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