11. CITY STANDARDS
2 LaSalle - General Provisions
effect of amendment or repeal
to other sections
to public office or officer
and statutory references
revocation for code violation
TITLE OF CODE.
This codification by and for the City of
LaSalle shall be designated as the Code of LaSalle and may be so cited.
For the purpose of this code the
following definitions shall apply unless the context clearly indicates or
requires a different meaning.
A person acting on behalf of another
Code, § 1-3-1)
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.
CORPORATION. The City of
LaSalle, irrespective of its population or legal classification.
or CITY COUNCIL. The Council of the City of LaSalle.
LaSalle County, Illinois.
The County Board of LaSalle County, Illinois.
Ch. 5, Act 70, § 1.07)
Construed to mean any court of competent
Synonymous with JUDGMENT. (ILCS Ch. 5,
Act 70, § 1.24)
Persons qualified to vote for elective
officers at municipal elections.
Ch. 65, Act 5, § 1-1-2)
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 of La Salle.
Code, § 1-3-1)
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.
Ch. 5, Act 70, § 1.08)
4 LaSalle - General Provisions
A sum of money charged by the city for the carrying on of a business,
profession or occupation.
Code, § 1-3-1)
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.
Ch. 5, Act 70, § 1.17)
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.
Ch. 5, Act 70, § 1.16)
Illinois Compiled Statutes, 1992, as
heretofore and hereafter amended.
or PROPRIETOR. Includes all persons, whether acting by
themselves, or as a servant, agent, or employee.
Imports only a knowledge that the facts exist
which brings the act or omission within the provisions of this code. It does
not require any knowledge of the unlawfulness of such act or omission.
Code, § 1-3-1)
or REAL ESTATE. Includes rights and easements of an
The permission granted for the carrying on of
a business, profession or occupation.
Code, § 1-3-1)
The act referred to is permissive.
The Mayor of the City of LaSalle.
Any offense deemed a violation of the
provisions of this code which is a lesser offense than a felony as defined by
Code, § 1-3-1)
A calendar month.
Ch. 5, Act 70, § 1.10)
The Illinois Municipal Code, ILCS Ch. 65, Act
(As well as NEGLECT, NEGLIGENCE,
imports a want of such attention to the nature or probable consequences of the act
or omission as a prudent person ordinarily bestows in acting in his or her own
Code, § 1-3-1)
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.
Code, § 1-3-1)
Includes affirmation, and SWEAR includes affirm.
Ch. 5, Act 70, § 1.12)
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.
Code, § 1-3-1)
Any act forbidden by any provision of this
code or the omission of any act required by the provisions of this code.
Code, § 1-3-1)
Whenever reference is made in this code to a
city officer by title only, this shall be construed as though followed by the
words “of the City of LaSalle.”
Code, § 1-3-1)
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.
Any legal person; includes associations,
partnerships, corporations, joint ventures, and bodies politic and corporate as
well as individuals.
Ch. 5, Act 70, § 1.05)
Includes all property except real.
Police officers employed and in the service
of the City of LaSalle. 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
Ch. 5, Act 70, § 1.20)
As applied to property, includes land and
Includes real, personal, mixed estates, and
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.
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.
Includes lands, tenements, and hereditaments.
Includes certified mail and CERTIFIED
MAIL includes registered mail.
. Shall be understood to
relate to the sale of goods, merchandise, articles or things in small
quantities direct to the consumer.
Code, § 1-3-1)
The act referred to is mandatory.
That portion of the street between the curb
line and the adjacent property line intended for the use of pedestrians.
Ch. 625, Act 5, § 1-188)
The meaning ascribed in Article VII of the
constitution of the state of Illinois of 1970.
Ch. 5, Act 70, § 1.29)
The state of Illinois.
Where the context admits, includes alleys,
lanes, courts, boulevards, squares, and other public thoroughfares.
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.
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 Section 1 of
Article VII of the constitution of the state of Illinois of 1970.
Ch. 5, Act 70, § 1.28)
Seven consecutive days.
Includes all persons, natural and artificial;
partners; principals, agents, and employees; and all officials, public or
and WHOLESALE DEALER. 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.
Code, § 1-3-1)
6 LaSalle - General Provisions
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.
Code, § 1-3-1)
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 (1) the proper
handwriting of that person, or in case he or she is unable to write, his or her
proper mark, or (2) an electronic signature as defined in the Electronic
Commerce Security Act, ILCS Ch. 5, Act 175, §§ 1-101 et seq., except as otherwise provided by law. (ILCS Ch. 5, Act 70, § 1.15)
A calendar year unless otherwise expressed;
and the word YEAR alone is equivalent to the expression “Year of Our
Ch. 5, Act 70, § 1.10)
Headings and captions used in this code
are employed for reference purposes only, and shall not be deemed a part of the
text of any section.
RULES OF CONSTRUCTION.
and phrases shall be read in context and construed according to the rules of
grammar and common usage. Words and
phrases that have acquired a technical or particular meaning, whether by
legislative or judicial definition or otherwise, shall be construed
used in this code, unless the context otherwise requires, the following rules
will be followed.
(1) The singular shall include the plural, and the plural shall
include the singular.
Ch. 5, Act 70, § 1.03)
(2) Words of 1 gender shall include the other genders.
Ch. 5, Act 70, § 1.04)
(3) Words in the present tense shall include the future.
Ch. 5, Act 70, § 1.02)
(4) AND may be read OR, and OR may be read AND,
if the context admits.
time within which any act provided by law is to be done shall be computed by
excluding the first day and including the last, unless the last day is Saturday
or Sunday or is a holiday as defined or fixed in any statute now or hereafter
in force in this state, and then it shall also be excluded. If the day succeeding Saturday, Sunday, or a
holiday is also a holiday or a Saturday or Sunday, then the succeeding day
shall also be excluded.
Ch. 5, Act 70, § 1.11)
the law requires an act to be done which may by law as well be done by an agent
as by the principal, the requirement shall be construed to include all such
acts when done by an authorized agent.
purporting to give joint authority to 3 or more municipal officers or other persons
shall be construed as giving authority to a majority of the officers or
Ch. 5, Act 70, § 1.09)
rules of construction shall not apply to any provision of this code which shall
contain any express provision excluding that construction, or when the subject
matter or context of this code may be repugnant thereto.
general provisions, terms, phrases, and expressions shall be liberally
construed in order that the true intent and meaning of the Mayor and City
Council may be fully carried out.
Ch. 5, Act 70, § 1.01)
provisions of any ordinance, in so far as they are the same as those of any
prior ordinance, shall be construed as a continuation of the prior provisions,
and not as a new enactment.
Ch. 5, Act 70, § 2)
the determination of the provisions of each section of this code the following
rules shall be observed:
(1) Intent to defraud.
Whenever an intent to defraud is required in order to constitute an offense, it
shall be sufficient if an intent appears to defraud any person.
(2) Liability of employers and
agents. When the provisions of any section of this City Code prohibits the
commission of an act, not only the person actually doing the prohibited act or
omitting the directed act, but also the employer and all other persons
concerned with or in aiding or abetting the said person shall be guilty of the
offense described and liable to the penalty set forth.
Code, § 1-1-5)
(A) Official time designated. Central
Standard Time shall be the official time within the city for the transaction of
all city business, except that from 2:00 a.m. on the last Sunday in April in
each year, official time for the city shall be advanced 1 hour. At 2:00 a.m. on the last Sunday in October in
each year such official time, by retarding of 1 hour, shall be returned to
Central Standard Time.
Code, § 1-19-1) (Ord. 553, passed
(B) Transaction of business. All legal or
official proceedings of the Council and all official business of the city shall
be regulated as to time in accordance
the provisions of this section. Whenever by ordinance, resolution or action of
any municipal officer or body an act must be performed at or within a
prescribed time, it shall be performed according to the official time as herein
prescribed. When the words “Daylight Saving,” or “Daylight Saving Time” or
“Summer Time” are used in any official document or contract, it shall be
understood to have reference to the time herein fixed for the period from the
last Sunday in April to the last Sunday in October.
Code, § 1-19-2)
(C) Setting of city clocks. All clocks or
other time pieces in or upon public buildings or other premises maintained at
the expense of the city shall be set and run according to the official time as
provided for in this section. It is hereby made the duty of the officer or
other person having control and charge of such buildings and premises to see
that the clocks and other timepieces are set and run in accordance with the
Code, § 1-19-3) (Ord. 433, passed
REVIVOR; EFFECT OF AMENDMENT
repeal of a repealing ordinance does not revive the ordinance originally repealed,
nor impair the effect of any saving clause therein.
reenactment, amendment, or repeal of an ordinance does not do any of the
following, except as provided in division (C) of this section.
(1) Affect the prior operation of the ordinance or any prior action
(2) Affect any validation, cure, right, privilege, obligation, or
liability previously acquired, accrued, accorded, or incurred thereunder.
(3) Affect any violation thereof or penalty, forfeiture, or punishment
incurred in respect thereto, prior to the amendment or repeal.
8 LaSalle - General Provisions
(4) Affect any investigation, proceeding, or remedy in respect of any
privilege, obligation, liability, penalty, forfeiture, or punishment. The investigation, proceeding, or remedy may
be instituted, continued, or enforced, and the penalty, forfeiture, or
punishment imposed, as if the ordinance had not been repealed or amended.
the penalty, forfeiture, or punishment for any offense is reduced by a
reenactment or amendment of an ordinance, the penalty, forfeiture, or
punishment, if not already imposed, shall be imposed according to the ordinance
REFERENCE TO OTHER SECTIONS.
in a penalty section reference is made to a violation of a section or an
inclusive group of sections, the reference shall be construed to mean a
violation of any provision of the section or sections included in the
in this code to action taken or authorized under designated sections of this
code include, in every case, action taken or authorized under the applicable
legislative provision which is superseded by this code.
in 1 section reference is made to another section hereof, the reference shall extend
and apply to the section referred to as subsequently amended, revised,
recodified, or renumbered unless the subject matter is changed or materially
altered by the amendment or revision and the context clearly indicates that the
reference to the section as amended or revised was not intended.
If the provisions of different codes,
chapters, or sections of these codified ordinances conflict with or contravene
each other, the provisions bearing the latest passage date shall prevail. If the conflicting
bear the same passage date, the conflict shall be construed so as to be
consistent with the meaning or legal effect of the questions of the subject
matter taken as a whole.
AMENDMENTS TO CODE.
All ordinances passed subsequent to this
code which amend, repeal, or in any way affect this code may be numbered in
accordance with the numbering system of this code and printed for inclusion
herein, or in the case of repealed chapters, sections, and subsections, or any
part thereof, by subsequent ordinances, the repealed portions may be excluded
from the code by the omission from reprinted pages affected thereby, and the
subsequent ordinances as numbered and printed or omitted, in the case of
repeal, shall be prima facie evidence of subsequent ordinances until this code
of ordinances and subsequent ordinances numbered or omitted are re-adopted as a
new code of ordinances by the City Council.
If any provisions of a section of these
codified ordinances or the application thereof to any person or circumstance is
held invalid, the invalidity shall not affect other provisions or applications
of the section or related sections which can be given effect without the
invalid provision or application, and to this end the provisions are severable.
REFERENCE TO PUBLIC OFFICE OR OFFICER.
Reference to a public office or officer
shall be deemed to apply to any office, officer, or employee of the city
exercising the powers, duties, or functions contemplated in the provision,
irrespective of any transfer of functions or change in the official title of
the functionary. Such references shall
also include the designee or agent of any such officer or office, unless the
law or the context clearly requires otherwise.
ERRORS AND OMISSIONS.
If a manifest error is discovered
consisting of the misspelling of any word or words, the omission of any word or
words necessary to express the intention of the provisions affected, the use of
a word or words to which no meaning can be attached, or the use of a word or
words when another word or words was clearly intended to express the intent,
the spelling shall be corrected, and the word or words supplied, omitted, or
substituted as will conform with the manifest intention, and the provision
shall have the same effect as though the correct words were contained in the
text as originally published. No
alteration shall be made or permitted if any question exists regarding the
nature or extent of the error.
This code, from and after its effective
date, shall contain all of the provisions of a general nature pertaining to the
subjects herein enumerated and embraced.
All prior ordinances pertaining to the specific subjects treated by this
code shall be deemed repealed from and after the effective date of this code of
ordinances, but prior ordinances not specifically embraced and covered herein
are not affected by this compilation.
All ordinances of a temporary or special
nature (including, but not limited to 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) as well as any other ordinances pertaining
subjects not enumerated and embraced in this code of ordinances, shall remain
in full force and effect unless herein repealed expressly or by necessary
an ordinance by its nature either authorizes or enables the City Council or a
certain city officer or employee to make additional regulations for the purpose
of carrying out the intent of the ordinance, all regulations of a similar
nature serving that purpose effected prior to the codification and not
inconsistent thereto, shall remain in effect and are saved.
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 City Code or by
virtue of § 10.13 or § 10.14 of this chapter, 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 of such
Code, § 1-2-2)
Whenever any technical codes are
incorporated herein by reference, any subsequent amendments or revisions to
such technical codes shall automatically become a part of this code and shall
be made available for public inspection by the city. Further, to the extent of any conflict
between the technical provisions of this code and any technical codes adopted
by reference, the most restrictive provision shall prevail.
HISTORICAL AND STATUTORY
histories for the code sections, the specific number and passage date of the
original ordinance, and the most recent 3 amending
10 LaSalle - General Provisions
if any, are listed following the text of the code section. Example:
(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)
“ILCS” cite included in the history indicates that the text of the section
reads either verbatim or substantially the same as the statute. Example:
(ILCS Ch. 65, Act 5, § 3.1-2-1)
(Ord. 10, passed 1-17-1980; Am. Ord. 20, passed 1-1-1985). An “ILCS” cite set forth as a “statutory
reference” following the text of the section indicates that the reader should
refer to that statute for further information.
38.04 PUBLIC RECORDS AVAILABLE.
The city shall make available
to any person for inspection or copying all public records, as provided in the
Illinois Freedom of Information Act.
of Information Act, see ILCS Ch. 5, Act 140, §§ 1 et seq
a section of this code is derived from the previous code of ordinances of the
city published in 1963 and subsequently amended, the 1963 code section number
shall be indicated in the history by “(1963 Code, § ).”
LICENSE REVOCATION FOR CODE
When a person is convicted of a violation
of any section of this city code any license previously issued to him by the
city may be revoked by the court or by the governing body.
Code, § 1-4-3)
LIABILITY OF OFFICERS.
No provision of this city 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 for a
failure to perform such duty,
the intention of the governing body to impose such fine or penalty on such
officer or employee is specifically and clearly expressed in the section
creating the duty.
Code, § 1-4-5)
violates any provision of this code or other ordinance of this city for which
another penalty is not specifically provided, shall be fined not more than $750
for each and every violation thereof, and every day the violation continues
shall constitute a separate offense.
penalty provided in this chapter shall be applicable to every section of this
city 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 city 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 city code.
all cases where the same offense is made punishable or is created by different
clauses or sections of this city code the prosecuting officer may elect under
which to proceed; but not more than 1 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.
the doing of any act or the omission to do any act constitutes a breach of any
section or provision of this city code and there shall be no fine or penalty
specifically declared for such breach, the provisions of this chapter shall
separate offense shall be deemed committed upon each day during or on which a
breach of violation occurs or continues.
Code, § 1-4-4)
to imprison for certain ordinance
violations, see ILCS Ch. 65, Act 5, § 1-2-1.1
on penalties, see ILCS Ch. 65, Act 5,
12 LaSalle - General Provisions
The City of LaSalle shall be and the some
is hereby divided into 4 wards with boundaries as follows:
(A) First ward. That portion of the city
lying south of the center line of Eleventh Street and west of the center line of
Marquette Street extended southerly to the south city limits.
(B) Second ward. That part of the city lying south of the
center line of Eleventh Street extended east to the east city limits and east
of the center line of Marquette Street extended south to the south city limits.
(C) Third ward. That part of the city lying
north of the center line of Eleventh Street and west of the center line of St.
Vincent's Avenue extended north to the north city limits.
(D) Fourth ward. That portion of the city lying
north of the center line of Eleventh Street extended east to the east city
limits and west of the center line of St. Vincent's Avenue extended north to
the north city limits.
Code, § 1-5-1) (Ord. 800, passed
(A) Description of seal. A seal in a
circular form, with the words “City of La Salle,” and in the interior or center
of said circle the representation of a man leaning upon a staff, intended to
represent Father LaSalle, shall be the seal of the city, to be used in all
cases that have been or shall hereafter be provided by the laws of the United
States, the laws of several respective states of the United States, and the
provisions of this code, and in all cases in which by the laws and customs of
nations, it is necessary to use a seal by a corporation.
Code, § 1-20-1)
(B) Custody of the seal. The seal shall
remain in the custody and control of the Clerk, to be by him or her used as
required by the provisions of this code; provided however, that in all cases
where by the provisions of this code or any other law of the city, it shall be
necessary for the Mayor to use the seal, the same shall be delivered by the
Clerk to the Mayor temporarily, to be used by him or her, and after its use it
shall be again returned to the custody of the Clerk.
Code, § 1-20-2)
14 LaSalle - General Provisions