G40-74 Ordinance No.'G40-74
r AN ORDINANCE
OF THE CITY OF ELGIN, ILLINOIS, PROVIDING FOR THE
DEFINITIONS APPLICABLE GENERALLY TO ORDINANCES OF THE CITY OF ELGIN,
AND PROVIDING FOR RULES Or' CONSTRUCTION FOR THE ORDINANCES
OF THE CITY OF ELGIN, ILLINOIS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. Definitions. The following words and phrases whenever used
in the ordinances of the city of Elgin, Illinois, shall be construed as
defined in this section unless from the context a different meaning is
intended or unless different meaning is specifically defined and more parti-
cularly directed to the use of such words or phrases:
(1) "City" means the city of Elgin, Illinois, or the area within the
territorial limits of the city of Elgin, Illinois, and such territory outside
of the city over which the city has jurisdiction or control by virtue of any
constitutional or statutory provision.
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(2) "Computation of time" means the time within which an act is to be
done. It shall be computed by excluding the first day and including the last
day; and if the last day be Sunday or a legal holiday, that day shall be
excluded.
(3) "Council" means the city council and mayor of the city of Elgin,
Illinois. "All its members" or "all councilmen" mean the total number of
councilmen provided by the general laws of the state of Illinois and the mayor.
(4) "County" means the counties of Kane and Cook, Illinois.
(5) "Law" denotes applicable federal law, the constitution and statutes
of the state of Illinois, the ordinances of the city of Elgin, and when appro-
priate, any and all rules and regulations which may be promulgated thereunder.
(6) "May" is permissive.
(7) 'M3nth" means a calendar month.
(8) "Mist" and "shall." Each is mandatory.
(9) "Oath" shall be construed to include an affirmation or declaration
in all cases in which, by law, an affirmation may be substituted for an oath,
and in such cases the words "swear" and "sworn" shall be equivalent to the
words "affirm" and "affirmed."
(10) "Ordinance" means a law of the city.
(11) "Owner" applied to a building or land includes any part owner, joint
owner, tenant in common, joint tenant or tenant by the entirety, of the whole
or a part of such building or land.
(12) "Person" means natural person, joint venture, joint stock company,
partnership, association, club, company, corporation, business, trust, organi-
zation, or the manager, lessee, agent, servant, officer or employee of any of
them.
(13) "Personal property" include money, goods, chattels, things in action
and evidences of debt.
(14) "Preceding" and "following" mean next before and next after, respec-
tively.
(15) "Property" includes real and personal property.
(16) "Real property" includes lands, tenements and hereditaments.
(17) "Sidewalk" means that portion of a street between the curb line or
the lateral line of a roadway, and the adjacent property line intended for the
use of pedestrians.
(18) "State" means the state of Illinois.
(19) "Street" includes all streets, highways, avenues, lanes, alleys,
courts, places, squares, curbs, or other public ways in this city which have
been or may hereafter be dedicated and open to public use, or such other public
property so designated in any law of this state.
(20) "Tenant" and "occupant," applied to a building or land, includes any
person who occupies whole or a part of such building or land, whether alone or
with others.
(21) Title of Office: Use of the title of any officer, employee, board or
commission means that officer, employee, department, board or commission of the
city.
(22) "Written" includes printed, typewritten, mimeographed or multigraphed.
(23) "Year" means a calendar year.
(24) All words and phrases shall be construed and understood according to
the common and approved usage of the language; but technical words and phrases
and such others as may have acquired a peculiar and appropriate meaning in the
law shall be construed and understood according to such peculiar and appropriate
meaning.
(25) When an act is required by an ordinance the same being such that it
may be done as well by an agent as by the principal, such requirement shall be
construed as to include all such acts performed by an authorized agent.
Section 2. Grammatical interpretation. The following grammatical rules
shall apply in the ordinances of the city of Elgin, Illinois:
(1) Gender. The masculine gender includes the feminine and neuter
genders.
(2) Singular and Plural. The singular and number includes the plural
and the plural includes the singular.
(3) Tenses. Words used in the present tense include the past and the
future tenses and vice versa, unless manifestly inapplicable.
(4) Use of Words and Phrases. Words and phrases not specifically defined
shall be construed according to the context and approved usage of the language.
Section 3. Prohibited acts include causing, permitting, etc. Whenever in
the ordinances of the city of Elgin, any act or omission is made unlawful, it
shall include causing, allowing, permitting, aiding, abetting, suffering, or
concealing the fact of such act or omission.
Section 4. Construction. The provisions of the ordinances of the city of
Elgin, and all proceedings under them are to be construed with a view to effect
their objects and to promote justice.
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Section 5. Repeal shall not revive any ordinances. The repeal of an
ordinance shall not repeal the repealing clause of such ordinance or revive
any ordinance which has been repealed thereby.
Section 6. That section 2-2 entitled "Construction of Words" of the City
Code of the city of Elgin as amended is hereby repealed.
Section 7. That section 2-13 entitled "Revival" of the City Code of the
city of Elgin as amended is hereby repealed.
s/ W. E . Rauschenberger
W. E. Rauschenberger, Mayor
Presented: June 26, 1974
Passed: June 26, 1974
Vote: Yeas 7 Nays 0
Recorded: June 26, 1974
Published: June 26, 1974
Attest:
e"" s/ Margaret A. Clink
Margaret A. Glink, City Clerk
r