Code of Ordinances

of Union County, Illinois.

Ordinance Chapter: Chapter 1 - Administration [1-1]

The Coun­ty Clerk shall be Sec­re­tary of the Coun­ty Board.

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.

The Coun­ty Clerk, in con­sul­ta­tion with the Chair­man of the Board, shall pre­pare, or cause to be pre­pared, an agen­da for all meet­ings and same shall be mailed to the mem­bers.

These rules may be tem­porar­i­ly sus­pend­ed by a roll call vote of two‑thirds (2/3) of the mem­bers of the Board present and vot­ing.

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.

When a blank is to be filled, and dif­fer­ent sums or times pro­posed, the ques­tion shall be tak­en first on the least sum or the longest time.

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.

Motion to adjourn the Board meet­ing shall always be in order, except:

 (1) When a mem­ber is in pos­ses­sion of the floor.

(2) While the yeas and nays are being called.

(3) When adjourn­ment was the last pre­ced­ing motion.

(4) When the mem­bers are vot­ing.

(5) When it has been decid­ed that the pre­vi­ous ques­tion shall be tak­en.

A motion sim­ply to adjourn shall not be sub­ject to amend­ment or debate, but a motion to adjourn to a time cer­tain shall be.

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.

In all cas­es where a res­o­lu­tion or motion is entered in the min­utes, the name of the mem­ber mov­ing the same shall be entered also.

If any ques­tion under con­sid­er­a­tion con­tains sev­er­al dis­tinct propo­si­tions, the Board, by a major­i­ty of those present and vot­ing, may divide such ques­tions.

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.

 A mem­ber wish­ing to absent him­self from the bal­ance of a meet­ing while the meet­ing is in ses­sion, shall first obtain con­sent from the Chair­man of the Board.

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.

The order of busi­ness shall be as fol­lows:

(A) Call to order by the Chair­man of the Board.

(B) Roll Call.

(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.

he fol­low­ing rules of order and pro­ce­dures shall gov­ern the delib­er­a­tions and meet­ings of the Coun­ty Board.

The Chair­man shall pre­side at all meet­ings of the Board; in case of absence on his part, the Board shall elect a tem­po­rary Chair­man by a major­i­ty vote of mem­bers present

The Coun­ty Board Chair­man shall be elect­ed annu­al­ly at the first (1st) Decem­ber meet­ing.

The Board of Coun­ty Com­mis­sion­ers shall hold reg­u­lar ses­sions for the trans­ac­tion of the busi­ness of the Coun­ty on the first (1stand 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)

[embed­doc url=“https://www.unioncountyil.gov/wp-content/uploads/2019/03/County-of-Union-Illinois-Ordinance-No-2012–18.pdf” download=“all”]

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.