1.01 – Code Adoption

This code, consisting of Titles 1 through 18, inclusive, is adopted and enacted as the "Municipal Code," city of St. Charles, Illinois, and shall be treated and considered as a new and original comprehensive code, which shall supersede all other general and permanent ordinances passed by the City Council on or before January 2, 1979, except such as by reference thereto are expressly saved form repeal or continued in force and effect for any purpose.

All provisions of such code shall be in full force and effect from and after January 22, 1980, and all ordinances of general and permanent nature of the city of St. Charles enacted on or before January 1, 1979, and not in such code or recognized and continued in force by reference therein are repealed from and after the effective date of such code, except as provided in this chapter.

The repeal provided for in Section 1.01.020 shall not affect 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; not shall such repeal affect any of the following: 

1. Any ordinance or resolution promising or guaranteeing the payment of money for the city, or authorizing the issuance or any bonds of the city or any contract or obligation assumed by the city; 
2. Any administrative ordinances or resolutions of the City Council not in conflict or inconsistent with the provisions of such code; 
3. Any right or franchise granted by any ordinances of the city; 
4. Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the city; 
5. Any budget or appropriation ordinances; 
6. Any ordinances levying or imposing taxes; 
7. Any zoning ordinance or any amendment thereto; 
8. Any ordinance establishing or prescribing grades in the city; 
9. Any ordinance providing for local improvements and making assessments therefor; 

10. Any subdivision ordinance or amendment thereto;

11. Any ordinance extending or contracting the boundaries of the city;

12. Any building ordinance and amendments thereto;

13. Any electrical ordinances, and any amendments thereto;

14. Any plumbing ordinance and any amendments thereto;

15. Any ordinance establishing the boundaries of any wards in the city;

16. Any ordinance regulating or restricting traffic or parking on particular streets or in particular places;

17. 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 the ordinance codified in this chapter.

All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

A copy of such code shall be kept on file in the office of the city clerk, preserved in loose-leaf 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 indicated 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 available for all persons desiring to examine the same and shall be considered the official code of ordinances of St. Charles, Illinois.

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 "St. Charles Municipal Code" shall be understood and intended to include such additions and amendments.

This chapter shall be in full force and effect from and after its passage, approval and publication according to law.  Publication in book or pamphlet form is authorized.

If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code.  The council declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.

Whenever in said code, or in any ordinance of the city, any act is prohibited or is made or declared to be unlawful or a misdemeanor, 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, 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 five hundred dollars.  Each day any violation of any provision of this code or of any ordinance shall continue shall constitute a separate offense.

In case of the amendment of any section of such code for which a penalty is not provided, the general penalty as provided in Chapter 1.08 of such code shall apply to the section as amended, or in case such amendment contains provisions for which a penalty other than the 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 section so amended, unless such penalty is specifically repealed therein.

It is unlawful for any person, firm or corporation in the city to change or amend by additions or deletions any part or portion of such code, or to insert or delete pages or portions thereof, or to alter or temper with such code in any manner whatsoever which will cause the law of the city of St. Charles to be misrepresented thereby.  Any person, firm or corporation violating this section shall be punished as provided in Section 1.01.080 and Chapter 1.08.