Division II: Saving Clause
1-1-8 REPEAL OF GENERAL ORDINANCES. All general ordinances of the Village passed prior to the adoption of this Code are hereby repealed, except such as are referred to herein as being still in force or are, by necessary implication, herein reserved from repeal, from which are excluded the following ordinances which are not hereby repealed: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 Village; and all special ordinances.
1-1-9 PUBLIC UTILITY ORDINANCES. No ordinance relating to railroads or railroad crossings with streets and other public ways or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this Code or by virtue of the preceding section, excepting as this Code shall be considered as amending such ordinance or ordinances in respect to such provisions only.
1-1-10 COURT PROCEEDINGS. No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right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 takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far 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, and applied to any judgment announced after the new ordinance takes effect.
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.
Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the Village herein repealed and the provisions of all general ordinances contained in this code shall be deemed to be continuing provisions and not a new enactment of the same provision; nor shall this chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the Village under any ordinance or provision thereof in force at the time of the adoption of this code.
1-1-11 SEVERABILITY OF PROVISONS. Each section, paragraph, sentence, clause, and provision of this code is severable, and is any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this code, nor any part thereof, other than that part affected by such decision.
1-1-12 VILLAGE CLERK’S CERTIFICATE. The Village Clerk’s Certificate shall be substantially in the following form:
VILLAGE CLERK’S CERTIFICATE
STATE OF ILLINOIS )
COUNTY OF EDGAR ) ss. VILLAGE CLERK’S OFFICE
VILLAGE OF KANSAS
I, _____________________________, Village Clerk of the Village of Kansas, Illinois, do hereby certify that the following “Revised Code of Ordinances of the Village of Kansas, Illinois of 2006, “ published by authority of the Village Board of Trustees were duly passed by the Village Board of Trustees of the Village of Kansas, Illinois, approved by the Mayor and published in book form according to law on this date, and that these ordinances are true and perfect copies of the ordinances, as passed and approved, and now of record and on file in my office, as provided by law.
In witness whereof, I have set my hand and affixed the corporate seal of the Village of Kansas, Illinois this ____ day of _________________, 2006.
Village of Kansas, Illinois
DIVISION III – DEFINITION
1-1-13 CONSTRUCTION OF WORDS. Whenever any word in any section of this Code importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used.
When any subject matter, party or person is referred to in this Code by words importing the singular number only or the masculine gender, several matters, parties or persons and females, as well as males and bodies corporate shall be deemed to be included; provided that these rules of construction shall not be applied to any section of this code which contains any express provision excluding such construction or where the subject matter or content may be repugnant thereto.
1-1-14 DEFINITIONS. Whenever the following words or terms are used in this Code, they shall have the meanings herein ascribed to them, unless the context makes such meaning repugnant thereto:
“AGENT” as used in this Code shall mean a person acting on behalf of another.
“BOARD” unless otherwise indicated shall mean the Village Board of Trustees of the Village of Kansas, Illinois.
“CODE” OR “THIS CODE” shall mean the “Revised Code of Ordinances of the Village of Kansas, Illinois.
“CORPORATE AUTHORITIES” shall mean the Mayor and the Village Board of Trustees of the Village of Kansas, Illinois.
“COUNTY” shall mean the County of Edgar, Illinois.
“EMPLOYEES” shall mean the following: whenever reference is made in this Code to a Village employee by title only, this shall be construed as though followed by the words “of the village”.
“FEE OR FEES” as used in this Code shall mean a sum of money charged by the Village for carrying on of a business, profession, or occupation.
“FISCAL YEAR” the fiscal year for the Village shall begin on April 1st, of each year and end on March 31st of the following year.
“KNOWINGLY” imports only a knowledge that the facts exist which bring the act or omission within the provisions of this Code. It does not require any knowledge of the unlawfulness of such act or omission.
“LEGAL HOLIDAY” shall mean the holidays as authorized and recognized by the Village Board in the employee agreement.
“LICENSE” as used in this Code shall mean the permission granted for the carrying on of a business, profession, or occupation.
“MAYOR” as used in this Code shall mean the Village President or President of the Village Board of Trustees.
“MISDEMEANOR” as used in this Code shall mean any offense deemed a violation of the provisions of this Code which is a lesser offense than a felony as defined by State Law.
“NEGLIGENT”, “NEGLECT”, “NEGLIGENCE” AND “NEGLIGENTLY” imports a want of such attention to the nature of probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concern.
“NUISANCE” shall mean anything offensive or obnoxious to the health and welfare of the in habitants of the Village, or any act or thing repugnant to or creating a hazard to or having a detrimental effect on the property of another person or the community.
“OCCUPANT” when 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” shall mean any act forbidden by any provision of this code or the omission of any act required by the provisions of this Code.
“OFFICERS” whenever reference is made in this Code to a Village officer by title only, this shall be construed as thought followed by the words “of the Village”.
“OFFICIAL TIME” Central Standard Time shall be the official time for the transaction of the Village 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 Village shall be set and run at the official time prescribed by this paragraph.
“OPERATOR” as used in this Code shall mean the person who is in charge of any operation, business or profession.
“OWNER” when applied to a building or land shall include any part-owner, joint-owner, tenant-in-common, joint-tenant or lessee of the whole or of a part of such building or land.
“PERSON” shall mean any natural individual, firm, trust, partnership, association or corporation in his or its own capacity or as administrator, conservator, executor, trustee, receiver or other representative appointed by the court. Whenever the word “person” is used in any section of this Code prescribing a penalty or fine as applied to partnerships or any such word as applied to corporations shall include the officers, agents or employees thereof who are responsible for any violation of said section.
“PERSONAL PROPERTY” shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.
“RETAILER” as used in this Code, 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.
“STATE” unless otherwise indicated, shall mean the State of Illinois.
“STREET” shall include alleys, lanes, courts, boulevards, public squares, public places and sidewalks.
“TENANT” 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.
“VILLAGE” shall mean the Village of Kansas, Illinois.
“WHOLESALER” AND “WHOLESALE DEALER” as used in this Code, 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”AND “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.
1-1-15 CATCHLINES. The catchlines of the several sections of this Code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to the 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.
1-1-16 TO 1-1-19. Reserved.