Laws and ordinances governing the villiage of Western Springs

Table Of Contents

CHAPTER. PAGE.

1 Actions, Arrests, Trials and Punishments . 5

2 Animals Running at Large . 11

Chapter I. Actions, Arrests, Trials And Punishments

Section i. Actions, suits and prosecutions, for the violation of any village ordinance, may be prosecuted in the name of the Village of Western Springs, before the Village Magistrate, or any Justice of the Peace of the County of Cook and State of Illinois.

Sec. 2. Before any suit shall be brought in the name of the Village of Western Springs for the recovery of any fine, penalty, or forfeiture, except in cases of arrest without process, the person pros¬ ecuting, or some one in his behalf, shall file a written statement, signed by him, substantially as follows :

A - B - to the Village of Western Springs. Dr. to $ - for breach of sec¬ tion - ,of chapter No. - , entitled - of ordinances. In this, to-wit : (Here in

general terms describe the particular breach substantially in the language of the ordinance), on or about the - day of - , A. D. 188 — . Signed, C. D.

Sec. 3. The statement may include several persons charged with the same violation of any ordinance. No suit shall be dis¬ missed for any defect of form in the statement, if it substantially sets forth the nature of the violation alleged. All papers and pro¬ cesses may be amended to show the fact, in the discretion of the court before whom the action is pending.

?91777

LAWS AND ORDINANCES.

Sec. 4. All fines, forfeitures, penalties and costs imposed against any person by any ordinance, for the breach thereof, may be recovered by suit in debt, or other proper form of action, and judgment may be rendered and collected by execution or other process, and all fines and money so collected shall be paid to the Village Treasurer within ten days after its collection. In all actions and suits for the violation of any ordinance, the first process shall be a summons, where arrest upon view, without process, is not made, or a warrant is not issued.

Sec. 5. No prosecution, recovery, or acquittal for the violation of any ordinance, shall constitute a defense to any other prosecu¬ tion of the same party for any other violation of any such ordinance, although the different causes of action existed at the same time, and if united, would not have exceeded the jurisdiction of the court, justice or magistrate.

Sec. 6. Summons shall be substantially in the following form :

State of Illinois, 1

County of Cook, V ss.

Village of Western Springs, \

The people of the State of Illinois to the marshal, any policeman, special po¬ liceman or constable of the Village of Western Springs, or any constable of said

County, greeting : You are hereby commanded to summon A - B - to appear

before me, one of the - , at my office in said Village, on the - day of - ,

A. D. 188 — , at - o’clock - M., to answer the complaint of the Village of

Western Springs, for a failure to pay the said Village a certain demand not ex¬ ceeding two hundred dollars, and hereof make due return as the law directs.

Given under my hand this - day of - , A. D. 188 — .

Sec. 7. Whenever any person shall make complaint in writing, verified by affidavit, to the magistrate, or any justice of the peace, as aforesaid, and shall state in said complaint that any ordinance of said Village of Western Springs has been violated, and that he, the complainant, has reasonable grounds to believe that the person charged in such complaint with such violation is guilty thereof, said magistrate or justice may issue, in the first instance, a warrant for the arrest of the person so charged.

Sec. 8. Warrants shall be substantially in the following form :

State of Illinois,

County of Cook, Village of Western Springs,

The people of the State of Illinois to the marshal, any policeman, special po¬ liceman, or constable of the Village of Western Springs, or any constable of said

ACTIONS, ARRESTS, TRl^/S AND PUNISHMENTS. 7

County, greeting: You are hereby commanded to take the body of A - B -

and bring him forthwith before me, at my office in said Village, to answer the com¬ plaint of the Village of Western Springs for a failure to pay said Village a certain demand not exceeding two hundred dollars, and hereof make due return as the law directs.

Given under my hand this - day of - , A. D. 188 — .

Sec. 9. Whenever any person shall be arrested on view, with¬ out process, and shall be taken before any court, the magistrate or justice shall note upon his docket the cause of such arrest, as stated by the officer making the arrest, and proceed to hear and determine the cause in the same manner as if the defendant had been arrested by a warrant.

Sec. 10. The officer who shall execute any writ or process shall proceed in the execution of his duty in the same manner as constables are required to proceed under the laws of this State, except as changed by this chapter.

Sec. 11. No person shall resist any marshal, policeman or constable in the discharge of his duty, or shall in any way interfere with or hinder or prevent him from discharging his duty as such officer, or shall offer or endeavor to do so ; nor shall in any manner assist any person in custody of any such officer to escape or attempt to escape from such custody, nor shall rescue or attempt to rescue any person in custody.

Sec. 12. The marshal, policemen, and special policemen are hereby severally authorized to arrest, on view, with or without pro¬ cess, any person who may break the peace or violate any ordinance of said Village, and to take such person forthwith before the said magistrate, or any justice of the peace whose office is located in said Village or in said county.

Sec. 13. In case such arrest is in the night or on Sunday, the person arresting may detain the person arrested in custody over night, or over Sunday, in the village calaboose, or any safe place, until such person can be brought before the Village Magistrate or a justice of the peace for trial.

Sec. 14. It shall be the duty of the keeper of the village cal¬ aboose, or keeper of other place of confinement provided for vio¬ lators of said ordinances, to receive, and he is hereby authorized and empowered to receive, from any officer legally empowered to make arrests, any person by such officer arrested, and to safely

LAWS AND ORDINANCES.

keep him until he can be safely brought before the proper court and tried for such offense.

Sec. 15. If for any cause a continuance is granted a defend¬ ant under arrest, he may give special bail for his appearance before the court by having endorsed upon the back of the warrant the following acknowledgment, to-wit :

I, C - D— — acknowledge myself special bail for the within named A -

Witness my hand this - day of - , A. D. 188 — . C. D.

Approved : - , P. M. or J. P.

Which endorsement shall be signed by one or more sureties, to be approved by the court to whom the writ is returnable, or before whom the suit is pending. When arrests are made at night, or on Sunday, the Village Marshal, President of the Board of Trustees, Police Magistrate, or Justice of the Peace may take special bail, in form provided in this section.

Sec. 16. In place of special bail, personal property, or choses in action, of sufficient value to satisfy the probable judgment and costs, may, in the discretion of the court, be taken.

In such case the following shall be endorsed upon the back of the warrant :

I, A - B - , pledge the following property - for my appearance

before C - D - , J. P. or P. M., on the - day of - , 188 — , at — o’clock

— M. on said day, and hereby waive exemption rights in the same.

Witness my hand, this - day of - , A. D. 188 — . A. B.

Approved : - , P. M. or J. P.

Sec. 17. Upon the trial of any cause in which special bail shall have been given, if the defendant shall be found guilty, judg¬ ment shall be rendered against both principal and surety (in the special bail) for the amount of the fine assessed by the court or jury, and all costs that may have accrued. In case personal prop¬ erty or choses in action were given in lieu of special bail, and judgment is rendered against the defendant, execution shall issue and said property be sold under it. Exemption rights shall be waived by making such pledge of said property or choses in action.

Sec. 18. The manner of conducting trials, granting continu¬ ances and changes of venue, subpoenaing witnesses, summoning and impaneling juries, and taking appeals, shall be the same as in civil cases before justices of the peace.

ACTIONS, ARRESTS, TRIALS AND PUNISHMENTS.

Sec. 19. In all cases of trial for violation of any ordinance, either party may have the cause tried by a jury, if he shall so demand before the trial is entered upon, and will first pay the fees of the jurors. The number of jurors shall be six, or any greater number, not exceeding twelve, as either party may desire.

Sec. 20. All officers making arrests shall attend as witnesses before the court where the trial may be had, and shall procure all necessary evidence in their power, and furnish a list of witnesses to the court ; and no village officer shall be entitled to any witness fee to be taxed against the village in any action for a violation of any ordinance where the Village is plaintiff. No costs of any kind shall be taxed against or collected of the Village, in which said Village is plaintiff in any suit brought for the violation of any ordi¬ nance ; but the court may, in its discretion, tax and give judgment for such costs against the prosecuting witness.

Sec. 21. In every case where the trial for the breach of any ordinance shall be by jury, the court shall record the verdict. The amount of the fine, penalty, forfeiture, imprisonment or pun¬ ishment, the limits of which are provided by any ordinance, shall be found by the jury if they find the defendant guilty, and the court shall render judgment in accordance therewith, and the costs of suit. If the verdict shall be “not guilty,” and the defendant is in custody, he shall be discharged.

Sec. 22. Commitment of any person, as provided in this chapter, shall be by process, under the hand of the court which shall have made the order for such commitment.

Sec. 23. In all cases where any person convicted of a breach of any of said ordinances shall fail, neglect, or refuse forthwith to pay any fine or penalty and costs which may be adjudged against him, it shall be competent and lawful for the court before whom such conviction is had to order that such person, so convicted as aforesaid, shall be committed to the jail of Cook County, the vil¬ lage calaboose, or other place provided by said Village for the in¬ carceration of offenders in such cases, there to remain until such fine, penalty, and costs shall be fully paid, or otherwise legally dis¬ charged ; provided, that no such imprisonment shall exceed six months for any one offense. In all cases where any person is so committed to the village calaboose, he shall be required to work for the corporation at such labor as his strength will permit, at any place within the Village, not exceeding ten hours each working day,

LAWS AND ORDINANCES.

and for such work the person so employed shall be allowed, exclu¬ sive of his board, fifty cents for each day’s work on account of such fine and costs.

Sec. 24. No officer, judicial or ministerial, shall in any man¬ ner compromise with any person charged with the violation of any ordinance of this Village without direction by resolution of the Board of Trustees ; nor commute, release, remit, suspend, or di¬ minish any judgment or fine rendered or imposed for violation of any ordinance, nor shall give time for the payment of any such judgment or fine ; but the officer rendering such judgment shall, unless the same be paid immediately upon the rendition of the same, issue the proper process for the collection of such judgment, or for the committal of the person against whom the same was rendered.

Sec. 25. All prosecutions for the violation of any ordinance, or for any fine or forfeiture under the same, shall be commenced within one year and six months from the time of committing the offense or incurring the fine or forfeiture. No period during which the party charged was not usually and publicly resident within the State of Illinois shall be included within the time of limitation. When the proceedings upon any warrant or process for the viola¬ tion of any village ordinance are reversed on appeal, or writ of error, or quashed, set aside or dismissed without a trial on the merits, the time during such pendency of said proceedings shall not be reckoned within the time limited by this section so as to bar new proceedings for the same offense.

Sec. 26. Every person convicted of a violation of any pro¬ vision, clause, or section of this ordinance and its several chapters, or of any ordinance, shall be fined not to exceed two hundred dol¬ lars for each offense.

ANIMALS RUNNING AT LARGE.

Chapter II. Animals Running At Large

Section i. No cows, horses, mules, swine, sheep, goats, geese or cattle of any kind shall be permitted to run at large within the Village of Western Springs.

Sec. 2. Any owner or owners of any such animal or animals,, who shall permit the same to run at large, contrary to the provis¬ ions of section one of this chapter, shall forfeit and pay a penalty of two dollars for each animal so permitted to run at large, together with the costs of impounding, and the expense of sustenance for such animal or animals, when impounded, as hereinafter provided.

Sec. 3. The herding, or tying, or staking out of any animal or animals mentioned in the foregoing section, upon unenclosed lands without the written consent of the owner or person having control of said lands ; or the tying or staking out of any of said animals upon the owner’s own unenclosed land, or upon that of a consenting owner, in such a manner that the said animals can move onto or trespass upon the land of any owner not giving said written con¬ sent, or upon any public street, avenue, alley or sidewalk, shall be deemed running at large.

Sec. 4. The Board of Trustees may, by order or resolution,, establish as many pounds as they may deem proper, each pound to be placed in the charge of a pound-keeper.

Sec. 5. The Board of Trustees may appoint pound-keepers for such pounds, or appoint a policeman to do the duties of a pound-keeper for such time as they may see fit, and such appointment shall be revokable at pleasure.

Sec. 6. It shall be the duty of the pound-keeper, and of any policeman, to take up and impound any animal known to him to be running at large contrary to the provisions of section one of this chapter.

Sec. 7. It shall be lawful for any person over the age of eighteen years, to take up any animal running at large contrary to the pro¬ visions of section one of this chapter, and to take the same to any pound in said Village of Western Springs, and for so doing he shall receive from the Treasurer of said Village, when collected, an im-

LAWS AND ORDINANCES.

pounding fee for each animal so taken up and impounded by him ; and it shall be the duty of the pound-keeper to enter upon his books forthwith, the name and residence of the person so taking any such animal to the pound.

Sec. 8. It shall be the duty of the pound-keeper to receive into the pound all animals brought there in pursuance of the pro¬ visions of sections six and seven of this chapter ; to provide proper sustenance for all animals impounded ; and if such animals are not redeemed within three days after the same are impounded, to make complaint before the police magistrate or any justice of the peace liaving his office in the Village of Western Springs, against the owner of such animal for a violation of section two of this chapter; which complaint shall contain a description of such animal, and when and where impounded.

Sec. 9. Upon filing the complaint provided for in the last section, if the name of the owner is given therein, then the magis¬ trate or justice shall issue a summons, as in case of proceedings for the collection of fines for the violation of other ordinances ; and if judgment be given against such owner, said justice shall order a sale of such animal to satisfy the judgment, costs of suit and ex¬ penses of impounding and sustenance.

Sec. 10. When the owner of any animal impounded shall be unknown, it shall be the duty of the pound-keeper, when the same shall be impounded, to make complaint as provided in section eight of this chapter, against the unknown owner of said animal, describing the animal ; and thereupon the officer before whom said •complaint shall be made shall issue a notice in substance as fol¬ lows, to-wit :

POUND NOTICE.

Whereas, Complaint has been made before me, this day, that the unknown

owner of the following described animals, to-wit : - Impounded at - on the -

day of - A. D. 18 — , has permitted the same to run at large, contrary to the ordi¬

nances of the Village of Western Springs ; Now, therefore, notice is hereby given that a trial will be had upon the said complaint at my office, in the Village of West¬ ern Springs, on the - day of - , A. D. 18 — , at the hour of - M., when and

where the unknown owner may appear and defend, if he sees fit so to do.

Witness my hand this - day of - , A. D. 18 — .

The day named in said notice for trial shall not be less than five nor more than fifteen days from the time of issuing the notice ; and it shall be the duty of the pound-keeper, upon making the

ANIMALS RUNNING AT LARGE.

complaint, forthwith to post three copies of said notice ; one at the pound where the animal is impounded, one at the office of the justice or police magistrate issuing the same, and one at the door of the village hall, or at or near the door of the building used as a village hall, and to return said notice with the time and manner of posting.

Sec. ii. The justice or police magistrate issuing said notice shall enter the cause upon his docket as follows, to-wit : “ The

Village of Western Springs vs. the Unknown Owner of” (here specify the animals), and upon the return of the notice prescribed in the last section like proceedings shall be had as in the case of personal service or appearance ; provided , that in all cases of un¬ known owners the trial shall be a jury trial.

Sec. 12. Upon the rendition of any judgment, as provided in this chapter, the justice of the peace or police magistrate render¬ ing the same shall issue to the pound-keeper an order which shall be in the following form, as nearly as may be :

The People of the State of Illinois to - , Pound Keeper.

We Command You, That of the following described goods and chattels, to-wit :

- the property of - you make the sum of - dollars and - cents debt, and

- dollars and - cents costs, which the Village of Western Springs lately re¬ covered before me, against the said - , and hereof make due return.

Given under my hand this - day of - , A. D. 18 — .

Sec. 13. Upon the receipt of such order the pound-keeper shall immediately post three notices, in like places as provided in section ten of this chapter, in substance as follows :

POUND NOTICE.

Taken up and impounded in the village pound of the Village of Western

Springs, the following described animals : - which, unless redeemed, will be sold

at public auction, for costs, to the highest bidder, at said pound, at the hour of -

o’clock - M., on the - day of - , A. D. 188 — .

- , Pound-Keeper.

The day of sale mentioned in said notice shall be the third day after posting the same, exclusive of Sundays, holidays and election days ; and if said animal is not redeemed, the pound-keeper shall sell the same in accordance with said notice. It shall be the duty of the pound-keeper to return such order, within twenty days, after its date, to the officer issuing the same, with an endorsement showing when and how the same was executed.

LAWS AND ORDINANCES.

Sec. 14. The pound-keeper shall be entitled to the sum of fifty cents for each horse, head of cattle and swine, and twenty-five cents for each sheep, goat or goose impounded ; and he shall be entitled to receive for providing sustenance for each day or part of day the same may be impounded, the following sums, to-wit : fifty cents for each horse and head of cattle, and twenty-five cents for each swine, sheep, goat and goose.

Sec. 15. The police magistrate or justice shall, after deduct¬ ing his fees in the case, from any money he may receive from the sale of any impounded animal, pay to the pound-keeper of the pound wherein the same was impounded, the amount he may be entitled to receive under the provisions of section fourteen of this chapter, and the balance, if any, he shall pay to the treasurer of the Village of Western Springs within ten days after the receipt thereof.

Sec. 16. At any time prior to the date for which the trial shall be set, the owner of any impounded animal may redeem the same by paying to the pound-keeper of the pound in which the same is impounded, such sums as he may be entitled to receive for fees and ■sustenance under the provisions of section fourteen of this chapter, •and all other costs ; provided, that nothing in this section shall authorize the pound-keeper to demand as fees any part of the pen¬ alty provided for in section two of this chapter.

Sec. 17. At any time after judgment, and before the sale thereof, the owner of any impounded animal may redeem the same by paying to the police magistrate or justice by whom the judg¬ ment was rendered, the amount of the judgment and costs, includ¬ ing the amount the pound-keeper may be entitled to receive under the provisions of section fourteen of this chapter ; and the money so paid to the justice shall be by him disposed of as is provided in section fifteen of this chapter.

Sec. 18. When any animal shall have been redeemed before judgment is rendered against the owner, such owner shall be liable to the penalty provided in section two of this chapter, to be collected as other penalties for violation of ordinances.

Sec. 19. No person shall purchase, or be interested, directly or indirectly, in the purchase of any animal by him taken up, im¬ pounded or sold.

Sec. 20. No person shall hinder, delay or obstruct any person ■engaged in taking to any pound in said Village any animal liable 4o be impounded.

ATTORNEY.

Sec. 21. Each pound-keeper shall render to the Board of Trustees, whenever called upon by said Board so to do, and at the last meeting of said Board during each municipal year, a full state¬ ment, under oath, of all animals by him received into his pound, and of those redeemed by the owners ; he shall also keep a record in which he shall enter, from time to time as they occur, all the matters required to be shown in such statement, and upon which he shall take the receipt of the owners for animals redeemed.

Sec. 22. When the surplus proceeds of the sale of any animal, as mentioned in section fifteen of this chapter, shall have been paid to the treasurer, the owner of such animal, upon satisfactory evidence of his right thereto being presented to the Board of Trustees, may have a warrant on the treasurer for such surplus.

Sec. 23. Pound-keepers shall possess and exercise the powers and duties of policemen for the preservation of the public peace, the property of the Village, and all animals impounded.

Sec. 24. No person shall take up, drive or carry to any pound, any animal not legally liable to be impounded.

Sec. 25. Any person violating any clause, section or provision of this ordinance, shall be fined in a sum not exceeding twenty-five dollars.

Chapter III. Attorney

Section i. The attorney shall conduct all the legal business of the Village, and shall draw such ordinances, deeds, leases, con¬ tracts and other papers as may be required of him by the Board of Trustees or any committee thereof.

Sec. 2. He shall when required furnish written opinions upon any subject submitted to him by the Board of Trustees, or any member thereof.

Sec. 3. It shall also be the duty of the attorney to attend all regular meetings of the Board, and any and all special meetings, when requested by the president or any member of the Board of Trustees.

LAWS AND ORDINANCES.

Sec. 4. He shall keep a docket of all actions in courts of record, prosecuted or defended, in which the Village may be a party, and all proceedings had therein, and which shall at all times be open to the inspection of the President or any committee of the Board of Trustees.

Sec. 5. Upon the expiration of his term of office, or resigna¬ tion or removal therefrom, he shall forthwith turn over to his suc¬ cessor in office, all deeds, leases or other papers in his handsr belonging , to the Village, together with a statement showing what action, if any, has been had therein.

Sec. 6. He shall annually, on or before the first regular meet¬ ing in April in each year, report in writing to the Board of Trustees a statement of all suits instituted and pending in Courts of Record, in which the Village is plaintiff or defendant, in which report shall be stated the names of all defendants and plaintiffs, the nature of the action, the date of the commencement, and the several steps that have been taken in court during his term of office to bring such suits to final issue, together with such explanatory remarks as he may see fit to append.

Sec. 7. Said Village Attorney shall be entitled to receive as remuneration for his services, not to exceed the sum of one hun¬ dred dollars per annum. He shall also be entitled to receive from the general treasury such expenses as may be necessary in the per¬ formance of his duties, provided the same are previously author¬ ized to be incurred by the President of the Board of Trustees.

Chapter IV. Boundaries

The corporate limits of the Village of Western Springs in the County of Cook, and State of Illinois, shall embrace and include within the same the following territory, to-wit :

Beginning at a point one quarter of a mile south of the quarter section corner between Sections 5 and 8, Town 38 north, Range 12 east of the 3d P. M.; thence north along the north and south quarter section line to the road known as the Aurora, Naperville and Chicago Road ; thence westerly along the center of said road

CLERK.

to a point one quarter of a mile west of the north and south quar¬ ter line in Section 6 ; thence south parallel with said quarter line to a point one quarter of a mile south of the south line of said sec¬ tion ; thence east on a line parallel with the south line of Sections 5 and 6 to the place of beginning.

The said boundaries include the following named parcels of land, to-wit : The W. y2 of Section 5 ; the N. E. y of Section 6 ; the S. E. y of Section 6;" the E. y2 of the N. W. y of Section 6 the E. ^ of S. W. % of Section 6 ; the N. E. y of N. W. y of Sec¬ tion 7 ; the N. W. y and N. E. y of N. E. y of Section 7 ; the N. W. y and N. E. y of N. W. y of Section 8, Town 38 north, Range 12 east of the 3d P. M.; also all that portion of Sections 31 and 32, Town 39 north, Range 12 east of the 3d P. M., lying south of the center of the aforesaid Aurora, Naperville and Chicago Road.

Chapter V. Clerk

Section i. The Village Clerk shall keep his office at the reg¬ ular place provided for the meetings of the Board of Trustees ; he shall keep the corporate seal and affix the same to all papers which require it ; he shall keep all records and papers belonging to the Village ; he shall attend all meetings of the Board of Trustees, and keep a full record of its proceedings in the regular journal provided for that purpose ; he shall prepare all warrants for the payment of money, and take proper receipts when he delivers the same. He shall make copies of all papers duly filed in his office, and make transcripts from the journals or other records or files in his office, certified by him under the corporate seal whenever necessary in any suit or proceedings, upon request of any officer of the Village who may have use for them in behalf of the Village.