The Kenilworth code of 1919. Containing all of the general ordinances of the village in force December 8, 1919, together with an appendix containing certain contract ordinances of general public interest

Front matter

THE KENILWORTH CODE OF 1919

Containing all of the General Ordinances of the Village in force December 8, 1919, together with an appendix containing certain Contract Ordinances of general public interest

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Table Of Contents

Chapter Page

I. Board of Trustees 2

II. Village President 4

Appendix

Sanitary District Ordinance ! 221

Telephone Franchises Ordinance 228

Chicago, North Shore & Milwaukee R. R. Contract for Benefit of Park District 233

Water Contract Ordinance 238

Electric Light Franchise Ordinance 245

Gas Franchise Ordinance 257

Ordinance Accepting Deed to Beach 265

The Kenilworth Code of 1919

PASSED DECEMBER 8, 1919.

An Ordinance for Revising and Codifying the General Ordinances of the Village of Kenilworth.

WHEREAS, many ordinances of the Village of Kenilworth have been passed from time to time during the development and growth of said Village but without being published in compact form for the use of its citizens ; and,

WHEREAS,- many of said ordinances, in order to keep pace with the development of said Village, should be amended, amplified and revised and also codified and arranged in chapters and sections for the greater convenience and availability of those who may wish to have access to them, therefore

Be it ordained by the President and Board of Trustees

of the Village of Kenilworth :

CHAPTER I. Board of Trustees

Section 1. REGULAR MEETINGS. The regular stated meetings of the Board of Trustees shall be held on the second Monday in each month of each year, at eight o’clock p. m., at the Assembly Hall or such other place in the Village of Kenilworth as the Board of Trustees shall from time to time direct.

Section 2. SPECIAL MEETINGS. Special meetings may be held at any time, on call of the President or any two or more Trustees ; such call shall be made in writing, duly signed, and shall be presented to the Clerk, who shall proceed immediately to prepare notices of such meeting and shall cause them to be served on the President and members of the Board of Trustees, personally or by mail ; such notices shall describe in brief the nature or objects of the meeting.

Section 3. PRESIDING OFFICER— RULES OF ORDER- QUORUM. At all meetings of the Board of Trustees the President of the Village shall preside, and Roberts’ Rules of Order shall govern the proceedings of the meetings in so far as they are applicable. In the absence of the President, a chairman of the meeting may be chosen by the Trustees present. At all meetings of the Board, four Trustees shall constitute a quorum.

Section 4. MANNER OF VOTING. The yeas and nays shall be taken upon the passage of all ordinances, and upon all propositions to create any liability against the Village, or for the expenditure or appropriation of its money, and in all other cases at the request of any member, which shall be entered on the journal of its proceedings, and the concurrence of a majority of all the members elected of the Board of Trustees shall be necessary to the passage of any such ordinance or proposition ; provided, it shall require two-thirds of all the Trustees elect to sell any Village property.

Section 5. STANDING COMMITTEES. The following shall be the standing committees of the Board of Trustees each of which committees shall consist of a chairman and two other members and which committees, in addition to other duties which may be assigned to them from time to time, shall have general charge, under the Board of Trustees, of the respective matters mentioned under each committee, viz. :

1. Public Service and Building Committee , which shall have charge of the relations of the Village with all public service corporations, the construction or alteration of all public or private buildings and all new legislation.

2. Finance Committee, which shall have charge of the finances of the Village.

3. Streets , Lighting and S average Committee, which shall have charge of the streets, sidewalks, street lighting and all matters relating to the sewerage, drainage and water systems and the removal of garbage, ashes and waste.

4. Police and Fire Committee, which shall have charge of the Police and Fire Departments and the enforcement of all police regulations and fire regulations and of all penal ordinances of the Village.

CHAPTER II. The Village President

Section 1. BOND. The President shall, before he enters upon the duties of his office, execute a bond to the Village of Kenilworth in the sum of three thousand dollars, with sureties to be approved by the Board of Trustees, conditioned as prescribed by law.

Section 2. TO ISSUE COMMISSIONS— PERMITS— LICENSES. He shall sign all commissions and permits granted by the Board of Trustees, and grant all licenses, except as otherwise provided by law and ordinance, and he shall perform such other acts as may be required by law or ordinance.

Section 3. CONDUCT OF VILLAGE OFFICERS— COM- PLAINTS. He shall supervise the conduct of all officers of the Village of Kenilworth, examine the grounds of all reasonable complaints made against any of them, and cause all their violations of duty and other neglects to be reported to the Board of Trustees for correction.

Section 4. APPOINTMENTS— VACANCIES. He shall appoint, by and with the advice and consent of the Board of Trustees, all officers whose appointment is not by the laws of this State or the ordinances of this Village otherwise provided for ; and whenever a vacancy shall happen in any office, which by law or ordinance he is empowered to fill, he shall within thirty days after the happening of such vacancy, communicate to said Board of Trustees the name of his appointee to such office, and pending the concurrence of the Board of Trustees in such appointment, the President may appoint some suitable person to discharge the duties of such office.

Section 5. POWERS RE LITIGATION. He shall sign, and is hereby authorized to sign in behalf of the Village, all instruments necessary to the prompt prosecution or defense of any or all actions brought by or against said Village, including bonds for injunction.

Section 6. DISCHARGE OF PRISONERS— REPORT TO

BOARD. The President shall have the power and authority to release and discharge, at his discretion, any person imprisoned for the violation of any Village ordinance. In each and every case in which such release shall be so made by the President, he shall cause a proper record thereof to be made and notice thereof to be sent to the Village Board, accompanying such notice with a statement setting out his reasons for such release.

Section 7. GENERAL POWERS AND DUTIES. He shall preside at all meetings of said Board, but he shall not vote except in a case of a tie, when he shall give the casting vote, and he shall also perform the duties and exercise the powers conferred by the laws of this State, upon the President of a Village, and such other acts and duties as may be prescribed by ordinance.

Section 8. WARRANTS. The President shall sign all warrants and orders on the Village Treasurer for the payment of money and after the same have been signed by the Clerk shall deliver the same to the Village Treasurer for payment.

Section 9. COMMITTEES. He shall name all standing committees of the Board of Trustees which are required by ordinance and all special committees which may be necessary from time to time or which may be ordered by resolution of the Board of Trustees.

CHAPTER III. The Village Clerk

Section 1. ELECTION. There shall be elected at the annual Village election of 1920, and bi-ennially thereafter, a Village Clerk, who shall have resided within the corporate limits of the Village at least one year next preceding the election at which he is a candidate, and who shall hold the office of Village Clerk for two years and until his successor is duly elected and qualified.

Section 2. BOND. He shall execute to the said Village, a bond in the sum of two thousand dollars, in the usual form, or as is, or shall hereafter be provided by law, with sureties to be approved by the Village Board, said bond conditioned for the faithful performance of his official duties, and he shall also take the customary oath of office before entering upon the duties of his office.

Section 3. OFFICE. He shall keep his office for the transaction of Village business at the Assembly Hall or at such other place in the Village as shall be designated from time to time by the Board of Trustees.

Section 4. SEAL. He shall keep the corporate seal, and affix the same to all papers which require it.

Section 5. KEEP RECORDS— ATTEND MEETINGS. He shall keep all records and papers belonging to the Village, and attend all meetings of the Board of Trustees, and keep a full record of its proceedings in the journal.

Section 6. PREPARE WARRANTS. He shall prepare all warrants on the Treasurer for the payment of money, countersign and deliver the same to the President for his signature and delivery to the Treasurer.

Section 7. CERTIFIED COPIES. He shall make copies of all papers duly filed in his office and transcripts from the journals and other records and files of his office, certified by him under the corporate seal, for use in evidence in courts when required.

Section 8. NOTIFY PERSONS ELECTED. It shall be the duty of the Village Clerk within five days after the result of any election is declared or appointment made, to notify all persons elected or appointed to any Village office, of their election or appointment, and unless such persons shall respectively qualify within ten days after such notice, the office shall become vacant.

Section 9. RECORD, POST, AND PUBLISH ORDI- NANCES. All ordinances passed by the Board of Trustees shall be recorded by the Clerk in a book to be kept for that purpose, before the next regular meeting after their passage. If the ordinance requires posting or publishing, he shall cause the same to be duly posted or published. He shall note, at the foot of the record of each ordinance, a memorandum of the date of its passage, and the date of its approval (if approved) by the President of the Village, and if posted or published, the date of the posting or publishing of such ordinance ; which record and memorandum, or a certified copy thereof, shall be prima facie evidence of the passage and posting or publishing of such ordinance for all purposes whatsoever. The original shall be filed in the office of said Clerk.

Section 10. FILE APPROPRIATION ORDINANCES WITH COUNTY CLERK. He shall, on or before the second Tuesday in August in each year, file with the County Clerk of the County of Cook, Illinois, a certified copy of the ordinance in which the total amount of appropriations for all corporate purposes of the Village of Kenilworth, legally made, are levied and assessed.

Section 11. RECEIVE AND REPORT COMMUNICATIONS TO BOARD. All petitions, remonstrances, bids, bills or other communications, addressed to the Board of Trustees, shall be received by the Clerk and read by him, at the meeting of the Village Board next succeeding their receipt by him, unless otherwise ordered by the Village Board.

Section 12. SURRENDER PROPERTY AT EXPIRATION OF TERM. At the expiration of his term of office for any reason whatever, all moneys, property and effects belonging to said Village of every description in his possession, shall be by him handed over to his successor, or to any other person who may be specially designated by resolution of the Village Board.

Section 13. VACANCY IN OFFICE. In case of the death, removal from Village, or inability of the incumbent of such office, the vacancy thus or otherwise occurring may be filled by appointment, until the next ensuing annual election. Such appointment shall be made by the President of the Village, subject to the approval of a majority of the Board of Trustees.

Section 14. COMPENSATION. Such Village Clerk shall receive no compensation for his services except such as may be voted him by the Board of Trustees in their discretion.

CHAPTER IV. Village Attorney

Section 1. OFFICE CREATED. There is hereby created the office of Village Attorney for the Village of Kenilworth, the term of which office shall be for and during the fiscal year for which the Village Attorney is appointed.

Section 2. APPOINTMENT— TERM OF OFFICE— QUALI- FICATIONS. Such office shall be filled by the appointment of the President of the Village, by and with the approval of a majority of the Board of Trustees, which appointment shall be made within thirty days after the annual installation of the President of the Village, or as soon thereafter as may be, and annually thereafter; and said Village Attorney shall hold his office during the fiscal year for which he is appointed and until his successor is appointed and qualified. Such Village Attorney shall be a regularly licensed and practicing member of the Cook County, Illinois, bar, and shall have resided within the corporate limits of said Village of Kenilworth at least one year next preceding the first day of the fiscal year for which he is appointed.

Section 3. DUTIES. The duties of such Village Attorney shall be to advise the President and Board of Trustees, committees thereof, and officers of the Village, on legal questions; to attend all regular meetings of the Board; to render legal opinions on questions submitted to him; to draft ordinances and legal documents on behalf of the Village when requested to do so by the Board of Trustees ; to prosecute violations of the ordinances ; to appear for and defend such Village in all suits at law or in chancery to which it may be a party, and to perform such other duties in behalf of the municipality as pertains to the office; and at the termination of his term of office the Village Attorney shall make, and file with the Village Clerk, a written report showing the business transacted and the services rendered by him, the compensation received and the status of all pending litigation, unfinished business, and all other material facts of public interest pertaining to the conduct of said office for the preceding fiscal year.

Section 4. COMPENSATION. No regular salary shall attach to this office, but in special cases the board may allow such compensation as the circumstances shall warrant.

Section 5. VACANCY. In case of the death, removal from the Village, or inability of the incumbent of such office, the vacancy thus or otherwise created may be filled by appointment by the President of the Village, by and with the approval of a majority of the Board of Trustees.

CHAPTER V. Village Treasurer

Section 1. OFFICE CREATED. There is hereby created the office of Village Treasurer for the Village of Kenilworth, the term of which office shall be for and during the fiscal year for which the Village Treasurer is appointed.

Section 2. APPOINTMENT-— TERM— QUALIFICATIONS. Such office shall be filled by the appointment of the President of the Village, by and with the approval of a majority of the Board of Trustees, which appointment shall be made within thirty days after the annual installation of the President of the Village, or as soon thereafter as may be, and annually thereafter, and said Village Treasurer shall hold his office for and during the fiscal year for which he is appointed, and until his successor is appointed and qualified. No one shall be appointed to such office of Village Treasurer unless he shall have resided within the corporate limits of the Village of Kenilworth at least one year next preceding the time at which such appointment is made.

Section 3. DUTIES. It shall be the duty of the Village Treasurer in addition to the duties prescribed by law to keep a true and accurate account of all moneys paid into the Treasury, by whom and on what account received ; pay out all such sums of money as may be ordered by the Board of Trustees, and only on warrants therefor signed by the President,, and countersigned by the Village Clerk, and in all such cases such warrants must state upon what particular fund they are drawn.

Section 4. BOOKS TO BE KEPT. The books which must be kept by the Treasurer shall at all times show the exact condition of the moneys under his control, of each account and appropriation, and of all receipts and disbursements, and such books, together with all others belonging to the Village, and in his custody, shall be by him handed over to his successor or to such other person as the Board of Trustees shall at any time direct. The Treasurer shall upon receipt of all moneys enter and apportion the same to the credit of the several accounts upon which such moneys are paid, stating from whom they are received. He shall keep a separate account with each fund or appropriation, stating at the head of each account the amount so appropriated, and giving the several debits and credits belonging thereto.

Section 5. SPECIAL ASSESSMENT ACCOUNTS. He shall also keep an account with each special assessment under its g*eneral description and number, and said account shall show at its head the amount assessed for public benefits and also that for special benefits. All moneys received on any special assessment shall be held by the Treasurer as a special fund to be applied to the payment of the improvement for which the assessment was made, and said money shall be used for no other purpose whatever, except as may have been provided in the ordinance for the improvement.

Section 6. FUNDS TO BE KEPT SEPARATE. No money shall be paid by the Village Treasurer upon any warrant, bond or coupon, except from the moneys belonging to the particular fund or appropriation upon which said warrant shall have been drawn, nor shall money be transferred, by the Treasurer from one fund to another after it has been received by him ; nor appropriated to any other purpose than that for which it has been collected or paid, without a vote of the majority of the Village Board.

Section 7. ACCOUNTS TO BE RENDERED MONTHLY AND ANNUALLY. The Treasurer shall, at the end of each and every month, and oftener, if required, render an account to the Village Board, under oath, showing his receipts and disbursements in detail during the month, and the state and condition of every account not closed in his books, the whole to be a balance sheet, and a complete abstract of the financial affairs of the Village. He shall also annually, between the first and tenth days of May, make out and file with the Village Clerk a full and detailed account of all such receipts and expenditures, and of all his transactions as such Treasurer during the preceding fiscal year, and shall show in such account the state of the Treasury at the close of the fiscal year; which account the Clerk shall immediately cause to be published in a newspaper published in the Village of Kenilworth, and in case there is no newspaper published in said Village, then such statement of account shall be posted in at least three conspicuous public places in said Village.

Section 8. CANCELLED WARRANTS TO BE RETURNED. The Treasurer shall cancel all warrants paid out and redeemed by him, and upon the rendering of any monthly report he shall cause the same to be accompanied by all warrants, duplicate receipts in detail for all moneys received, and such other vouchers as will fully and entirely cover all his transactions for the month of such report. Upon examination and approval by the Finance Committee, the Village Clerk shall take charge of the Treasurer’s report, warrants and vouchers, and shall keep the same on file in his office.

Section 9. BOOKS AND FUNDS TO BE TURNED OVER TO SUCCESSOR. Whenever his term of office shall expire, whether caused by resignation, removal from the Village, or removal from office by said Village Board, the appointment or election of a successor or other cause, it shall be the duty of such Treasurer or person to at once deliver to his successor in office, or such other preson as may be specially designated by resolution of the Village Board, all moneys, property, books and effects of every description in his possession, belonging to said Village or appertaining to his office ; and he shall also at once account for and pay over to such successor or other person so designated, all moneys that he shall be accountable for and owe to said Village in his capacity as Treasurer. Any person who, having acted as Treasurer, shall,, on the expiration of his term of office in any of the ways above mentioned, violate any provision of this ordinance, shall be liable for all damages caused thereby, and shall further forfeit and pay to said Village a penalty of not less than one hundred dollars nor more than two hundred dollars.

Section 10. WHERE BOOKS SHALL BE KEPT. He shall keep all books, papers, vouchers, warrants, documents and all other instruments in writing appertaining to his office, at the Assembly Hall in said Village, or at such other place in said Village as the Board of Trustees may from time to time designate, which said books and documents shall at all times be open to the inspection of the President of the Board of Trustees, any member of the Board of Trustees, the Village Clerk and the Attorney of said Village.

Section 11. BALANCING BOOKS. The books of account herein, provided to be kept by such Treasurer shall be by him properly balanced at least once in each month, in such manner that the same, when so balanced, shall show the true status and condition of each and every account therein shown.

Section 12. BOND. He shall execute, acknowledge, and deliver to the said Village, a bond in the penal sum of ten thousand dollars, in the usual form, or as is, or shall hereafter be provided for by law, with good and sufficient sureties to be approved by the Village Board, said bond conditioned for the faithful performance of his official duties, and shall also take the customary oath of office before entering upon the duties of his office.

Section 13. COMPENSATION. No salary shall attach to this office except as may be voted him by the Board of Trustees in their discretion.

Section 14. VACANCY. In case of the death, removal from the Village, or inability of the incumbent of such office, the vacancy thus or otherwise occurring, may be filled by appointment for the remainder of his unexpired term. Such appointment shall be made by the President of the Village subject to the approval of a majority of the Board of Trustees.

CHAPTER VI. Village Collector

Section 1. VILLAGE CLERK TO BE COLLECTOR, The Village Clerk shall be ex officio Village Collector unless some other person shall be appointed to said office by the President, by and with the approval of a majority of the Board of Trustees. All the duties prescribed by law for Village Collectors shall be performed by him; and in addition thereto, he shall perform all the duties prescribed in the following sections of this ordinance.

Section 2. BOOKS TO BE KEPT. The Village Collector shall keep accurate books and accounts, which shall show in detail all receipts and moneys received by him, with the dates and sources, and showing all matters pertaining to his office in a clear and methodical manner, and shall keep such books as the Village Board may from time to time direct. All such books, accounts and papers pertaining to his office shall be kept at the Assembly Hall, or at such other place as shall be designated from time to time by the Village Board, and shall at all times be open to the inspection of the President of the Village, Village Treasurer, and any member of the Board of Trustees and any committee thereof.

Section 3. EXECUTE WARRANTS. Said Collector shall execute all warrants for special assessments and other warwants, which, by law and the ordinances of said Village, may be directed to him, and shall perform such other duties as now are, or may hereafter be, imposed upon him by law or the ordinances of the Village.

Section 4. PAY OVER MONEY WEEKLY. He shall weekly, and oftener if required by the Board of Trustees, pay over to the Village Treasurer all moneys collected by him from any source whatever, taking such Treasurer’s receipt therefor.

Section 5. SUBMIT MONTHLY AND ANNUAL REPORTS. He shall upon the first day of each and every month, or oftener if required, submit a report in writing to the Village Board of all moneys collected by him, and the account whereon colleeted, and any and all matters connected with his office. He shall also annually, between the first and tenth days of May, file with the Village Clerk a statement of all the moneys collected by him during the year, the particuar warrant, special assessment or account on which collected, and the balance of moneys uncollected on all warrants in his hands.

Section 6. PROHIBITED FROM RETAINING MONEY. The Village Collector is hereby expressly prohibited from keeping the moneys of the Village in his hands, or in the hands of any person or corporation, to his use, beyond the time which may be prescribed for the payment of the same to the Village Treasurer, and any violation of this provision will subject him to immediate removal from office.

Section 7. BOND. In case the Village Clerk shall act as Village Collector, under the provisions of this chapter, his bond as such Village Clerk shall be conditioned also to cover the faithful discharge of his duties as such Village Collector and no additional bond shall be required but in case some other person shall be appointed as such Village Collector he shall give a bond in the penal sum of two thousand dollars conditioned for the faithful discharge of his duties as such Village Collector and with such other conditions as the Board of Trustees may require.

CHAPTER VII. Police Department

Section 1. DEPARTMENT ESTABLISHED— MEMBERS OF. The President and each member of the Board of Trustees, and such policemen and special policemen as the Board of Trustees may appoint, shall constitute the Police Department for the Village of Kenilworth. The President of the Board of Trustees shall be the head of the Police Department and the Village Marshal shall be Chief of Police.

Section 2. DUTIES OF MEMBERS. It shall be the duty of each member of said Police Department to enforce all ordinances relative to preserving the peace, health, good order and quiet of said Village, and to prosecute all violations of any of the ordinances of said Village.

Section 3. APPOINTMENT OF. The Board of Trustees may from time to time appoint as many policemen and special policemen as they shall deem necessary, who shall hold their offices during the pleasure of said Board, but not exceeding the fiscal year in which such policemen are appointed; and in case of emergency, or in times of peril, danger, riot or pestilence, or apprehension thereof, the President of the Village may appoint special policemen to act, subject to the approval of the Board at its next regular meeting.

Section 4. POLICE TO BE TEMPERATE— DISMISSAL FOR INTOXICATION. No perso(n shall be employed as policeman who is not strictly temperate, and in case any person shall be intoxicated while on duty as a policeman, he shall be dismissed immediately from the force, in the discretion of the Board of Trustees.

Section 5. REPORT CRIMES AND VIOLATIONS OF ORDINANCES. It shall be the duty of all policemen and special policemen to report to the Board of Trustees, at the earliest practicable moment, all crimes committed and all violations of the ordinances of said Village.

Section 6. DUTY TO SERVE WARRANTS. They shall have power and authority and it shall be their duty to serve and execute warrants and other process for the apprehension and commitment of persons charged with the violation of any Village ordinance or with any crime or misdemeanor or offense against the peace of the Village or State, or for the arrest of persons to be held for examination in connection with any trial or the commission of any crime or misdemeanor or violation of any law or ordinance of the Village.

Section 7. REPORT ALL ACCIDENTS. It shall be the duty of each and every police officer of the Village, whenever any accident shall occur within the municipal limits of which he has or should have notice or knowledge, when there is a possibility of liability of the Village, to report forthwith in writing to the President of the Village, the place, day and nature of the accident; the hour of the day or night when it occurred ; the condition of the weather, and, if at night whether cloudy, clear or moonlight, and whether the street lamps near by were or were not lighted; the name of the person injured; the extent and nature of the injury suffered and the names of the witnesses.

Section 8. MAKE ARRESTS AND PREFER CHARGES. They shall arrest all persons found in the act of violating any ordinance of the Village, and shall in all cases of arrest take the person arrested immediatley before the Police Magistrate, or some Justice of the Peace of Cook County, Illinois, and prefer a charge against the party so arrested.

Section 9. DUTY OF CITIZEN TO AID POLICE— PEN- ALTY. It shall be the duty of any person in the Village of Kenilworth, when called upon by any member of the Police Department, to promptly aid and assist him in the discharge of his duties. Any person who shall neglect or refuse to give such aid and assistance, shall be fined not less than five dollars, nor more than one hundred dollars for each and every such offense.