VILLAGE OF CAMBRIDGE, ILLINOIS CODE OF ORDINANCES

Transcription

1 VILLAGE OF CAMBRIDGE, ILLINOIS CODE OF ORDINANCES 2017 S-1 Supplement contains: Local legislation current through Ord , passed ; and State legislation current through Illinois Legislative Service, 2017 Acts, Pamphlet No. 4 Published by: AMERICAN LEGAL PUBLISHING CORPORATION One West Fourth Street h 3 rd Floor h Cincinnati, Ohio h

2 ORDINANCE NO AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE VILLAGE OF DIAMOND, ILLINOIS, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE POLITICAL SUBDIVISION DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES, AND DECLARING AN EMERGENCY. WHEREAS, the present general and permanent ordinances of the Village of Cambridge are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the Village of Diamond and for the proper conduct of its affairs; and WHEREAS, the Acts of the Legislature of the State of Illinois empowers and authorizes the Village of Cambridge to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and WHEREAS, the Village of Cambridge, Illinois, has authorized a general compilation, revision and codification of the ordinances of the Village of Cambridge, Illinois, of a general and permanent nature and publication of such ordinance in book form; and WHEREAS, it is necessary to provide for the usual daily operation of the Village of Cambridge and for the immediate preservation of the public peace, health, safety, and general welfare of the municipality that this ordinance take effect at an early date. NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE VILLAGE OF CAMBRIDGE, ILLINOIS: Section 1. The general ordinances of the Village of Cambridge, Illinois, as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the Code of Ordinances of the Village of Cambridge, Illinois. Section 2. Such Code of Ordinances as adopted in Section 1 shall consist of the following Titles: 2017 S-1 1

3 2 Diamond - Adopting Ordinance Chapter TITLE I: GENERAL PROVISIONS 10. General Code Construction; General Penalty TITLE III: ADMINISTRATION 30. General Provisions 31. Civil Emergencies 32. Board of Trustees 33. Officials and Employees 34. Tax, Fees and Finance 35. Village Organizations 36. Fire and Police Departments TITLE V: PUBLIC WORKS 50. Garbage and Refuse 51. Water Provisions 52. Plumbing and Sewers TITLE VII: TRAFFIC CODE 70. General Provisions 71. Rules for Driving 72. Pedestrians 73. Parking Regulations 74. Recreational Vehicles, Slow Moving Vehicles 75. Traffic Schedules 76. Parking Schedules TITLE IX: GENERAL REGULATIONS 90. Animal Regulations 91. Cemetery Provisions 92. Nuisances Generally 93. Health and Sanitation 94. Streets, Sidewalks and Yards TITLE XI: BUSINESS REGULATIONS 2017 S General Licensing 111. Amusements 112. Food Dealers 113. Alcoholic Beverages 114. Specific Businesses

4 Adopting Ordinance 3 TITLE XIII: GENERAL OFFENSES 130. Miscellaneous Offenses 131. Gambling 132. Explosives; Fireworks 133. Minors; Curfew; Tobacco 134. Tag Days; Solicitation; Gatherings 135. Alcohol Upon Public Property 136. Synthetic Alterative Drugs TITLE XV: LAND USAGE 150. General Provisions 151. Building Regulations 152. Subdivision Regulations 153. Zoning Code TABLE OF SPECIAL ORDINANCES Table I. Land Usage II. Streets, Sidewalks and Alleys III. Zoning Changes PARALLEL REFERENCES References to Illinois Compiled Statutes References to 1997 Code References to Ordinances INDEX Section 3. All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code and by cross reference in this Code of Ordinances, provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code S-1

5 4 Diamond - Adopting Ordinance Section 4. Such Code shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Village of Cambridge, Illinois, is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Clerk. Section 5. Such Code shall be in full force and effect as provided in Section 6, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given. Section 6. This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of this municipality, and shall take effect at the earliest date provided by law. PASSED, APPROVED AND ADOPTED by the President and Board of Trustees of the Village of Cambridge this 26th day of October, Trustee Aye Nay Abstain Absent Trustee Burns X Trustee Doubet X Trustee Doubler X Trustee Gustafson X Trustee Hamilton X Trustee Johnson X Margie Martin /S/ Margie Martin, Village President Attest: Paula Pool /S/ Paula Pool, Village Clerk 2017 S-1

6 CAMBRIDGE, ILLINOIS TABLE OF CONTENTS Chapter TITLE I: GENERAL PROVISIONS 10. General Code Construction; General Penalty TITLE III: ADMINISTRATION 30. General Provisions 31. Civil Emergencies 32. Board of Trustees 33. Officials and Employees 34. Tax, Fees and Finance 35. Village Organizations 36. Fire and Police Departments TITLE V: PUBLIC WORKS 50. Garbage and Refuse 51. Water Provisions 52. Plumbing and Sewers TITLE VII: TRAFFIC CODE 70. General Provisions 71. Rules for Driving 72. Pedestrians 73. Parking Regulations 74. Recreational Off-Highway Vehicles; Golf Carts 75. Traffic Schedules 76. Parking Schedules TITLE IX: GENERAL REGULATIONS 90. Animal Regulations 91. Cemetery Provisions 92. Nuisances Generally 93. Health and Sanitation 94. Streets, Sidewalks and Yards S-1

7 2 Cambridge - Table of Contents TITLE XI: BUSINESS REGULATIONS 110. General Licensing 111. Amusements 112. Food Dealers 113. Alcoholic Beverages 114. Specific Businesses TITLE XIII: GENERAL OFFENSES 130. Miscellaneous Offenses 131. Gambling 132. Explosives; Fireworks 133. Minors; Curfew; Tobacco 134. Tag Days; Solicitation; Gatherings 135. Alcohol Upon Public Property 136. Synthetic Alterative Drugs TITLE XV: LAND USAGE 150. General Provisions 151. Building Regulations 152. Subdivision Regulations 153. Zoning Code Table TABLE OF SPECIAL ORDINANCES I. Land Usage II. Streets, Sidewalks and Alleys III. Zoning Changes PARALLEL REFERENCES References to Illinois Compiled Statutes References to 1997 Code References to Ordinances INDEX

8 TITLE I: GENERAL PROVISIONS Chapter 10. GENERAL CODE CONSTRUCTION; GENERAL PENALTY 1

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10 CHAPTER 10: GENERAL CODE CONSTRUCTION; GENERAL PENALTY Section Title of code Definitions Section headings Rules of construction Official time Revivor; effect of amendment or repeal Reference to other sections Conflicting provisions Amendments to code Severability Reference to public office or officer Errors and omissions Ordinances repealed Ordinances unaffected Ordinances saved Technical codes Historical and statutory references Distinction between wholesaler and retailer General penalty TITLE OF CODE. This codification by and for the Village of Cambridge shall be designated as the code of Cambridge, and may be so cited DEFINITIONS. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ANOTHER. When used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. BOARD OF TRUSTEES or VILLAGE BOARD. The Board of Trustees of the village. COUNTY. Henry County, Illinois. COUNTY BOARD. The County Board of Henry County, Illinois. (ILCS Ch. 5, Act 70, 1.07) COURT. Any court of competent jurisdiction. DECREE. Synonymous with JUDGMENT. (ILCS Ch. 5, Act 70, 1.24) ELECTORS. Persons qualified to vote for elective officers at municipal elections. (ILCS Ch. 65, Act 5, 1-1-2) EXECUTIVE OFFICER. Words used for an executive or ministerial officer may include any deputy or other person performing the duties of that officer, either generally or in special cases. (ILCS Ch. 5, Act 70, 1.08) HERETOFORE or HEREAFTER. HERETOFORE means any time previous to the day on which the ordinance, resolution or statute takes effect; HEREAFTER means at any time after that date. (ILCS Ch. 5, Act 70, 1.17) HIGHWAY, ROAD or STREET. May include any road laid out by authority of the United States, or of this state, or of any town or county of this state, and all bridges thereupon. (ILCS Ch. 5, Act 70, 1.16) 3

11 4 Cambridge - General Provisions ILCS. Illinois Compiled Statutes, 1992, as heretofore and hereafter amended. KEEPER or PROPRIETOR. Includes all persons, whether acting by themselves, or as a servant, agent or employee. LAND or REAL ESTATE. Includes rights and easements of an incorporeal nature. MAY. The act referred to is permissive. MONTH. A calendar month. (ILCS Ch. 5, Act 70, 1.10) MUNICIPAL CODE. The Illinois Municipal Code, ILCS Ch. 65, Act 5. OATH. Includes affirmation, and SWEAR includes AFFIRM. (ILCS Ch. 5, Act 70, 1.12) OWNER. When applied to property, includes any part owner, joint owner, purchaser and seller under a contract and/or deed, or tenant in common of the whole or part of the property, and includes any beneficiary of a land trust which owns property. PERSON. Any legal person; includes associations, partnerships, corporations, joint ventures and bodies politic and corporate, as well as individuals. (ILCS Ch. 5, Act 70, 1.05) PERSONAL PROPERTY. Includes all property except real. POLICE OFFICERS. Police officers employed and in the service of the Village of Cambridge. POLICE FORCE shall be construed to include those persons in the employ of a village as members of the Department of Police, who are or shall hereafter be appointed and sworn as POLICE OFFICERS. (ILCS Ch. 5, Act 70, 1.20) PREMISES. As applied to property, includes land and buildings. PRESIDENT. The President of the Village of Cambridge. PROPERTY. Includes real, personal, mixed estates and other interests. PUBLIC AUTHORITY. Includes school districts; units of legal government; the village, county, state or federal governments, officers and agencies thereof, or any commissions or committees thereof; or any duly authorized public official. PUBLIC PLACE. Includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance or any other place for the sale of merchandise, public accommodation or amusement. REAL PROPERTY. Includes lands, tenements and hereditaments. REGISTERED MAIL. Includes certified mail and CERTIFIED MAIL includes registered mail. SHALL. The act referred to is mandatory. SIDEWALK. The portion of the street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians. (ILCS Ch. 625, Act 5, 1-188) SPECIAL DISTRICTS. The meaning ascribed in Article VII of the Constitution of the State of Illinois of (ILCS Ch. 5, Act 70, 1.29) STATE. The State of Illinois. STREET. Where the context admits, includes alleys, lanes, courts, boulevards, squares and other public thoroughfares. TENANT or OCCUPANT. As applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of the premises, alone or with others. THIS CODE or THIS CODE OF ORDINANCES. The village code hereby adopted, and as hereinafter modified by amendment, revision and by the adoption of new titles, chapters or sections.

12 General Code Construction; General Penalty 5 UNITS OF LOCAL GOVERNMENT. The meaning established in Section 1 of Article VII of the Constitution of the State of Illinois of (ILCS Ch. 5, Act 70, 1.28) VILLAGE. The Village of Cambridge. WEEK. Seven consecutive days. WHOEVER. Includes all persons, natural and artificial; partners; principals, agents and employees; and all officials, public or private. WRITTEN or IN WRITING. Includes printing, electronic and any other mode of representing words and letters; but when the written signature of any person is required by law on any official or public writing or bond, required by law, except as otherwise provided by law it shall be: (1) The proper handwriting of that person, or in case he or she is unable to write, his or her proper mark; or (2) An electronic signature as defined in the Electronic Commerce Security Act, ILCS Ch. 5, Act 175, et seq. (ILCS Ch. 5, Act 70, 1.15) YEAR. A calendar year unless otherwise expressed; and the word YEAR alone is equivalent to the expression Year of Our Lord. (ILCS Ch. 5, Act 70, 1.10) SECTION HEADINGS. Headings and captions used in this code are employed for reference purposes only and shall not be deemed a part of the text of any section RULES OF CONSTRUCTION. (A) Words and phrases shall be read in context and construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative or judicial definition or otherwise, shall be construed accordingly. (B) As used in this code, unless the context otherwise requires, the following rules will be followed. (1) The singular shall include the plural, and the plural shall include the singular. (ILCS Ch. 5, Act 70, 1.03) (2) Words of one gender shall include the other genders. (ILCS Ch. 5, Act 70, 1.04) (3) Words in the present tense shall include the future. (ILCS Ch. 5, Act 70, 1.02) (4) AND may be read OR, and OR may be read AND, if the context admits. (C) The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this state, and then it shall also be excluded. If the day succeeding Saturday, Sunday or a holiday is also a holiday or a Saturday or Sunday, then the succeeding day shall also be excluded. (ILCS Ch. 5, Act 70, 1.11) (D) When the law requires an act to be done which may by law as well be done by an agent as by the principal, the requirement shall be construed to include all those acts, when done by an authorized agent. (E) Words purporting to give joint authority to three or more municipal officers or other persons shall be construed as giving authority to a majority of the officers or persons. (ILCS Ch. 5, Act 70, 1.09) (F) These rules of construction shall not apply to any provision of this code which shall contain any express provision excluding that construction, or when

13 6 Cambridge - General Provisions the subject matter or context of this code may be repugnant thereto. (G) All general provisions, terms, phrases and expressions shall be liberally construed in order that the true intent and meaning of the President and Board of Trustees may be fully carried out. (ILCS Ch. 5, Act 70, 1.01) (H) The provisions of any ordinance, in so far as they are the same as those of any prior ordinance, shall be construed as a continuation of the prior provisions, and not as a new enactment. (ILCS Ch. 5, Act 70, 2) OFFICIAL TIME. The official time for the village shall be as set by federal law REVIVOR; EFFECT OF AMENDMENT OR REPEAL. (A) The repeal of a repealing ordinance does not revive the ordinance originally repealed, nor impair the effect of any saving clause therein. (B) The reenactment, amendment or repeal of an ordinance does not do any of the following, except as provided in division (C) below: (1) Affect the prior operation of the ordinance or any prior action taken thereunder; (2) Affect any validation, cure, right, privilege, obligation or liability previously acquired, accrued, accorded or incurred thereunder; (3) Affect any violation thereof or penalty, forfeiture or punishment incurred in respect thereto, prior to the amendment or repeal; or (4) Affect any investigation, proceeding or remedy in respect of any privilege, obligation, liability, penalty, forfeiture or punishment. The investigation, proceeding or remedy may be instituted, continued or enforced, and the penalty, forfeiture or punishment imposed, as if the ordinance had not been repealed or amended. (C) If the penalty, forfeiture or punishment for any offense is reduced by a reenactment or amendment of an ordinance, the penalty, forfeiture or punishment, if not already imposed, shall be imposed according to the ordinance as amended REFERENCE TO OTHER SECTIONS. (A) Wherever in a penalty section reference is made to a violation of a section or an inclusive group of sections, the reference shall be construed to mean a violation of any provision of the section or sections included in the reference. (B) References in this code to action taken or authorized under designated sections of this code include, in every case, action taken or authorized under the applicable legislative provision which is superseded by this code. (C) Whenever in one section reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by the amendment or revision and the context clearly indicates that the reference to the section as amended or revised was not intended CONFLICTING PROVISIONS. (A) If the provisions of different codes, chapters or sections of these codified ordinances conflict with or contravene each other, the provisions bearing the latest passage date shall prevail. (B) If the conflicting provisions bear the same passage date, the conflict shall be construed so as to be consistent with the meaning or legal effect of the questions of the subject matter taken as a whole.

14 General Code Construction; General Penalty AMENDMENTS TO CODE. All ordinances passed subsequent to this code which amend, repeal or in any way affect this code may be numbered in accordance with the numbering system of this code and printed for inclusion herein, or in the case of repealed chapters, sections and divisions, or any part thereof, by subsequent ordinances, the repealed portions may be excluded from the code by the omission from reprinted pages affected thereby, and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of subsequent ordinances until this code of ordinances and subsequent ordinances numbered or omitted are readopted as a new code of ordinances by the Board of Trustees SEVERABILITY. If any provisions of a section of these codified ordinances or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable REFERENCE TO PUBLIC OFFICE OR OFFICER. (A) Reference to a public office or officer shall be deemed to apply to any office, officer or employee of the village exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary. (B) These references shall also include the designee or agent of the officer or office, unless the law or the context clearly requires otherwise ERRORS AND OMISSIONS. (A) If a manifest error is discovered consisting of the misspelling of any word or words, the omission of any word or words necessary to express the intention of the provisions affected, the use of a word or words to which no meaning can be attached, or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected, and the word or words supplied, omitted or substituted as will conform with the manifest intention, and the provision shall have the same effect as though the correct words were contained in the text as originally published. (B) No alteration shall be made or permitted if any question exists regarding the nature or extent of the error ORDINANCES REPEALED. (A) This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. (B) All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code of ordinances ORDINANCES UNAFFECTED. All ordinances of a temporary or special nature (including, but not limited to, tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the village; and all special ordinances) as well as any other ordinances pertaining to subjects not enumerated and embraced in this code of ordinances, shall remain in full force and effect unless herein repealed expressly or by necessary implication.

15 8 Cambridge - General Provisions ORDINANCES SAVED. Whenever an ordinance by its nature either authorizes or enables the Board of Trustees or a certain village officer or employee to make additional regulations for the purpose of carrying out the intent of the ordinance, all regulations of a similar nature serving that purpose effected prior to the codification and not inconsistent thereto, shall remain in effect and are saved. that the reader should refer to that statute for further information. Example: PUBLIC RECORDS AVAILABLE. The village shall make available to any person for inspection or copying all public records, as provided in the Illinois Freedom of Information Act. Statutory reference: Freedom of Information Act, see ILCS Ch. 5, Act 140, 1 et seq TECHNICAL CODES. (A) Whenever any technical codes are incorporated herein by reference, any subsequent amendments or revisions to the technical codes shall automatically become a part of this code and shall be made available for public inspection by the village. (B) Further, to the extent of any conflict between the technical provisions of this code and any technical codes adopted by reference, the most restrictive provision shall prevail DISTINCTION BETWEEN WHOLESALER AND RETAILER. In all cases where the words WHOLESALE or WHOLESALE DEALER are used in this code, unless otherwise specifically defined, they 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, as distinguished from a retail dealer who sells in smaller quantities direct to the consumer. (1997 Code, ) HISTORICAL AND STATUTORY REFERENCES. (A) As histories for the code sections, the specific number and passage date of the original ordinance, and amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed ; Ord. 15, passed ; Ord. 20, passed ; Ord. 25, passed ) (B) An ILCS cite included in the history indicates that the text of the section reads either verbatim or substantially the same as the statute. Example: (ILCS Ch. 65, Act 5, ) GENERAL PENALTY. Whoever violates any provision of this code or other ordinance of this village for which another penalty is not specifically provided, shall be fined not more than $750 for each and every violation thereof, and every day the violation continues shall constitute a separate offense. Statutory reference: Authority to imprison for certain ordinance violations, see ILCS Ch. 65, Act 5, Limitations on penalties and collection upon default in payment, see ILCS Ch. 65, Act 5, (C) An ILCS cite set forth as a statutory reference following the text of the section indicates

16 TITLE III: ADMINISTRATION Chapter 30. GENERAL PROVISIONS 31. CIVIL EMERGENCIES 32. BOARD OF TRUSTEES 33. OFFICIALS AND EMPLOYEES 34. TAX, FEES AND FINANCE 35. VILLAGE ORGANIZATIONS 36. FIRE AND POLICE DEPARTMENTS 1

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18 CHAPTER 30: GENERAL PROVISIONS Section General Provisions Concerning Village Government Corporate seal Fiscal year Datum Injury to public property Elections Surety bonds Jail; Prisoners Establishment Keeper Prisoners Escape Communication with prisoners Penalty Cross-reference: Board of Trustees, see Chapter 32 Civil emergencies, see Chapter 31 Officials and employees, see Chapter 33 GENERAL PROVISIONS CONCERNING VILLAGE GOVERNMENT CORPORATE SEAL. The corporate seal of the village shall be as follows: a disc with the words Village of Cambridge, Cambridge, Ill. on the periphery thereof, and Corporate Seal - Incorporated March 7, 1874" in the center. (1997 Code, ) FISCAL YEAR. The fiscal year of the village shall begin on May 1 of each year. (1997 Code, ) DATUM. (A) There shall be, and is hereby established in and for the village, a horizontal plane of reference to which all elevations and grades hereafter established or fixed from time to time by the Village Board in ordinances for public or local improvements, or otherwise, shall refer. (B) The base for the datum is on top of the stone foundation of the village water tower at the point in the northeast corner marked by a cross (X) and that the elevation is established at 100 feet. (1997 Code, ) INJURY TO PUBLIC PROPERTY. It shall be unlawful to injure, deface or interfere with any property belonging to the village without proper authority from the Village Board. (1997 Code, ) Penalty, see ELECTIONS. Elections for municipal offices shall be held as is provided by statute, and at the time prescribed by statute. (1997 Code, ) 3

19 4 Cambridge - Administration SURETY BONDS. (A) Whenever a surety bond to indemnify the village is required as a prerequisite to exercising the duties of any office or position, or to the issuance of a license or permit or for the exercises of any special privilege, the surety on the bond shall be a corporation licensed and authorized to do business in this state as a surety company, in the absence of specific provision to the contrary by ordinance. (B) Whenever in its opinion additional sureties or an additional surety may be needed on any bond to indemnify the village against loss or liability because of the insolvency of the existing surety, same shall be secured on the bond. (C) If the new surety or sureties are not procured within ten days from the time the order is transmitted to the principal on the bond, or his or her assignee, the Board shall declare the bond to be void, and thereupon the principal or assignee shall be deemed to have surrendered the privilege or position as condition of which the bond was required. (D) Premiums on all fidelity bonds covering any officer or employee shall be paid by the village. (1997 Code, ) PRISONERS. The jail shall be used for the incarceration of all persons arrested for violating any laws of the state, or for violating any village ordinance until the person shall be lawfully brought before a magistrate for a hearing, or until the person shall be lawfully transferred to some other place of incarceration or otherwise lawfully released. (1997 Code, ) ESCAPE. It shall be unlawful for any person to escape or attempt to escape from jail. (1997 Code, ) Penalty, see COMMUNICATION WITH PRISONERS. It shall be unlawful for any person to communicate with any prisoner held in the jail without the permission of the Chief of Police or the police officer in charge. (1997 Code, ) Penalty, see PENALTY. JAIL; PRISONERS ESTABLISHMENT. The place in the village heretofore established and used as the jail, or any other place which may be hereafter used for that purpose, is hereby declared to be the village jail. (1997 Code, ) KEEPER. (A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to (B) Any person violating the provisions of shall be fined not less than $50 nor more than $1,000 for each offense. (1997 Code, ) (C) Any person, firm or corporation violating any provision of through shall be fined not less than $1 nor more than $100 for each offense. (1997 Code, ) The Chief of Police shall be the keeper of the jail and shall have custody over all persons confined therein and of all property pertaining thereto. (1997 Code, )

20 CHAPTER 31: CIVIL EMERGENCIES Section Definitions Existence of emergency Curfew Orders Effective period Notification Penalty DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CIVIL EMERGENCY. (1) A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute by three or more persons acting together without authority of law; or (2) Any natural disaster or human-made calamity, including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the village, resulting in the death or injury of persons or the destruction of property to the extent that extraordinary measures must be taken to protect the public health, safety and welfare. CURFEW. A prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the village, excepting officials of any governmental unit and persons officially designated to duty with reference to the civil emergency. (1997 Code, ) EXISTENCE OF EMERGENCY. Whenever an emergency exists, as defined in 31.01, the President of the Board of Trustees shall declare the existence by means of a written declaration setting forth the facts which constitute the emergency. (1997 Code, ) CURFEW. After proclamation of a civil emergency by the President of the Board, he or she may order a general curfew applicable to the geographical areas of the village, or to the village as a whole, as he or she deems advisable, and applicable during those hours of the day or night as he or she deems necessary in the interest of the public safety and welfare. (1997 Code, ) ORDERS. After the proclamation of a civil emergency, the President of the Village Board may also in the interest of public safety and welfare make any or all of the following orders: (A) Order the closing of all retail liquor stores, including taverns and private clubs or portions thereof wherein the consumption of intoxicating liquor and beer is permitted; 5

21 6 Cambridge - Administration (B) Order the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer; (C) Order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle; PENALTY. Any person violating the provisions of this chapter or executive orders issued pursuant thereto shall be guilty of an offense against the village, and shall be punishable by a fine not to exceed $500. (1997 Code, ) (D) Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever; and/or (E) Issue other orders as are imminently necessary for the protection of life and property. (1997 Code, ) EFFECTIVE PERIOD. (A) The proclamation herein authorized shall be effective for a period of 48 hours, unless sooner terminated by a proclamation of the President of the Board indicating that the civil emergency no longer exists. (B) The President of the Board shall have the power to re-proclaim the existence of a civil emergency at the end of each 48-hour period during the time the civil emergency exists. (1997 Code, ) NOTIFICATION. Upon issuing the proclamation herein authorized, the Chief of Police shall notify the news media situated within the village, and shall cause three copies of the proclamation declaring the existence of the emergency to be posted at the following places within the village; the Village Hall, the community building and the village water works building. (1997 Code, )

22 CHAPTER 32: BOARD OF TRUSTEES Section General Provisions Election; functions Oath; salary Meetings Special meetings President Quorum Committees Special committees Committee membership Disturbance of meetings Deciding vote Ordinances; approval veto Reconsideration; passing over veto Rules of Order Order of business Rescinded action Resolutions Addressing meetings Suspension of rules Robert s Rules of Order Penalty GENERAL PROVISIONS ELECTION; FUNCTIONS. (A) The Board of Trustees, consisting of six members, shall be elected to office for a four-year term, as is provided by statute. (B) This Board shall be the Legislative Department of the village government, and shall perform duties, and have powers as may be designated to it by statute. (1997 Code, ) OATH; SALARY. The members of the Board of Trustees shall take the oath of office prescribed by statute, and shall receive compensation as may be from time to time provided by ordinance. (1997 Code, ) MEETINGS. (A) The regular meetings of the Board of Trustees shall be held on the last Monday of each month, beginning at 6:00 p.m., and no notice of the regular meetings shall be required, provided that if the meeting date shall fall on a legal holiday or if there is no quorum present, the meeting shall be held on the next secular day. (B) The meeting place of the Board shall be at Village Hall, unless otherwise ordered by the Board. (C) If a quorum of the members of the Board of Trustees is physically present, a majority of the Board may allow a member of the Board to attend the meeting by other means, if the member is prevented from physically attending because of a) personal illness or disability b) employment purposes, or the business of the Board of Trustees or c) family or another emergency S-1

23 8 Cambridge - Administration (D) Other means is by video or audio conference. If a member of the Board wishes to attend a meeting by other means, the member must notify the Village Clerk or whoever is charged with the keeping of minutes at the meeting, before the meeting, unless advanced notice in impractical. (E) A majority of the Board may allow a member to attend a meeting by other means only in accordance with, and to the extent allowed by the rules adopted by the Board. The rules must conform to the requirements and restrictions of this section, may further limit the extent to which attendance by other means is allowed, and may provide for the giving of additional notice to the public or further facilitate public acts as to meetings. (F) Minutes shall include, but shall not be limited to the members of the Board recorded as either present or absent, and whether the members were physically present or present by means of video or audio conference. (1997 Code, ) (Ord , passed ; Ord , passed ; Ord , passed ) SPECIAL MEETINGS. Special meetings may be called by the President of the village or any three trustees upon at least 48 hours notice to all members and the President; provided that if all the trustees are present at a special meeting, no notice of the meeting shall be necessary and the notice shall be deemed waived. (1997 Code, ) (Ord , passed ) PRESIDENT. The Village President shall be the presiding officer of all regular and special meetings of the Board of Trustees and at all times when the Board meets as a committee of the whole. (1997 Code, ) QUORUM. A majority of the trustees or three trustees and the Village President shall constitute a quorum to do business. (1997 Code, ) COMMITTEES. The following shall be the standing committees of the Board of Trustees: (A) Streets and Alleys; (B) Buildings and Facilities; (C) Personnel; (D) Water and Sewer; (E) Parks and Playgrounds; (F) Cemetery; (G) Refuse; (H) Economic Development; (I) Finance; and (J) Public Safety. (1997 Code, ) (Ord , passed ) SPECIAL COMMITTEES. Special committees shall be created from time to time as is directed by the Board. (1997 Code, ) 2017 S-1

24 Board of Trustees COMMITTEE MEMBERSHIP. (A) All standing and special committees shall be composed of three members, including the Chairperson, unless the Board directs otherwise. (B) All committees shall be appointed by the Village President. (1997 Code, ) DISTURBANCE OF MEETINGS. It shall be unlawful for any person to disturb any meeting of the Board of Trustees or of any committee thereof. (1997 Code, ) Penalty, see DECIDING VOTE. (A) The Village President shall not vote on any ordinance, resolution or motion except: (1) Where the vote of the trustees has resulted in a tie; and (2) Where one-half of the trustees have voted in favor of an ordinance, resolution or motion even though there is no tie vote. (B) In both instances specified, the Village President shall vote. (C) Nothing in this section shall deprive a President Pro Tem from voting in his or her capacity as trustee, but he or she shall not be entitled to another vote in his or her capacity as President Pro Tem. (1997 Code, ) ORDINANCES; APPROVAL VETO. (A) All resolutions and motions which create any liability against the village; or which provide for the expenditure or appropriation of its money; or to sell any village property, and all ordinances passed by the Village Board, shall be deposited with the Village Clerk. (B) If the Village President approves of them, he or she shall sign them. Those of which he or she disapproves he or she returns to the Village Board, with his or her written objections, at the next regular meeting of the Village Board occurring not less than five days after their passage. (C) The Village President may disapprove of any one or more sums appropriated in any ordinance, resolution or motion making an appropriation, and, if so, the remainder shall be effective. However, the Village President may disapprove entirely of an ordinance, resolution or motion making an appropriation. If the Village President fails to return any ordinance or any specified resolution, with his or her written objections, within the designated time, it shall become effective despite the absence of his or her signature. (1997 Code, ) RECONSIDERATION; PASSING OVER VETO. (A) Every resolution and motion specified in 32.12, and every ordinance which is returned to the Board of Trustees by the Village President shall be reconsidered by the Board of Trustees. (B) If, after the reconsideration, two-thirds of all the trustees elected to the Village Board shall agree to pass an ordinance, resolution or motion, notwithstanding the President s refusal to approve it, then it shall be effective. (C) The vote on the question of passage over the President s veto shall be by yeas and nays, and shall be recorded in the journal. (1997 Code, ) 2017 S-1

25 10 Cambridge - Administration RULES OF ORDER ORDER OF BUSINESS. The order of business to be observed at all meetings of the Village Board shall be as follows: (A) Reading of the minutes of the preceding meeting, unless dispensed with, and their amendments and corrections; (B) Presentation of petitions, claims and bills, which shall be in writing, and reports of officers; (C) Reports of standing committees; (D) Reports of special committees; (E) Communications to the Board of Trustees; (F) Unfinished business; ADDRESSING MEETINGS. No person other than the President or a member of the Board shall address that body at any regular or special meeting except upon consent of a majority of the members present. (1997 Code, ) SUSPENSION OF RULES. The rules of order, other than those prescribed by statute, may be suspended at any time by the consent of a majority of the members present at any meeting. (1997 Code, ) ROBERT S RULES OF ORDER. Robert s Rules of Order shall govern the deliberations of the Board of Trustees, except when in conflict with any of the foregoing rules. (1997 Code, ) (G) New business; and (H) Adjournment. (1997 Code, ) RESCINDED ACTION. No vote or action of the Board of Trustees shall be rescinded at any special meeting of the Board of Trustees unless there be present at the special meeting as many members of the Board of Trustees as were present at the meeting when the vote or action was taken, as provided by statute. (1997 Code, ) PENALTY. (A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to (B) Any person violating the provisions of shall be fined not less than $50 nor more than $1,000 for each offense. (1997 Code, ) RESOLUTIONS. Any resolutions submitted to the Board of Trustees shall be reduced to writing before being voted upon, on request of any two members of the Board. (1997 Code, ) 2017 S-1

26 CHAPTER 33: OFFICIALS AND EMPLOYEES Section General Provisions Effect Appointments Term of office; vacancies Monies received Oath Salaries Prevailing rate of wages ordinance Assignment of duties Records Bond Arrests Termination of office Impersonation Interference with officers State Gift Ban Act State Officials and Employees Ethics Act Travel, meal and lodging expenses Specific Officials/Employees Village President Village Clerk Attorney Reserved Health Officer Building Inspector Collector Superintendent of Public Works Village Administrator Penalty Cross-reference: Civil emergencies, see Chapter 31 General provisions, see Chapter 30 Village organizations, see Chapter EFFECT. GENERAL PROVISIONS The provisions of this subchapter shall apply alike to all officers and employees of the village, regardless of the time of the creation of the office or position or the time of the appointment of the officer or employee. (1997 Code, ) APPOINTMENTS. All officers, other than elective officers, shall be appointed by the President by and with consent of the Board of Trustees, as is provided by statute; provided that all employees shall, in the absence of any provision to the contrary, be appointed or selected by the Village President. (1997 Code, ) TERM OF OFFICE; VACANCIES. (A) Every appointive officer of the village shall hold office until May 1 following his or her appointment, or until his or her successor is appointed and qualified, unless it is otherwise provided by ordinance. (B) In case of a vacancy in any such place, it shall be filled in the same manner as appointments or selections are made, in the absence of provision to the contrary. (1997 Code, ) S-1

27 12 Cambridge - Administration MONIES RECEIVED. The Village Clerk, Village Administrator or Administrative Assistant will deposit all monies received into the appropriate banking account as determined by the purpose for what the money was received. (Ord , passed ) RECORDS. All records kept by any officer of the village shall be open to inspection by the President or any member of the Board of Trustees at all reasonable times, whether or not the records are required to be kept by statute or ordinance. (1997 Code, ) OATH. Every officer of the village shall, before entering upon his or her duties, take the oath prescribed by statute. (1997 Code, ) SALARIES. All officers and employees of the village shall receive a salary as may be from time to time provided by ordinance. (1997 Code, ) PREVAILING RATE OF WAGES ORDINANCE. In June of each year the Board of Trustees of the village shall enact an ordinance complying with the annual statement of prevailing wages for public works employees for the county, issued by the Department of Labor of the state. (1997 Code, ) ASSIGNMENT OF DUTIES. The Board of Trustees shall have the power to assign to any appointive officer any duty which is not assigned by ordinance to some other specific officer; and shall determine disputes or questions relating to the respective powers or duties of officers. (1997 Code, ) BOND. (A) Every officer and employee shall, if required by the Board of Trustees, upon entering upon the duties of his or her office, give a bond in an amount and with sureties as may be determined by the Board, conditioned upon the faithful performance of the duties of his or her office or position. (B) Premiums on all surety bonds are to be paid by the village. (1997 Code, ) ARRESTS. The Village President, members of the Board of Trustees, members of the Fire Department while on duty, as well as every member of the Police Department, are hereby declared to be conservators of the peace with powers to make arrests as are given conservators of the peace by statute. (1997 Code, ) TERMINATION OF OFFICE. Every officer and employee of the village, upon the expiration of his or her term for any cause whatsoever, shall deliver to his or her successor all books and records which may be the property of the village, and if no successor has been appointed within one week after the termination of office, the property shall be delivered to the Village Clerk. (Ord , passed ) 2017 S-1

28 Officials and Employees IMPERSONATION. It shall be unlawful for any person to impersonate without lawful authority any village officer or employee. (1997 Code, ) Penalty, see INTERFERENCE WITH OFFICERS. It shall be unlawful to interfere with or hinder any officer or employee of the village while engaged in the duties of his or her office or employment. (1997 Code, ) Penalty, see STATE GIFT BAN ACT. (A) Adoption of Act. (1) The State Gift Ban Act (ILCS Ch. 5, Act 425) is hereby adopted as required by 83 of the Act (ILCS Ch. 5, Act 425, 83). (2) The solicitation or the acceptance of gifts prohibited to be solicited or accepted under the Act is prohibited by any elected or appointed official or any employee of the village. (B) Ethics Officer. To the extent authorized by law and to the extent required by 35 of the Act (ILCS Ch. 5, Act 425, 35), the President is appointed to serve as the Ethics Officer of the village. The Ethics Officer s duties shall be as provided in 35 of the Act. (C) State Legislative Ethics Commission; complaints. All complaints for violations of the Act and this section shall be filed with the State Legislative Ethics Commission (created by 45(a)(6) of the Act). (D) Future amendments to State Gift Ban Act. Any amendment to the State Gift Ban Act (ILCS Ch. 5, Act 425, 1 et seq.) that becomes effective after the passage of this section shall be incorporated into this section by reference, and shall be applicable to the solicitation and acceptance of gifts. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this section by reference without formal action by the corporate authorities of the village. (E) Future declaration of unconstitutionality of State Gift Ban Act. (1) If the Illinois Supreme Court declares the State Gift Ban Act (ILCS Ch. 5, Act 425, 1 et seq.) unconstitutional in its entirety, then this section shall be repealed as of the date that the Supreme Court s decision becomes final and not subject to any further appeals or rehearings. The section shall be deemed repealed without further action by the corporate authorities of the village if the Act is found unconstitutional by the Illinois Supreme Court. (2) If the Illinois Supreme Court declares part of the State Gift Ban Act unconstitutional, but upholds the constitutionality of the remainder of the Act or does not address the remainder of the Act, then the remainder of the Act is adopted by this section shall remain in full force and effect; however, the part of this section relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the village. (Ord. 99-5, passed ) STATE OFFICIALS AND EMPLOYEES ETHICS ACT. (A) Adoption of Act. The regulations of 5 through 15 (ILCS Ch. 5, Act 430, 5 through 15) and ILCS Ch. 5, Act 430, through of the State Officials and Employees Ethics Act, ILCS Ch. 5, Act 430, 1-1 et seq., are hereby adopted by reference and made applicable to the officers and employees of the village to the extent required by ILCS Ch. 5, Act 430, (B) Solicitation or acceptance of gifts. The solicitation or acceptance of gifts prohibited to be solicited or accepted under the Act, by any officer or any employee of the village, is hereby prohibited.