Code of Ordinances

of Union County, Illinois.

Ordinance Chapter: Article I - General Provisions

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.

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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.

(Note: 1–1–23 added under Ordi­nance No. 2012–18)

(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.

 “CODEORTHIS CODE 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.

COUNTY BOARD”, The words “Coun­ty­Board” or “The Coun­ty Board of Com­mis­sion­ers” mean the­Coun­ty­Board of Com­mis­sion­ers of Union Coun­ty, Illi­nois.

COUNTY CHAIRMAN as used in this Code shall mean the Chair­man of the Board of Com­mis­sion­ers of Union Coun­ty.

FEEORFEES as used in this Code shall mean a sum of mon­ey charged by the Coun­ty for car­ry­ing on of a busi­ness, pro­fes­sion or occu­pa­tion.

FISCAL YEAR”. 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.

LEGAL HOLIDAY 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”, “NEGLIGENTANDNEGLIGENTLY 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.

OFFICERS AND EMPLOYEES”.  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.

OFFICIAL TIME”. 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.

PLAN COMMISSION shall mean the Union Coun­ty Plan­ning Com­mis­sion. (See Chap­ter 5).

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.

ROAD DISTRICT”.  The term “road dis­trict” means any road dis­trict with­in the Coun­ty.

SHALL”.  The word “shall” is manda­to­ry and not dis­cre­tionary.

STATEORTHIS 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.

WHOLESALERANDWHOLESALE 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.

WRITTENANDIN 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.

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:

COUNTY CLERK‘S CERTIFICATE
STATE OF ILLINOIS )

) ss. COUNTY CLERK’S OFFICE
COUNTY OF UNION )

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.

________________

BOBBY TOLER

COUNTY CLERK

COUNTY OF UNION, ILLINOIS

(SEAL)

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.

ACCEPTANCEThe 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.