ADOPTING ORDINANCE

ORDINANCE NO. 0-81-30

AN ORDINANCE ADOPTING A NEW CODE OR ORDINANCES OF THE CITY OF PROSPECT HEIGHTS; ESTABLISHING THE SAME; AND PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN PROVIDED.

   BE IT ORDAINED by the City Council of the City of Prospect Heights, Cook County, Illinois, as follows:

   Section 1. That the ordinance consisting of titles 1 through 10 and entitled "Prospect Heights City Code" be and is hereby adopted as the official Municipal Code of the City of Prospect Heights and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances of the City passed prior to June 1, 1981, except such as by reference thereto are expressly saved from repeal or continued in force and effect for any purpose.

   Section 2. That all provisions of such Code shall be in full force and effect from and after 10 days after publication thereof in book or pamphlet form, and all ordinances of a general and permanent nature of the City of Prospect Heights, passed prior to June 1, 1981, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of such Code, except as hereinafter provided.

   Section 3. That the repeal provided in Section 2 shall not affect:

   (a)   Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Ordinance.

   (b)   Any ordinance promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City, or any evidence of the City's indebtedness, or any contract or obligation assumed by the City.

   (c)   Any right or franchise granted by any ordinance of the City.

   (d)   Any ordinance, dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the City.

   (e)   Any appropriation ordinance.

   (f)   Any ordinance levying or imposing taxes.

   (g)   Any ordinance establishing and prescribing street or sidewalk grades.

   (h)   Any ordinance providing for local improvements or assessing taxes therefor.

   (i)   Any ordinance extending or contracting the boundaries of the City.

   (j)   Any ordinance prescribing the number, classification or compensation of any City officers or employees, not inconsistent herewith.

   (k)   Any ordinance relating to zoning.

   (l)   Any administrative ordinances or resolutions of the corporate authorities not in conflict or inconsistent with the provisions of such Code.

   (m)   Any ordinance passed on or after June 1, 1981.

Such repeal shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this Ordinance.

   Section 4. That whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of such Code shall be punished by a fine of not more than five hundred dollars ($500.00). Unless specifically provided otherwise, or the content thereof so dictates, a separate offense shall be deemed committed on each day or part thereof on which a violation occurs or continues or is permitted to occur or continue.

   Section 5. That any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the corporate authorities to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the "Prospect Heights City Code", shall be understood and intended to include such additions and amendments.

   Section 6. That in case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 4 of this Ordinance and Section 1-4-1 of such Code shall apply to the section as amended; or, in case such amendment contains provisions in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

   Section 7. That three copies of such Code shall be kept on file in the office of the City Clerk preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by said Clerk, to insert in such copy and in their designated places all amendments or ordinances which indicate the intention of the corporate authorities to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such copies all provisions which may be from time to time repealed by the corporate authorities. Such copy shall be available for all persons desiring to examine the same.

   Section 8. That it shall be unlawful for any person to change or alter, by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or alter or tamper with such Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby. Any person violating this Section shall be punished as provided in Section 1-4-1 of such Code, and in Section 4 of this Ordinance.

   Section 9. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

   Section 10. That this Ordinance shall be in full force and effect and after its passage, approval and publication in book or pamphlet form according to law.

   PASSED this 2nd day of November, 1981.

   APPROVED this 3rd day of November, 1981.