Chapter 1: General Provision

Sec. 1-1. How Code Designated and Cited

The ordinances embraced in the following chapters and sections shall constitute and be designated the
"Municipal Code of the Village of Durand, Illinois," and may be so cited.

State law reference - Revision and codification of Ordinances, Ill. Rev. Stat., Ch. 24, s 1-2-3.

Sec. 1-2. Rules of Construction and Definitions

In the construction of this Code, and of all ordinances, the rules and definitions set out in this section shall
be observed, unless such construction would be inconsistent with the manifest intent of the Board of trustees.
The rules of construction and definitions set out herein shall not be applied to any section of this Code which
shall contain any express provision excluding such construction, or where the subject matter of context of such
section may be repugnant thereto.

Generally. 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 Board of trustees may be fully carried out.

In the interpretation and application of any provision of this Code, they shall be held to be the minimum
requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.
Where any provision of the Code imposes greater restrictions upon the subject matter than the general
provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to
be controlling.

Board, Board of Trustees, Village Board. Whenever the words "Board", "Board of trustees" or "Village
Board" are used, they shall be construed to mean the Board of Trustees of the Village of Durand.

Computation of Time. Whenever a notice is required to be given or an act to be done a certain length of

time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall be
counted in computing the time, but the day on which such proceeding is to be held shall not be counted. Where
the day on which an act is to be done or a proceeding held falls on a Sunday or a legal holiday, said act shall be
done or proceeding held on the next regular business day. Time shall mean Central Standard Time, except
when the State of Illinois is on Daylight Saving Time and then it shall mean Central Daylight-Saving Time.

Corporate or Village Limits. The term "corporate limits" or "Village limits" shall mean the legal
boundaries of the Village of Durand.

County. The words "the county or "this county" shall mean the County of Winnebago in the State of
Illinois.

Delegation of Authority. Whenever a provision appears requiring the head of a department or some other
Village officer to do some act or perform some duty, it is to be construed to authorize the head of the
department or other officer to designate, delegate and authorize subordinates to perform the required act or
perform the duty unless the terms of the provision or section specify otherwise.

Gender. A word importing the masculine gender only shall extend and be applied to females and to
firms, partnerships and corporations as well as to males.

Joint Authority. All words giving a joint authority to three (3) or more persons or officers shall be
construed as giving such authority to a majority of such persons or officers.

Month. The word "month" shall mean a calendar month.

Non-Technical and Technical Words. 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 law shall be construed and understood according to such meaning.

Number. A word importing the singular number only may extend and be applied to several persons and
things as well as to one person and thing.

Oath. The word "oath" shall be construed to include an affirmation 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. "

Officers Generally. Whenever any officer is referred to by title, such as "Village Clerk," "chief of police,"
"President," etc., such reference shall be construed as if followed by the words "of the Village of Durand."

Ordinance. The word "ordinance," whenever used in this Code shall be held and taken to mean the entire
Code, including each and every section thereof and all other ordinances of the Village.

Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant
in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such
building or land.

Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships
and bodies politic and corporate as well as to individuals.

Personal Property. Personal property includes every species of property except real property, as herein

described.

Preceding, following. The words "preceding" and "following" mean next before and next after,
respectively.

Property. The word "property" shall include real and personal property.

Real Property. Real property shall include lands, tenements and hereditaments.

Shall. The word "shall" is mandatory.

Sidewalk. The word "sidewalk" shall mean any portion of a street between the curb line and the adjacent
property line, intended for the use of pedestrians, excluding parkways.

Signature or Subscription. Signature or subscription includes a mark when the person cannot write.

State. The words "the state" or "this state" shall be construed to mean the State of Illinois.

Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes
and all other public ways in the Village, and shall include all areas thereof embraced between the property
lines and dedicated to the public use.

Tenant or Occupant. The word "tenant" or "occupant," applied to a building or land, shall include any
person holding a written or oral lease or who occupies the whole or a part of such buildings or land, either
alone or with others.

Tense. Words used in the past or present tense include the future as well as the past and present.

Village. Village shall mean the Village of Durand, Illinois.

Wholesale, Wholesaler, etc. In all cases where the words "wholesale," "wholesaler," or "wholesale
dealer" are used in this Code, unless otherwise specifically defined, they shall be understood and held to relate
to the sale of goods, merchandise, articles or things in quantity to persons who purchase for purposes of resale,
as distinguished from a retail dealer who sells in smaller quantities direct to the consumer.

Written or in writing . Written or in writing shall be construed to include any representation of words,
letters or figures, whether by printing or otherwise.

Year. The word "year" shall mean a calendar year.

State law reference - Similar rules of statutory construction, Ill. Rev. Stat., Ch. 131, 1 et seq. Revision and
codification of Ordinances, Ill. Rev. Stat., Ch. 24, s 1-2-3

Sec. 1-3. Catch Lines of Sections

The catch lines of the several sections of this Code printed in boldface type are intended as mere
catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections,
nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such
sections, including the catch lines, are amended or reenacted.

Sec. 1-4. 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 subsections or any part thereof, by subsequent ordinances, such
repealed portions may be excluded from the Code by 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 such subsequent ordinances until such time as this Code of Ordinances and subsequent ordinances
numbered or omitted are readopted as a new Code of Ordinances by the Board of Trustees.

Sec. 1-5. Effect of Repeal of Ordinances

When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, such repeal
shall not be construed to revive such former ordinance, clause or provision unless it shall be therein so
expressly provided.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took
effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or
cause of action arising under the ordinance repealed.

Sec. 1-6. Severability of Parts of Code

The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase,
clause, sentence, paragraph or section of this Code shall be declared unconstitutional, invalid or unenforceable
by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality, invalidity or
unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of
this Code.

Sec. 1-7. General Penalty for Violation of Code; Continuing Violations

Whenever in this Code or in any ordinance of the Village any act is prohibited or is made or declared to be
unlawful or a misdemeanor or a violation of this Code, or whenever in such Code or ordinance the doing of
any act is required or the failure to do any act is declared to be unlawful or a misdemeanor or a violation of this
Code, where no specific penalty is provided therefor, the violation of any such provision of this Code or any
ordinance shall be punished by a fine of not more than Seven Hundred and Fifty Dollars ($750.00). Each day
any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate
offense.

State law reference--Limitation on penalties Ill. Rev. Stat., Ch 24, 1-2-1.