The State’s Attorney shall be the attorney and legal adviser of the Board in all matters pertaining to the official business of the Board, and he shall consult with and advise the County Board on matters relating to its duties, powers, deliberations and jurisdiction, as provided by law.
No alterations shall be made in any of the rules of the Board during the year without consent of two‑thirds (2/3) of the members of the Board by roll call vote.
Any proposed change in the rules shall be mailed to the Board members, at least three (3) days before the meeting at which it is to be presented. All rules shall remain in effect until such time as new rules are adopted by the Board.
Rules of Parliamentary Practice comprised in the latest published edition of “Robert’s Rules of Order Revised” shall govern the Board in all cases unless otherwise impractical or which they are not inconsistent with the special rules of this Board.
A vote or question may be reconsidered at any time during the same meeting, or at the first regular meeting held thereafter. A motion for reconsideration, having been once made and decided in the negative, shall not be renewed, nor shall a motion to reconsider be reconsidered.
A motion to reconsider must be made and seconded by members who voted on the prevailing side of the question to be reconsidered, unless otherwise provided by law; provided, however, that where a motion has received a majority vote in the affirmative, but is declared lost solely on the ground that a greater number of affirmative votes are required by statute for the passage or adoption of such motion, then in such case, a motion to reconsider may be made and seconded only by those who voted in the affirmative on such question to be reconsidered.
A substitute for any original proposition under debate or for any pending amendment to such proposition may be entertained notwithstanding that at such time, further amendment is admissible, and, if accepted by the Board by a vote, shall entirely supersede such original proposition or amendment, as the case may be, and cut off all amendments appertaining thereto.
A motion to amend shall be in order, but one to amend an amendment to an amendment shall not be entertained. An amendment modifying the intention of a motion shall be in order, but an amendment relating to another subject shall not be in order. On an amendment to strike out and insert, the paragraph to be amended shall first be read as it stands, then the words proposed to be stricken out, then those to be inserted, and finally, the paragraph as it will stand if so amended shall be read. An amendment to the main question or other pending question may be referred to a committee, and neither the main question, nor such other pending question shall be affected thereby.
When consideration of the motion or other proposition is postponed indefinitely, it shall not be again taken up at the same meeting. A motion to postpone indefinitely shall not open the main question to debate. A motion to defer or postpone without any reference to time, shall not be construed as a motion to postpone indefinitely, but shall be considered to be of the same general nature, and to possess the same general attributes so far as applicable under these rules, as a motion to postpone indefinitely or to a certain time.
A motion to simply lay a question on the table shall not be debatable; but a motion to lay on the table and publish, or with any other conditions, shall be subject to amendment and debate. A motion to take any motion or other proposition from the table may be proposed at the same meeting at which such motion or proposition was laid on the table, provided two‑thirds (2/3) of the members present and voting, vote therefor. A motion to lay any particular motion or proposition on the table, shall apply to that motion or proposition only. An amendment to the main question or other pending question may be laid on the table, and neither the main motion nor such other pending question shall be affected thereby.
When the previous question is moved on the main question and seconded, it shall be put in this form: “Shall the main question now be put?”. If such motion be carried on further amendment, and all further motions and debates shall be excluded, and the question put without delay upon the pending amendments in proper order, and then upon the main question.
If any member requires it, the “Yeas” and “Nays” upon any question shall be taken and entered in the minutes, but the yeas and nays shall not be taken unless called for prior to any vote on the questions. When the Clerk has commenced to call the roll for the taking of a vote of yeas and nays, all debate on the question before the Board shall be deemed concluded, and during the taking of the vote, no member shall be permitted to explain his vote, but shall respond to the calling of his name by answering of yea or nay, as the case may be.
After a motion or resolution is stated by the Chairman, it shall be deemed to be in possession of the Board, but it may be withdrawn at any time before the vote on the motion is announced by the Chairman, by the mover with consent of his second.
No motion shall be put or debated in the Board unless it be seconded. When a motion is seconded, it shall be stated by the presiding officer before debate, and every motion in the Board, except motions of procedure, shall be reduced to writing, if required, by a member, and the proposer of the motion shall be entitled to the floor.
Every member who shall be present when a question is stated from the Chair shall vote thereon, unless excused by the Board, or unless he is personally interested in the question, in which case, he shall not vote, except as otherwise provided by law.
A member, when called to order, by the Chair, shall thereupon discontinue speaking and the order and ruling of the Chair shall be binding and conclusive, subject only to the right of appeal.
When a member wishes to present a communication, petition, resolution, ordinance or other original matter, he shall send it to the desk of the County Board Chairman, who shall read such matter when reached in its proper order on the agenda.
While the presiding officer is putting the question, no member shall walk across or out of the meeting room. Every member, shall confine himself to the question under debate, avoiding personalities and refraining from impugning the motives of any member’s argument or vote.
The presiding officer shall preserve order and decorum and may speak to points of order in preference to other members, and shall decide all questions of order, subject to appeal. In case of any disturbances or disorderly conduct, the presiding officer shall have the power to require the meeting room to be cleared.
Any person no a member of the Board of County Commissioners may address the Board of Commissioners with regard to items of proposed business under the following rules:
(A) He or she must come by the CountyClerk’s office during regular office hours on the Friday before the third Tuesday of each month and sign a request form to be placed on the Board meeting agenda to address the Board of Commissioners. (See Addendum “B”)
(B) He or she shall rise (if not physically impaired) and state his or her name and address for the record and unless further time is granted by the Board to limit remarks to five (5) minutes. All remarks shall be addressed to the Board of Commissioners, not to any member thereof.
(C) No person other than the Commissioner recognizing the individual addressing the Board and the person having the floor shall be permitted to enter into any discussion directly or through a member of the Board without the permission of the County Board Chairman. No questions shall be asked of a Commissioner except through the Chairman. Any person making personal or impertinent remarks or who shall become disruptive addressing the Board of Commissioners shall be forthwith evicted from the Board room by the Chairman.
The Sheriff or his authorized designee shall be the Sergeant at Arms at the Board meetings. He or she shall carry out all orders and instructions of the Chairman for the purposes of maintaining order and decorum. The Sergeant at Arms shall remove any person violating order and decorum of the meeting. Such removal may be accompanied by further prosecution for any violation of any ordinance under this Code.
(C) Reading of the minutes of the previous meeting or meetings. (Minutes may be approved upon recommendation of the Board. All corrections to the minutes must be made before approval.) Minutes are to contain motions, reports, and other pertinent information.
(D) Reports and communications for the Chairman and elected and appointed officials of the County.
(E) Other communications, petitions, resolutions and reports.
(F) Unfinished business.
(G) New business.
(H) Public Comment.
(I) Reading and disposition of bills to be paid.
(J) Vote for adjournment to a certain fixed date, by roll call vote.
All questions relating to the priority of business shall be decided by the Chair with debate, subject to appeal.
The Board of County Commissioners shall hold regular sessions for the transaction of the business of the County on the first (1st) and third (3rd) Monday of each month except when it falls on a holiday, then the next Tuesday, unless otherwise ordered. A quorum shall be necessary for the transaction of business; a quorum consisting of a majority of the members of the Board. The meetings shall be held in the County Building. They may hold special sessions on the call of the Chairman, or any two (2) members of the Board, whenever the business of the County requires it. If the meeting falls on a holiday then meeting shall be held on the next secular day unless prior notice is given otherwise. (See 55 ILCS 5/2–4002)
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.