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HomeMy WebLinkAboutOrdinances - MC-09-997 - 12/07/2009 - AMENDING MC CH 1 SECT 1-13 ADDING HOME RULE AUTHOROrdinance No. MC-09-997 An Ordinance Amending the City of McHenry Municipal Code Under the Home Rule Powers of the City of McHenry, Illinois WHEREAS, the City of McHenry, McHenry County, Illinois, has previously passed by ordinance the McHenry Municipal Code and subsequent amendments; and WHEREAS, since the passage of the ordinance establishing the McHenry Municipal Code the City of McHenry has become a home rule municipality; and WHEREAS, it is the desire of the City of McHenry to amend the McHenry Municipal Code pursuant to its home rule powers; and WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the Mayor and City Council find that due to exigent circumstances, this Ordinance shall take effect immediately upon its passage. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTION 1: That all provisions contained in the McHenry Municipal Code, consisting ofthe following chapters, are hereby amended to reflect enactment pursuant to the City's home rule authority as provided in Article VII of the Constitution of the State of Illinois: MCHENRY MUNICIPAL CODE Chapter 1 General Provisions Chapter 2 Administration Chapter 2.50 Adult Uses Chapter 3 Advertising Chapter 4 Alcoholic Beverages Chapter 5 Amusements Chapter 6 Animals and Fowl Chapter 7 Buildings and Building Regulations Chapter 7.50 Code Hearing Department Chapter 7.75 Community Antenna Television Systems Chapter 8 Development in Special Flood Hazard Areas Chapter 9 Devices, Coin -Operated Chapter 10 Fire Protection and Prevention Chapter 10.50 Garage Sales Chapter 11 Health and Sanitation Chapter 12 Licenses and Permits, Generally Chapter 13 Motor Vehicles and Traffic Chapter 14 Offenses - Miscellaneous Chapter 15 Parades, Processions and Public Gatherings Chapter 16 Parks and Recreation Chapter 17 Planning and Zoning Chapter 18 Police Chapter 18.50 Soil Erosion and Sedimentation Control Chapter 19 Solicitors and Transient Merchants Chapter 20 Special Sales (Fire, Going Out of Business Sales) Chapter 21 Streets and Sidewalks Chapter 22 Swimming Pools Chapter 23 Taxation Chapter 24 Trees, Shrubs and Noxious Growths Chapter 25 Vehicles for Hire Chapter 26 Water and Sewers Chapter 27 Wrecked, Junked and Abandoned Vehicles Code Index SECTION 2: That Chapter 1, General Provisions, of the McHenry Municipal Code shall be amended to add Section 1-13, Home Rule Authority, which shall read as follows: Sec. 1-13 Home Rule Authority The McHenry Municipal Code and any amendments thereto constitute an exercise of the City's home rule powers and functions as granted under Article VII, Section 6, of the Constitution of the State of Illinois. SECTION 3: That all of the provisions contained in the McHenry Municipal Code that are the subject of this Ordinance, shall be construed to be a continuation of existing City ordinances and shall not be interpreted as new enactments, except in so far as each provision shall be amended so that the City's home rule authority, as provided in Article VII of the Constitution of the State of Illinois, shall be additional authority for enactment of each provision: SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect_ SECTION 5: Nothing contained in this Ordinance shall be construed or held to repeal a former ordinance, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim, arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before this Ordinance takes effect. SECTION 6: This Ordinance shall be in full force and effect immediately upon its passage. Publication in pamphlet form is hereby authorized as provided by law. Passed and Approved this 7 h day of December, 2009. Voting Aye: SANTI, GLAB, SCHAEFER, BLAKE, WIMMER, PETERSON, CONDON Voting Nay: None Not Voting: None Abstaining: None Absent: None Signed2 ;4= Nffiyor Attest: City Cl k