Chapter 1: General Provisions

CHAPTER 1 GENERAL PROVISIONS 1.01 Marengo Municipal Code 1.02 Definitions 1.03 Repeal of Ordinances 1.04 Ordinances Repealed Not Reenacted 1.05 Jurisdiction 1.06 Penalties 1.07 Citations or Hang On-Tickets 1.08 Responsibility for Acts 1.09 Separability of Provisions 1.10 Effective Date 1.11 Copies on File

A. TITLE: This Code of ordinances may be known and cited as the Marengo Municipal Code. Any references to “this Code” or “Code” herein shall also mean the Marengo Municipal Code. B. AMENDMENTS: Any additions or amendments to this Code are incorporated in this Code so that a reference to the Marengo Municipal Code includes such additions and amendments. C. NUMBERING OF SECTIONS: Each section number of this Code shall consist of two component parts separated by a period, the figure before the period referring to the chapter num- ber and the figure after the period referring to the section within the chapter. D. NUMBERING ADDITIONS: The decimal system shall be used for all additions and amendments to this Code. When a chapter or section is added the new chapter or section shall be given a decimal character.

A. Terms used in this Code, unless specifically defined in this Code, have the meanings prescribed by the Illinois Compiled Statutes for the same terms. B. Unless found elsewhere in this Code, terms used herein are defined in Appendix A.

A. All general ordinances or parts previously adopted by the Mayor and City Council, in- consistent with those included in this Code are repealed and the following are specifically continued in full force and effect: 1. Ordinances authorizing contracts or the issue of municipal notes or bonds. 2. Ordinances levying taxes or making special assessments; 3. Ordinances budgeting and appropriating funds or establishing salaries. 4. Ordinances granting franchises or rights to corporations; 5. Ordinances relating to the establishment, dedication, opening, grading, nam- ing, improvement, altering, railroad crossings, widening or vacating of any streets, alleys, sidewalks, parks or public grounds. 6. Ordinances respecting the annexation of territory to the City, or the convey- ance or acceptance or real property or easements in real property; 7. Ordinances authorizing or relating to particular public improvement; 8. Ordinances relating to zoning and subdivisions; 9. Any other special ordinances not in conflict with the provisions of this Code. B. The provisions of this Code, so far as they are the same in substance as those of exist- ing ordinances are continuations of such ordinances and not new enactments. Any act done, offense committed or right accruing or acquired, or liability, penalty, forfeiture or punishment incurred prior hereto shall not be affected, but may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if the repeal had not been effected.

No ordinance or part of any ordinance previously repealed shall not be considered re-ordained or re- enacted by virtue of this Code, unless specifically reenacted. The repeal of any curative or validating ordinance does not impair or affect any cure or validation already effected thereby.

Unless otherwise provided in this Code, this Code applies to acts performed within the corporate limits of the City. Provisions of this Code also apply to acts performed outside the corporate limits and up to the limits prescribed by law where the law confers power on the City to regulate such par- ticular acts outside the corporate limits.

A. STANDARD PENALTY: Unless another penalty is specifically provided by this Code for violation of any particular provision, section or chapter, any person violating any provision of this Code, or any rule or regulation adopted or issued in pursuance thereof, or any provision of any Code adopted herein by reference, shall, upon conviction, be subject to a fine of not less than $25 nor more than $750 and prosecution fees if allowable. B. COMMITMENT: The person upon whom any fine or penalty is imposed for violation of any provision of this Code or any ordinance of the City, upon order of the court before whom the conviction is had, may be committed to the County or State jail, as provided by law, or to any other place provided by statute. C. EACH DAY OF VIOLATION: Each act of violation and each day upon which a vio- lation occurs constitutes a separate offense. D. APPLICABILITY: The penalty provided by this section applies to the amendment of any section of this Code or a Code adopted herein by reference whether or not such penalty is reen- acted in the amendatory ordinance. E. REFERENCE TO SECTIONS: Reference to a section of this Code shall be under- stood also to refer to and include the penalty section relating thereto, unless otherwise expressly pro- vided. F. FAILURE OF OFFICERS TO PERFORM DUTIES: The failure of any officer or em- ployee of the City 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 in the section creating the duty. G. COLLECTION: In the event any fee, including, but not limited to those relating to re- tained personnel, fines, penalties, repair, abatement, restitution and reimbursement, found in any sec- tion of the Code that is due the City and is not paid, the cost of collecting said fee shall be added to the fee. Collection costs shall include, but not be limited to, prosecution and attorney fees.

5-08, 20-01-01, 09-7-2, 06-8-1, 02-2-2, 01-10-6 A. PAYMENTS: Any of the following described offenses may be settled and compro- mised in the following manner: Settlement payment when made within seven days of the time a no- tice is delivered to the offender, as listed in Column A, and settlement payment when made within 14 days of the time a notice is delivered to the offender, as listed in Column B. Provided, however, this settlement and compromise procedure shall not be allowed where the offender has violated the same ordinance two previous times within 12 consecutive months. OFFENSE Column Column A in $ B in $ Alcoholic Beverages, Section 40.02 100 200 Building Violations, other than listed in Chapter 24 100 300 Cannabis, Possession Under 21 Years of Age, Section 43.25-A-1 100 200 Cannabis, Possession Over 21 Years of Age, Section 43.25-A-2 and A-3 First offense 100 200 Second offense in a 12-month period 200 400 Third and any subsequent offense in a 12-month period 300 600 Cannabis, Use, Section 43.25-C First offense 100 200 Second offense in a 12-month period 200 400 Third and any subsequent offense in a 12-month period 300 600 Consumption on Premises, Drinking on Public Streets, Section 33.24B 50 100 Curfew, Section 43.16 25 50 Damaging Property, Section 43.09 100 200 Disorderly Conduct, Section 43.01 100 200 Dogs and Other Animals, Chapter 14 50 100 Drug Paraphernalia, Section 40.03 100 200 Failure to Have a Building Permit, Chapter 24 150 300 Failure to Have a Vehicle License, Chapter 42 150 300 Failure to Display a Vehicle License, Chapter 42 150 300 False Alarm, Section 12.10 25 50 Garage Sale, Section 31.01 25 50 Scavengers, Recyclables, and Refuse, Chapter 13 25 50 Numbering Buildings, per day, Section 6.21 25 50 Liquor, Sale to Persons Under 21 Years of Age, Section 33.27 200 400 Littering, Section 43.10 25 50 Noise, Section 43.08 75 150 OFFENSE Column Column A in $ B in $ Open Burning, Section 12.09 100 200 Parental Responsibility, Section 43.17 100 200 Parking, Chapter 15, except for Sections 15.06-A, 15.06-E, 15.06-F 25 50 Parking, Sections 15.06-A, 15.06-E and 15.06-F 10 25 Parks and Playgrounds, Chapter 8, except for Sections 8.02-8.06 25 50 Parks and Playgrounds, Chapter 8, Sections 8.02-8.06 100 200 Persons Responsible for Unlawful Activities on their Premises, Section 100 200 40.04 Raffle, Section 31.02 50 100 Fireworks, Section 43.06 25 50 Sign Code, Chapter 16 25 50 Streets, Deposit of Dirt and Mud, Section 24.17-C 50 100 Street Gang Activity, Section 40.01 100 200 Soliciting Without a Permit, Section 35.03 500 750 Tobacco Products, Possession Under 21 Years of Age, Section 43.15-C-1 First offense 25 50 Second offense in a 12-month period, after first offense 50 100 Third and any subsequent offense in a 12-month period, after first offense 100 200 Alt. Tobacco Products, Possession Under 21 Years of Age, 43.15-E-1 or 43.15-E-4 First offense 25 50 Second offense in a 12-month period, after first offense 50 100 Third and any subsequent offense in a 12-month period, after first offense 100 200 Traffic, Chapter 15, except moving and parking violations 25 50 Trespassing, Section 43.11 25 50 Water, Emergency Limitations, Section 25.17 25 50 Weapons, Section 43.05 100 200 Unauthorized Use of Parking Space for Persons with Disabilities, Section 250 500 15.08 Weed, Grass Nuisance, Section 12.08 25 50 B. SETTLEMENTS: Settlement payments shall be made to the City Police Department who shall provide the alleged offender with a receipt in the amount of such payment. C. DISPOSITION OF PAYMENTS: The amounts paid to the City Police Department in settlement of the foregoing claims shall be promptly deposited by the City Police Department with the City Treasurer and shall be credited by the Treasurer to the General Fund. D. PROSECUTION: The City shall refrain from prosecuting any alleged offender of the foregoing offenses after receipt of such settlement payment.

Every person concerned in the commission of an act prohibited by this Code, whether he/she directly commits the act, or prosecutes, counsels, aids or abets in its commission, may be prosecuted and on conviction is punishable as if he/she had directly committed such act.

Each section, paragraph, sentence, clause and provision of this Code is separable 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.

This Code of ordinances shall take effect immediately upon its passage. Publication shall be in book form under the authority of the Mayor and City Council, as provided by law.

Copies of this Code shall be kept available at City Hall for public inspection or purchase during City Hall business hours. The cost of said Code shall be determined from time to time by the City Coun- cil.