or she shall deliver one copy thereof to the Mayor, one copy to each Alderperson, and one copy to each department head of the section of the code book that pertains to them.
(1977 Code, § 1-1-11)
In cases of amendment of any section of this code containing provisions for which a penalty is provided in another section, the penalty so provided in such other section shall be held to relate to the section so amended, whether reenacted in the amendatory ordinance or not, unless the penalty is specifically repealed therein.
(1977 Code, § 1-3-4)
(A) General penalty. Except as otherwise provided, any person convicted of a violation of any section or provision of this code shall be fined a sum not less than $75 plus court costs and not to exceed $750 plus court costs for any one offense, and the person may be confined in a penal institution, other than the penitentiary, for a period not to exceed six months. The provisions of this section shall not apply to nor affect the ordinances enumerated under ILCS Ch. 65, Act 5, § 1-2.1-2, as said ordinances may be enacted by the city.
(1977 Code, § 1-3-1)
(B) Application of penalty.
(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 action 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 the duty or obligation remains unperformed or the 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 the 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.
(C) Citation - court appearance not required - penalty. Notwithstanding division (A) above, and within the scope of each of the following officers’ enforcement authority, any sworn law enforcement officer, the Animal Control officer, the Code Enforcement officer, or the Zoning Administrator, as applicable, may issue a No Court Appearance Required citation for a violation of any city ordinances committed to their enforcement. Unless otherwise provided in the specific ordinance or code section violated, such citation when issued shall require the payment of a fine in the amount of $100 within 30 days of the issuance of the citation. Such fine may be paid in the office of the City Clerk. In the event any person issued a No Court Appearance Required citation shall fail to pay the fine within 30 days from the date of the issuance of the citation, the original issuing official shall issue a Notice To Appear, requiring a court appearance for such violation. The penalty to be imposed for a conviction of such violation following a court appearance shall be the specific penalty provided for such offense in the code or, if no such penalty is so provided, then the general penalty imposed under division (A) above.
Schedule of Fine Only Offenses
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Schedule of Fine Only Offenses
| |
Offense | Fine if paid within 30 days |
Title V - Public Works | |
Chapter 50 - Electricity | |
§ 50.23(D)(1) - Reestablishing electricity | $100 |
§ 50.23(D)(2) - Receipt of reestablished electricity | $100 |
Title VII - Traffic Code | |
Chapter 70 - General Provisions | $100 |
Chapter 71 - Traffic Schedules | $100 |
Title IX - General Regulations | |
Chapter 90 - Animals | |
§ 90.03 - Restraint of dogs | $100 |
§ 90.04 - Animals as nuisances | $100 |
§ 90.07 - Owner’s duties | $100 |
§ 90.13 - Prohibited places | $100 |
Title IX - General Regulations | |
Chapter 95 - Nuisances | |
§ 95.01 - Weeds | $100 |
§ 95.01 - Garbage | $100 |
§ 95.03 - Abatement of nuisances | $100 |
Title XV Land Usage | |
Chapter 156 - Zoning | $100 |
(1977 Code, § 1-3-3) (Am. Ord. 2014-07, passed 3-10-2014; Am. Ord. 2016-14, passed 9-12-2016; Am. Ord. 2019-08, passed 5-13-2019; Am. Ord. 2022-35, passed 12-12-22)
Statutory reference:
Limitations on punishment, see ILCS Ch. 65, Act 5, § 1-2-1