Chapter 1-04
CODE ADOPTION—ORGANIZATION
Sections:
1-04-010 Municipal Code of Harvey adopted.
1-04-020 Adoption of chapter and section numbers.
1-04-035 Privileges requiring compliance with code.
1-04-040 Administrative copies—City clerk powers and duties.
1-04-050 Code revisions—Publication.
1-04-060 Distribution of code.
1-04-070 Numbering of code sections.
1-04-080 Definitions for code provisions.
1-04-090 Interpretation of language.
1-04-100 References to sections include penalty references—Exceptions.
1-04-110 Penalty for violation of code.
1-04-120 Maximum fine or penalty.
1-04-130 Offenses having two penalties.
1-04-140 Zoning amendment incorporated.
1-04-170 Liberal construction of provisions.
1-04-010 Municipal Code of Harvey adopted.
Ordinance 2910, consisting of Titles 1 through 17, inclusive, shall be known as the “Municipal Code of Harvey” and shall be treated as a new and original comprehensive code, completely superseding the Municipal Code of Harvey adopted in 1966 and subsequent code amendments adopted prior to December 31, 1994. (Ord. 2190 § 1 (part), 1995)
1-04-020 Adoption of chapter and section numbers.
The corporation counsel shall advise and assist the city clerk in renumbering chapters and sections of any ordinances passed after December 31, 1994 amending the municipal code then in effect, in order to assure that they comport with the numbering system of this code. (Ord. 2910 § 1 (part), 1995)
1-04-030 Effective date.
The Municipal Code of Harvey shall take effect and be in force from and after its passage. (Ord. 2910 § 1 (part), 1995)
1-04-035 Privileges requiring compliance with code.
A. No person or property will be eligible for any privilege, license, permit, or right; for any property, zoning, or subdivision entitlement or relief; or; to bid on city projects or to contract with the city, unless and until:
1. All fines, fees, and any other amounts of any kind then owed to the city by such person are paid in full;
2. All past due or delinquent real estate taxes for such property are paid in full; and
3. Such person or property is in complete compliance with any and all provisions of this code, all other city rules, regulations, ordinances, and resolutions, and all applicable state and federal laws, rules, regulations, and orders.
B. Any bond held by the city for a person may be withheld until all fines, fees, and any other amounts of any kind then owed to the city by such person are paid in full. The city is authorized to withhold all or a portion of the bond to satisfy any and all outstanding amounts owed to the city. (Ord. 3484 § 2, 2024)
1-04-040 Administrative copies—City clerk powers and duties.
A. The city clerk shall keep two copies of this code. These copies shall be preserved by the clerk in a book or binder in looseleaf form, or in such other form as the city clerk may consider most expedient, so that all amendments to the code and all general ordinances hereafter passed may be inserted in their appropriate places in such volumes, and all sections of this code or ordinances repealed from time to time may be extracted therefrom for the purpose of maintaining the two copies in such condition that they will show all general ordinances passed up to date at any time to serve as a current and ready reference.
B. In determining whether any ordinance, or any part thereof, hereafter passed shall be inserted into the code, and in determining the form, title, chapter and section in which it shall be inserted, the city clerk shall be guided by the advice of the corporation counsel. (Ord. 2910 § 1 (part), 1995)
1-04-050 Code revisions—Publication.
Revisions of this code shall be prepared and published at intervals not exceeding six months to reflect any changes in the municipal code during such period. (Ord. 2910 § 1 (part), 1995)
1-04-060 Distribution of code.
A. Two copies of this code shall be deposited with the city’s public library for general public reference and use. Sufficient copies shall be distributed to the mayor, the aldermen, the city clerk, the city comptroller, the city treasurer and the heads of the various agencies and departments of city government for their respective use.
B. The mayor may reciprocate courtesies of other cities and governments by presenting to them a copy of this code bound at city expense in such form as the mayor deems suitable. (Ord. 2910 § 1 (part), 1995)
1-04-070 Numbering of code sections.
Each section number of this code shall consist of three component parts separated by dashes. The figure before the first dash shall refer to the title number, the figure following the first dash shall refer to the position of the chapter within a title; and the figure following the second dash shall refer to the position of the section within its chapter. (Ord. 2910 § 1 (part), 1995)
1-04-080 Definitions for code provisions.
The following words and phrases, whenever used in the ordinances of the city of Harvey, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
“City” means the City of Harvey, Illinois, or the area within the territorial limits of the city, and such territory outside the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.
“City Council” means the city council of the city of Harvey.
“County” means the county of Cook.
“Law” denotes applicable federal law, the constitution and statutes of the state of Illinois, the ordinances of the city, and when appropriate, any and all rules and regulations which may be promulgated thereunder.
“May” is permissive.
“Month” means a calendar month.
“Must” and “shall” are each mandatory.
“Oath” includes 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.”
“Owner” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenancy, tenant by the entirety, of the whole or a part of such building or land.
“Person” includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
“Personal property” includes money, goods, chattels, things in action and evidences of debt.
“Preceding” and “following” means next before and next after, respectively.
“Property” includes real and personal property. “Public way” means any sidewalk, street, alley, highway or other public thoroughfare.
“Real property” includes lands, tenements and hereditaments.
“Sidewalk” means that portion of a street between the curbline and adjacent property line intended for the use of pedestrians.
“State” means the state of Illinois.
“Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the 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.
“Tenant” and “occupant,” applied to a building or land, includes any person who occupies the whole or a part of such a building or land, whether alone or with others.
“Written” includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.
“Year” means a calendar year. (Ord. 2910 § 1 (part), 1995)
1-04-090 Interpretation of language.
A. All words and phrases shall be construed 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.
B. The following grammatical rules shall apply in the ordinances of the city unless it is apparent from the context that a different construction is intended:
1. Gender. Each gender includes the masculine, feminine and neuter genders.
2. Singular and Plural. The singular number includes the plural and the plural include the singular.
3. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.
C. 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 to include all such acts performed by an authorized agent.
D. Whenever in the ordinances of the city 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.
E. Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is a Sunday or a holiday, in which case it shall also be excluded.
F. Headings provided in the various sections of this code are for convenience and reference only and should not be considered part of the text of any section. (Ord. 2910 § 1 (part), 1995)
1-04-100 References to sections include penalty references—Exceptions.
References to any section of this code shall be understood to refer to and include the penalty provision relating thereto, unless otherwise expressly provided. In case of the amendment of any section of this code containing provisions for which a penalty is provided in another section, the penalty so provided in such other section shall be held to relate to the action so amended, whether reenacted in the amendatory ordinance or not, unless such penalty is specifically repealed therein. (Ord. 2910 § 1 (part), 1995)
1-04-110 Penalty for violation of code.
A. Whenever in any section of this code the doing of any act or the omission to do any act or duty is declared to be a violation thereof, and there shall be no fine or penalty declared for such violation, any persons who shall be convicted of any such violation shall be fined as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements.
B. Notwithstanding any other provision of this code to the contrary, a penalty imposed for the violation of any provisions of this code may include or consist of a requirement that the defendant perform reasonable public service. Such public service may include, but shall not be limited to, the removal of litter on public property or the maintenance of public facilities. (Ord. 3494 § 2(B), 2024; Ord. 2910 § 1 (part), 1995)
1-04-120 Maximum fine or penalty.
Whenever in this code a minimum but no maximum fine or penalty is imposed, the court may in its discretion fine the offender any sum of money as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 2910 § 1 (part), 1995)
1-04-125 Collection fees.
All unpaid fees, fines, debts, and other amounts owed to the city and transferred for collection shall include a collection fee as set forth in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements, to offset costs incurred by the city. (Ord. 3494 § 2(D), 2024)
1-04-130 Offenses having two penalties.
In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the corporation counsel may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense. (Ord. 2910 § 1 (part), 1995)
1-04-140 Zoning amendment incorporated.
The comprehensive zoning amendment passed by the city council on December 23, 1982, as amended, is hereby incorporated into this code and shall be numbered appropriately. (Ord. 2910 § 1 (part), 1995)
1-04-150 Scope of repeal.
A. Unless it expressly provides otherwise, no new ordinance that amends or repeals a prior ordinance shall be construed to affect any offense or act committed, or action, penalty or claim arising under the prior ordinance, except that any proceedings after the effective date of any such new ordinance shall conform, insofar as practicable, to the ordinance in effect at the time of the proceedings. If any penalty, forfeiture or punishment is mitigated by provision of a new ordinance, such provision may, by the consent of the party affected, be applied to any judgement entered after the new ordinance takes effect.
B. This section shall extend to all repeals, whether express or by implication, and regardless of whether contained in an ordinance making any new provision upon the same subject or in any other ordinance. (Ord. 2910 § 1 (part), 1995)
1-04-160 Pending actions.
Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the city therein repealed; or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, or as waiving any right of the city under any section or provision of the Municipal Code of Harvey existing at the time of the passage of the ordinance codified in this chapter. (Ord. 2910 § 1 (part), 1995)
1-04-170 Liberal construction of provisions.
All general provisions, terms, phrases, and expressions contained in this code shall be liberally construed in order that the true intent and meaning of the city council may be fully carried out. (Ord. 2910 § 1 (part), 1995)
1-04-180 Severability.
If any part, section, sentence, clause or application of this code shall be adjudged invalid, void and of no effect for any reason, such decision shall not affect the validity of the remaining portions of the titles, chapters, sections or other provisions of this code, or their application to other circumstances. (Ord. 2910 § 1 (part), 1995)