The County shall keep a verbatim record of all closed or executive session meetings of the corporate authorities of the County or any subsidiary “public body” as defined by the Illinois Open Meetings Act, 5 ILCS 120/1. The verbatim record shall be in the form of an audio or video recording as determined by the corporate authorities. (See 5 ILCS 120/2)
(A) Reimbursement of private automobile usage expenses must be requested on an approved form, which shall show the payee’s name, trip dates, net mileage, destination, and purpose of the trip. The form must be approved by the department head prior to the trip.
(B) Claims for travel expense reimbursement shall be submitted on an approved form, which shall show date and destination, transportation expenses other than private automobile usage expense, meals, lodging, and information about the purpose of the travel and guest meals. Expenses which were prepaid by the County, such as fares and registration fees, shall be deducted in order to arrive at a net reimbursement amount. Receipts for all expenses must be signed by the individual and approved by the department head before any claims may be paid.
(C) All claims for reimbursement shall be examined by the appropriate committee(s) of theCountyBoard.
(D) All claims for reimbursement shall be subject to review and final approval by theCountyBoard.
(A) Appointment. The Chairman of the Board of Commissioners shall appoint an Ambulance Director with the advice and consent of the Commissioners.
(B)Salary. The Director shall receive a salary as established in the annual budget.
(C)Duties. The Director shall assume the duties of supervising and managing the ambulance service, as defined in the County Code. The Director shall also be responsible for related duties that the Board may assign.
The failure of any officer or employee to perform any official duty imposed by this Code shall not subject such officer or employee to the penalty imposed for violation of this Code, unless a penalty is specifically provided for.
(A) The penalty provided in this Chapter shall be applicable to every section of this County 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 County 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 County Code.
(B) In all cases where the same offense is made punishable or is created by different clauses or sections of this County Code, the prosecuting officer may elect under which to proceed; but not more than one (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.
(C) Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this County Code, and there shall be no fine or penalty specifically declared for such breach, the provisions of this Chapter shall apply and a separate offense shall be deemed committed upon each day during or on which a breach or violation occurs or continues.
(A) Any person convicted of a violation of any section of this Code shall be fined not more than One Thousand Dollars ($1,000.00) unless otherwise specified for any one (1) offense. (See 55 ILCS 5/5–1113)
(B) Any minor or person designated a juvenile by this State convicted of a violation of any section of this Code shall be fined not less than Seventy‑Five Dollars ($75.00) nor more than Seven Hundred Fifty Dollars ($750.00) for any one (1) offense, but may not be confined except by provisions of the Juvenile Court Act of the State of Illinois.
(C) Whoever commits an offense against the County or aids, abets, counsels, commands, induces or procures its commission is punishable as a principal.
(D) Whoever willfully causes an act to be done which, if directly performed by him or another would be an offense against the County, is punishable as a principal.
(E) Guilty Plea – No Court Appearance. All county ordinance offenses may be satisfied without a court appearance by written plea of guilty and payment of the minimum fine, plus court costs, unless a court appearance is required by the ordinance violated.
(F) Community Service. A penalty imposed for the violation of any section of this Code may include, or consist of, a requirement that the defendant perform some reasonable public service work such as but not limited to the picking up of litter in public parks or along public highways or the maintenance of public facilities.
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 be 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 reenacted.
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.
“CODE” OR “THISCODE” shall mean the “Revised Code of Ordinances of the County of Union”.
“COUNTY”. The words “county”, or “the county” meanUnionCounty, in the State ofIllinois.
The words “in the county” or “within the county” mean and include all territory over which the county now has or shall hereafter acquire jurisdiction for the exercise of its power or other regulatory powers.
“COUNTYBOARD”,The words “CountyBoard” or “The County Board of Commissioners” mean theCountyBoard of Commissioners of Union County, Illinois.
“COUNTYCHAIRMAN”as used in this Code shall mean the Chairman of the Board of Commissioners of Union County.
“FEE” OR “FEES”as used in this Code shall mean a sum of money charged by the County for carrying on of a business, profession or occupation.
“FISCALYEAR”.The “fiscal year” for the County shall begin on December 1st of each year and end on November 30th 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.
“LEGALHOLIDAY”shall mean the holidays as authorized and recognized by theCountyBoard 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.
“MAY”. The word “may” is permissive.
“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.
“NEGLECT”, “NEGLIGENCE”, “NEGLIGENT” AND “NEGLIGENTLY”import a want of such attention to the nature of probable consequences of the act of 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 inhabitants of the County 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.
“OCCUPANT”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.
“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.
“OFFICERSANDEMPLOYEES”.Whenever reference is made in this Code to aCountyOfficer or employee by title only, this shall be construed as though followed by the words “of the County” and shall be taken to mean the officer or employee of this County having the title mentioned or performing the duties indicated.
No provision of this 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 in this Code for a failure to perform such duty, unless the intention of the County Board to impose such a fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.
“OFFICIALTIME”. Central Standard Time shall be the official time for the transaction of County business, except during applicable Daylight Savings Time set by National or State standards when the official time shall be advanced one (1) hour. All clocks and other timepieces in or upon public buildings or other premises maintained by or at the expense of the County 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”as 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 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, it shall include the officers, agents, or employees thereof who are responsible for any violation of said section.
“PLANCOMMISSION”shall mean the Union County Planning Commission. (See Chapter 5).
“PERSONALPROPERTY”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.
“ROADDISTRICT”. The term “road district” means any road district within the County.
“SHALL”.The word “shall” is mandatory and not discretionary.
“STATE” OR “THISSTATE”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.
“WHOLESALER” AND “WHOLESALEDEALER”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 “INWRITING”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.
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.
TheCountyClerk’s Certificate shall be substantially in the following form:
COUNTYCLERK‘S CERTIFICATE STATEOFILLINOIS )
) ss. COUNTYCLERK’S OFFICE COUNTYOFUNION )
I, Bobby Toler, County Clerk of the County of Union, do hereby certify that the following Revised Ordinances of the County of Union, State of Illinois of 2011, published by authority of the County Board of Commissioners were published by the County Board of Commissioners of the County of Union, approved by the Chairman of the Board of Commissioners, 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, 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 County of Union, this 21st day of October, 2011.
Each section, paragraph, sentence, clause and provision of this Code is severable, and if 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.
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 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.
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 County 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 County under any ordinance or provision thereof in force at the time of the adoption of this Code.
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.
All general ordinances of the County 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 [subject to the saving clauses contained in the following sections], from which are excluded the following ordinances, which are not hereby repealed:
Tax Levy Ordinances; Appropriation Ordinances; Franchise Ordinance 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; 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 County; and all Special Ordinances.
Unless otherwise provided herein, this Code applies to acts performed within the corporate limits of the County. Provisions of this Code shall apply to acts performed outside the corporate limits of the municipalities and up to the limits prescribed by law, where the law confers power on the County to regulate such particular acts inside the corporate limits of the municipality.
It shall be deemed unlawful for any person to alter, change, replace or deface in any way, any section or any page of this Code in such a manner that the meaning of any phrase or order may be changed or omitted.
Replacement pages may be inserted according to the official instructions when so authorized by the County Board. The Clerk shall see that the replacement pages are properly inserted in the official copies maintained in the office of the Clerk.
Any person having in his custody an official copy of this Code shall make every effort to maintain said Code in an up-to-date and efficient manner. He shall see to the immediate insertion of new or replacement pages when such are delivered to him or made available to him through the office of theCountyClerk. The Code books, while in actual possession of officials and other interested persons shall be and remain the property of the County of Union and shall be returned to the office of the Clerk upon termination of office or separation of duties.
Any ordinance amending this County Code shall set forth the article, chapter, and section number of the section or sections to be amended, and this shall constitute a sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this County Code. All such amendments or revisions by ordinance shall be immediately forwarded to the codifiers and the ordinance material shall be prepared for insertion in its proper place in each copy of this County Code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the County Code on an annual basis.
ACCEPTANCE. The County Code as hereby presented in printed form shall hereafter be received without further proof in all courts and in all administrative tribunals of this State as the ordinances of the County of general and permanent effect, except the excluded ordinances enumerated in Section 1‑1‑8.
Upon the adoption by the County Board of Commissioners, this County Code is hereby declared to be and shall hereafter constitute the official “Revised Code of Ordinances of Union County”. The Revised Code of Ordinances shall be known and cited as the “County Code”, and it is hereby published by authority of the County Board and shall be kept up‑to‑date as provided in Section 1‑1‑3 under the direction of the State’s Attorney, acting for the County Board. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and article heading and to the general penalty clause relating thereto as well as to the section itself when reference is made to this County Code by title in any legal document.