BEARDSTOWN CITY CODE

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GENERAL ORDINANCES OF THE CITY

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Adopted, January 8, 1980
Effective, April 1, 1980

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Published in 1980 By Order of the City Council

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OFFICIALS

of the

CITY OF BEARDSTOWN

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Robert L. Walters
Mayor

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Robert Burget

John D. Grafford

Leslie A. Harris

Thomas Penwarden

Jeffrey D. Starkey

Randy L. Tapken

Douglas Thurman

Katherine Vitale

Aldermen

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Brian "Petie" Ruch

City Clerk

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George S. McClure

City Attorney

PREFACE

This Code is a codification of the ordinances of the City of Beardstown of a general and permanent nature. As expressed in the Adopting Ordinance, the Code supersedes all such ordinances not included therein or recognized as continuing in force by reference thereto.

The chapters of the Code are arranged in alphabetical order and the sections within each chapter are catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant provisions of the state law have been included. A table listing the state law citations setting forth their location within the Code volume is included at the back of this volume. The source of each section is indicated by the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the Comparative Tables also appearing in the back of the volume, any ordinance herein can be readily found in the Code.

Numbering System

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash representing the chapter number and the figure after the dash indicating the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the tenth section of Chapter 2 is 2-10. Under this system each section is identified with its chapter and, at the same time, new sections or even whole chapters can be inserted in their proper places, simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between Sections 3-4 and 3-5 is desired to be added such new sections would be numbered 3-4.1, 3-4.2 and 3-4.3 respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13 it will be designated as Chapter 12.1. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by municipal officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which he is interested.

Looseleaf Supplements

A special feature of this Code is the looseleaf system of binding and supplemental service, by which the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to the holders of the Code with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into the Code, may be cited as a part thereof, as provided in Section 4 of the Adopting Ordinance.

The successful maintenance of this Code up-to-date, at all times will depend largely upon the holder of the volume. As revised sheets are received it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publishers that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

The publication of this Code was under the direct supervision of George R. Langford, President, and Roger D. Merriam, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publishers are most grateful to Mr. Milton McClure, City Attorney, for his cooperation and interest during the progress of the work on this Code.

January, 1980

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

ORDINANCE NO. 8-1

An Ordinance Adopting and Enacting the Beardstown City Code; Establishing the Same; Providing for the Repeal of Certain Ordinances not Included Therein, Except as Herein Expressly Provided; Providing for the Manner of Amending Such Code of Ordinances; Providing a General Penalty for Violations Thereof; and Providing When this Ordinance Shall Become Effective.

Be It Ordained by the City Council of the City of Beardstown, Illinois:

Section 1.  That this ordinance, consisting of Chapters 1 through 22, each inclusive, is hereby adopted and enacted as the "Beardstown City Code," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council on or before January 30, 1978, except such as by reference thereto are expressly saved from repeal or continued in force and effect for any purpose.

Section 2.  That all provisions of such Code shall be in full force and effect from and after April 1, 1980, and all ordinances of a general and permanent nature of the City of Beardstown, enacted on final passage on or before January 30, 1978, and not in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of such Code, except as hereinafter provided.

Section 3.  That the repeal provided for in Section 2 hereof shall not affect the following:

(1)

Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of such Code;

(2)

Any ordinance or resolution promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness, or any contract or obligations assumed by the City;

(3)

Any administrative ordinances or resolutions of the City Council not in conflict or inconsistent with the provisions of such Code;

(4)

Any right or franchise granted by any ordinances of the City;

(5)

Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the City;

(6)

Any appropriation ordinances;

(7)

Any ordinance levying or imposing taxes;

(8)

Any ordinance establishing or prescribing grades in the City;

(9)

Any ordinance providing for local improvements and making assessments therefor;

(10)

Any ordinance dedicating or accepting any plat or subdivision in the City;

(11)

Any ordinance extending or contracting the boundaries of the City;

(12)

Any ordinance prescribing the number, classification or compensation of any city officers or employees, not inconsistent herewith;

(13)

Any ordinance regulating or prohibiting traffic or parking on any particular streets or in any particular area, or specifying or designating off-street parking lots;

(14)

Any ordinance creating specific funds;

(15)

Any ordinance relating to traffic or obstructions around road projects;

(16)

Any subdivision or zoning ordinances or amendment or variance thereto;

(17)

Any ordinance establishing wards or dealing with the size of the City Council;

(18)

Any ordinance passed after January 30, 1978.

Such repeal shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4.  That any and all additions or amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the "Beardstown City Code," shall be understood and intended to include such additions and amendments.

Section 5.  That a copy of such Code shall be kept on file in the office of the City Clerk, preserved in looseleaf form. It shall be the express duty of the City Clerk or someone authorized by him, to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may from time to time be repealed by the City Council. This copy of such Code shall be considered the official Beardstown City Code.

Section 6.  That in case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 1-9 of such Code shall apply to the section as amended or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the sections so amended, unless such penalty is specifically repealed therein.

Section 7.  That it shall be unlawful for any person, firm or corporation in the City to change or amend by additions or deletions, any section or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Beardstown to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in Section 1-9 of the Beardstown City Code.

Section 8.  That whenever in said Code or in any ordinance of the City, any act or omission is prohibited or is made or declared to be unlawful or a misdemeanor, or whenever in said Code or ordinance the doing of any act or the commission of any omission is declared to be unlawful or a misdemeanor and no specific penalty is provided therefor, and state law does not provide otherwise, the violation of any such provision of such Code or any ordinance shall be a misdemeanor punishable by a term of imprisonment of up to six (6) months or a fine of up to five hundred dollars ($500.00), or both. Unless specifically provided otherwise, or the content thereof so dictates, each day any violation of any provision of said Code or any ordinance shall continue shall contitute a separate offense.

Section 9.  That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 10.  That this ordinance shall be in full force and effect from and after its passage, approval and publication in book or pamphlet form according to law.

/s/  Robert E. Summey

  Mayor

(SEAL)

ATTEST:

/s/  Janice M. Schlueter

  City Clerk