Title 1 – Administrative
Last updated September, 2021.
Chapter 1
City Code
SECTION:
| 1-1-1: | Title |
| 1-1-2: | Acceptance |
| 1-1-3: | Amendments |
| 1-1-4: | Construction of Words |
| 1-1-5: | Interpretations |
1-1-1: TITLE: Upon adoption by the Council this City Code is hereby declared to be and shall hereafter constitute the official City Code of the City of Farmington. Any reference made to the number of any Section contained herein shall be understood to refer to the position of the same under its appropriate Chapter and Title heading, and to the general penalty clause relating thereto, as well as to the Section itself, when reference is made to this City Code by title in any legal document.
1-1-2: ACCEPTANCE: This City Code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in all administrative tribunals of this State as the ordinances of the City of general and permanent effect. *1
1-1-3: AMENDMENTS: Any ordinance amending this City Code shall set forth the Title, Chapter and Section number of the Section or Sections to be amended, and this shall constitute a sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this City Code. All such amendments or revisions by ordinance shall be immediately forwarded to Sterling Codifiers, Inc., and the said ordinance material shall be prepared for insertion in its proper place in each copy of this City Code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the City Code within thirty (30) days from the date of its final passage.
1-1-4: CONSTRUCTION OF WORDS: Whenever any word in any Section of this City Code importing the plural number is used in describing or referring to any matters, parties, or persons, any single matter, party, or person shall be deemed to be included, although distributive words may not have been used.
When any subject matter, party or person is referred to in this City Code by words importing the singular number only, or the masculine gender, several matters, parties, or persons and females as well as males and bodies corporate shall be deemed to be included; provided that these rules of construction shall not be applied to any Section of this City Code which contains any express provision excluding such construction or where the subject matter or content may be repugnant thereto.
1-1-5: INTERPRETATIONS: In the determination of the provisions of each Section of this Code the following rules shall be observed:
(A) Intent to defraud: Whenever an intent to defraud is required in order to constitute an offense, it shall be sufficient if an intent appears to defraud any person.
(B) Liability of Employers and Agents: When the provisions of any Section of the City Code prohibits the commission of an act, not only the person actually doing the prohibited act or omitting the directed act, but also the employer and all other persons concerned with or in aiding or abetting the said person shall be guilty of the offense described and liable to the penalty set forth. (1969 Code)
- Not available
Chapter 2
Saving Clause
SECTION:
| 1-2-1: | Repeal of General Ordinances |
| 1-2-2: | Public Utility Ordinances |
| 1-2-3: | Court Proceedings |
1-2-1: REPEAL OF GENERAL ORDINANCES: All general ordinances of the City passed prior to the adoption of the City Code are hereby repealed, except such as referred to herein as being still in force or are by necessary implication herein reserved form repeal (subject to the saving clauses contained in the following Section), from which are excluded the following ordinances which are not hereby repealed: Tax levy ordinances, appropriation ordinances, ordinances relating to boundaries and annexations, franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the City; and all special ordinances.
1-2-2: PUBLIC UTILITY ORDINANCES: No ordinance relating to railroads or railroad crossing with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this City Code or by virtue of the preceding Section, excepting as this City Code may contain provisions for such matters, in which case this City Code shall be considered as amending such ordinance or ordinances in respect of such provisions only.
1-2-3: COURT PROCEEDINGS: No new ordinances shall be constructed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinances or as to any act done, any penalty, forfeiture or punishment so incurred, or any right incurred 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 the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect.
This Section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.
Nothing contained in this Chapter shall be constructed as abating any action now pending under or by virtue of any general ordinance of the City herein repealed and the provisions of all general ordinances contained in this Code shall be deemed to be continuing provisions and not a new enactment of the same provision; nor shall this Chapter be deemed as discontinuing, abating, modifying, or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any ordinance or provision thereof in force at the time of the adoption of this Code. (1969 Code)
Chapter 3
Definitions
SECTION:
| 1-3-1: | Definitions, General |
1-3-1: DEFINITIONS, GENERAL: Whenever the following words or terms are used in this Code they shall have the meanings herein ascribed to them, unless the content makes such meaning repugnant thereto;
AGENT: The word “agent” as used in this Code shall mean a person acting on behalf of another.
CITY: The word “City” as used in this Code shall mean the City of Farmington, Fulton County, State of Illinois.
CODE: The word “Code” unless otherwise specifically stated shall mean this City Code.
EMPLOYEES: The word “employees” shall mean the following: Whenever reference is made in this Code to a City employee by title only, this shall be construed as though followed by the words “of the City of Farmington”.
FEE: The word “fee” as used in this Code shall mean a sum of money charged by the City for the carrying on of a business, profession or occupation.
KNOWINGLY: The word “knowingly” imports only a knowledge that the fact exists which brings the act or omission within the provisions of the Code. It does not require any knowledge of the unlawfulness of such act or omission.
LICENSE: The word “license” as used in this Code shall mean the permission granted for the carrying on of a business, profession or occupation.
MISDEMEANOR: The word “misdemeanor” shall mean any offense deemed a violation of the provisions of this Code, which is a lesser offense than a felony as defined by State law.
NEGLIGENT: The word “negligent” as well as “neglect”, “negligence” and “negligently” imports a want of such attention to the nature of probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concern.
NUISANCE: The word “nuisance” shall mean anything offensive or obnoxious to the health and welfare of the inhabitants of the City; or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the community.
OCCUPANT: The word “occupant” applied to a building or land shall include any person who occupies the whole or any part of such building or land whether alone or with others.
OFFENSE: The word “offense” shall mean any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code.
OFFICERS: Whenever reference is made in this Code to a City officer by title only, this shall be construed as though followed by the words “of the City of Farmington”.
OPERATOR: The word “operator” as used in this Code shall mean the person who is in charge of any operation, business or profession.
OWNER: The word “owner” applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.
PERSON: The word “person” shall mean any individual, partnership, corporation, joint stock association or the State of Illinois or any subdivision thereof, and including any trustee, receiver, assignee, or personal representative thereof. *1
PERSONAL PROPERTY: The term “personal property” shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.
RETAILER: The word “retailer” as used in this Code, unless otherwise specifically defined shall be understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer.
STREET: The word “street” shall include alleys, lanes, courts, boulevards, public square, public places and sidewalks.
TENANT: The word “tenant” applied to a building or land shall include any person who occupied the whole or any part of such building or land whether alone or with others.
WHOLESALER: The words “wholesaler” and “wholesale dealer” as used in this Code, unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in quantity to person who purchase for the purpose of resale.
WILLFULLY: The word “willfully” when applied to the intent, with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire an advantage.
WRITTEN, IN WRITING: The terms “ written” or “in writing” may include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond required by law, it shall be in the proper handwriting of such person, or in case he is unable to write, by his proper mark. (1969 Code)
- S.H.A. Ch. 24, Sec. 1-1-2 (4)
Chapter 4
Penalty
SECTION:
| 1-4-1: | Penalty |
| 1-4-2: | Default, Labor |
| 1-4-3: | License |
| 1-4-4: | Application |
| 1-4-5: | Liability of Officers |
1-4-1: PENALTY
(a) Violations of certain Sections of the City Code or other ordinance shall be categorized into the following classes and subject to the minimum fine amounts as set forth below:
| CLASS 0 | $ 25.00 |
| CLASS 1 | $ 35.00 |
| CLASS 2 | $ 50.00 |
| CLASS 3 | $ 75.00 |
| CLASS 4 | $100.00 |
| CLASS 5 | $200.00 |
| CLASS 6 | $400.00 |
| CLASS 7 | $500.00 |
| CLASS 8 | $750.00 |
| CLASS 9 | $ 75.00 . The alleged violator shall be given one warning per calendar year instead of a fine. If compliance is not achieved within 15 days of the warning, then a fine may be given. A second violation of the same ordinance within the same calendar year will be fined $150.00. A third violation of the same ordinance within that same calendar year will be fined $300.00. A fourth violation of the same ordinance within that same calendar year will be fined of $600.00. |
(b) The following Sections of the City Code are hereby categorized as CLASS 0 offenses, and any conflicting penalty provision previously set forth in the City Code is hereby repealed:
| 5-2-5 | Burning Garbage Prohibited |
| 5-2-6 | Burning Leaves Restricted |
| 6-5-35(D) | Tobacco Possession by a Minor (1st Off.) |
| 9-5-9 | Bicycles/Skateboards in Prohibited Areas |
| 9-5-16 | Two Persons on Bicycle |
| 9-8-1 | No Parking – Designated Places |
| 9-8-2 | No Parking in Restricted Areas |
| 9-8-3 | Time Limit Parking in Restricted Areas |
| 9-8-4 | Parking Violation – Towing of Vehicle |
| 9-8-5 | Parking More Than 12” From Curb |
| 9-8-6 | Parking of Vehicle for Sale |
| 9-8-11 | Parking on Private Property w/o Consent |
(c) The following Sections of the City Code are hereby categorized as CLASS 1 offenses and any conflicting penalty provision previously set forth in the City Code is hereby repealed:
| 6-3-2 | Dog License/Registration Required |
| 6-3-3 | Rabies Inoculation Required |
(d) The following Sections of the City Code are hereby categorized as CLASS 2 offenses and any conflicting penalty provision previously set forth in the City Code is hereby repealed:
| 5-4-1 | Sale/Possession of Fireworks |
| 6-2-8 | Expectorating in Public |
| 6-2-10 | False Pretenses |
| 6-2-14 | Posting of Handbills |
| 6-2-19 | Unlawful Solicitation |
| 6-2-35(D) | Tobacco Possession by a Minor (2nd Off. w/in 12 mo.) |
| 6-3-5 | Dog Running at Large (1st Off.) |
| 6-3-6 | Dog Disturbing the Peace (1st Off.) |
| 6-4-2 | Dangerous Animal |
| 6-4-4 | Animals Running at Large |
| 6-4-6 | Diseased Animals Prohibited |
| 6-5-1 | Curfew – Persons Under 18 Yrs. |
| 6-5-2 | Parent/Guardian Responsibility |
| 6-8-5(A) | Truancy Prohibited – Parental Responsibility |
| 6-8-5(B) | Truancy Prohibited – Childs Responsibility |
| 7-7-2 | Deposit, Dumping of Garbage |
| 7-7-3 | Unapproved or Lack of Container |
| 8-1-6 | Unprotected Excavations |
| 8-1-9 | Obstruction of Street |
| 8-1-11 | Removal of Construction Barricades |
| 8-1-16 | Street Sales Prohibited Without Permit |
| 8-1-23 | Display of Street Numbers |
| 8-7-16(B) | Cemetery – Trespassing Dusk to Dawn |
| 8-9-2(A) | Parks – Trespassers Dusk to Dawn |
| 9-5-10 | Driving on Right Side of Roadway |
| 9-5-17 | Unattended Motor Vehicle |
| 9-5-19 | Clinging to Moving Motor Vehicle |
| 9-5-20 | Toy Vehicles Prohibited on Roadway |
| 9-5-21 | Riding on Running Boards |
| 9-7-2 | Pedestrians Crossing Roadway |
| 9-7-4 | Standing on Sidewalk |
| 9-7-5 | Pedestrian Jay Walking Prohibited |
| 9-7-6 | Pedestrian Walking on Roadway |
| 9-7-6(B) | Hitch Hiking Prohibited |
(e) The following Sections of the City Code are hereby categorized as CLASS 3 offenses and any conflicting penalty provision previously set forth in the City Code is hereby repealed:
| 6-2-20 | Alcohol Consumption on City Owned Property |
| 6-2-23 | Noises Prohibited – General Public (1st Off.) |
| 6-2-35(D) | Tobacco Possession by a Minor (3rd Off. w/in 12 mo.) |
| 7-7-7 | Roll Off Dumpster Violation |
| 8-9-1 | Parks – Motorized Vehicles Prohibited |
| 9-3-1 | Disobey Traffic Sign |
| 9-3-7 | Interfere/Removal of Traffic Sign |
| 9-4-2 | Wrong Way on a One Way Street |
| 9-4-3 | Failure to Stop at a Stop Sign |
| 9-4-4 | Failure to Yield at a Stop Sign |
| 9-5-1 | Improper Turning |
| 9-5-2 | Failure to Signal Turn |
| 9-5-5 | Driving Motor Vehicle on Sidewalk |
| 9-5-6 | Failure to Yield Right of Way |
| 9-5-7 | Following a Fire Dept Vehicle to a Scene |
| 9-5-8 | Driving Over a Fire Hose Without Permission |
| 9-5-11 | Improper Passing |
| 9-5-14 | Failure to Yield to Emergency Vehicle |
| 9-5-15 | Obstructing Traffic/Roadway |
| 9-5-26 | Improper Backing |
| 9-5-29 | Exceeding Posted Load Limits |
| 9-5-31 | Following Too Close |
| 9-5-33 | Unlicensed Motor Vehicles on Roadway |
| 9-5-34 | Texting While Driving |
| 9-5-36 | Seat Belt Required |
| 9-6-4 | Speeding Over the Posted Limit |
| 9-6-6 | Speeding in a School Zone |
| 9-7-1 | Right of Way to Pedestrians |
| 9-7-7 | Blind Pedestrians Have Right of Way |
| 9-8-2(A) | No Parking – Snow Accumulation over 2” |
| 9-8-4 | Parking Violation – Towing of Vehicle |
| 9-8-14 | Parking in Handicapped Spot w/o Permit |
| 9-9-1 | Equipment – Obstructed Vision |
| 9-9-2 | Excessive Gas and Smoke Emitted |
| 9-9-3 | Unnecessary Noise – Motor Vehicle |
| 9-9-4 | Driving Unsafe Vehicle Prohibited |
| 9-9-5 | Spilling Load on Roadway |
| 9-9-6 | Inoperable Motor Vehicle Equipment |
| 9-9-7 | Exceeding Width, Length or Height Limits |
| 9-9-8 | Exceeding Weight Limit |
(f) The following Sections of the City Code are hereby categorized as CLASS 4 offenses and any conflicting penalty provision previously set forth in the City Code is hereby repealed:
| 3-2-9(A) | Liquor – Violate the Laws of State of Illinois |
| 3-2-12 | Failure to Report Fights to Liquor Commission |
| 3-2-12 | Bar Closing Time Violation |
| 3-2-16 | Sale of Alcohol to Minor |
| 3-2-16A | Consumption/Possession of Alcohol by Minor |
| 3-6-1 | No Peddlers License |
| 5-3-3 | Manufacture of Explosives Prohibited |
| 6-2-2 | Cruelty to Animals |
| 6-2-3 | Assault |
| 6-2-4 | Battery |
| 6-2-5 | Discharge of Firearms/Fireworks |
| 6-2-7 | Disorderly Conduct |
| 6-2-9 | Injurious Materials on Thoroughfares |
| 6-2-12 | Loud Mufflers – Unnecessary Noise |
| 6-2-13 | Aid to an Offense |
| 6-2-15 | Malicious Damage to Property |
| 6-2-16 | Resisting Officer |
| 6-2-17 | Failure to Disperse/Riot |
| 6-2-18 | Trespassing Private Property |
| 6-2-21 | Obscenity |
| 6-2-22 | Distributing Harmful Material to Minor |
| 6-2-23 | Noises Prohibited – Liquor Establishments (1st Off.) |
| 6-2-35(A) | Tobacco Possession by a Minor (1st Off.) |
| 6-2-35(B) | Tobacco Possession by a Minor (1st Off.) |
| 6-2-35(C) | Tobacco Possession by a Minor (1st Off.) |
| 6-3-2 | Dog License/Registration Required (2nd Off. w/in 12 mo.) |
| 6-3-5 | Dog Running at Large (2nd Off.) |
| 6-3-6 | Dog Disturbing the Peace (2nd Off.) |
| 7-8-1 | Mosquito Control and Abatement |
| 8-1-16 | Street Sales Prohibited Without Permit |
| 8-9-1 | Parks – Motorized Vehicles Prohibited (2nd Off. and Later Off.) |
| 9-5-33 | Unlicensed Motor Vehicles on Roadway (2nd Off.) |
| 9-10-2 | Leaving the Scene of an Accident |
| 9-10-3 | Reckless, Negligent or Careless Driving |
(g) The following Sections of the City Code are hereby categorized as CLASS 5 offenses and any conflicting penalty provision previously set forth in the City Code is hereby repealed:
| 6-2-23 | Noises Prohibited – Liquor Establishments (2nd Off.) |
| 6-2-23 | Noises Prohibited – General Public (2nd Off.) |
| 6-2-35(A) | Tobacco Possession by a Minor (2nd Off. w/in 12 mo.) |
| 6-2-35(A) | Tobacco Possession by a Minor (2nd Off. w/in 12 mo.) |
| 6-2-35(C) | Tobacco Possession by a Minor (2nd Off. w/in 12 mo.) |
(h) The following Sections of the City Code are hereby categorized as CLASS 6 offenses and any conflicting penalty provision previously set forth in the City Code is hereby repealed:
| 6-2-21 | Obscenity (2nd Off.) |
| 6-2-27 | Possession of Marijuana |
| 6-2-28 | Possession of Drug Paraphernalia |
| 6-2-32 | Possession of Synthetic Alternative Drug |
| 6-2-33 | Use of Synthetic Alternative Drug |
| 6-2-35(A) | Tobacco Possession by a Minor (3rd Off. w/in 12 mo.) |
| 6-2-35(B) | Tobacco Possession by a Minor (3rd Off. w/in 12 mo.) |
| 6-2-35(C) | Tobacco Possession by a Minor (3rd Off. w/in 12 mo.) |
(i) The following Sections of the City Code are hereby categorized as CLASS 7 offenses and any conflicting penalty provision previously set forth in the City Code is hereby repealed:
| 6-2-31 | Sale or Delivery of Synthetic Alternative Drug |
| 6-3-16 | Possession of Vicious Dog Prohibited |
(j) The following Sections of the City Code are hereby categorized as CLASS 8 offenses and any conflicting penalty provision previously set forth in the City Code is hereby repealed:
| 9-10-1 | Driving Under Influence Drug/Alcohol |
(k) The following sections are hereby categorized as CLASS 9 offenses and any conflicting penalty provision previously set forth in the City Code is hereby repealed:
| 6-4-3 | Animal Noises – Disturbing the Peace |
| 6-4-7 | Housing Non-Domestic Animals |
| 6-7-1 | Weeds Prohibited |
| 7-7-6 | Accumulation of Garbage |
| 6-6-2 | Inoperable Motor Vehicle |
| 6-6-3 | Leaving Abandoned Vehicle on City Street |
| 7-5-1 | Public Nuisance Declared |
| 6-7-4 | Weeds – Failure to Abate (Remove or Cut Down) |
(l) Any person convicted of a violation of any Section of the City Code not categorized in the preceding paragraphs, or any Section of the City Code for which another penalty is not specifically provided, shall be fined in a sum not to exceed five hundred dollars ($500.00) for any one offense.
(m) If the minimum fine amounts are not paid within the allotted time (15 days) and court action is required to enforce the violation, the City is not limited in seeking up to the statutory maximum.
1-4-2: DEFAULT; LABOR: Any person in default of payment of any fine or cost imposed may be committed to the City or County Jail until the fine, penalty and costs are fully paid. Any person imprisoned under the provisions of the Chapter may be put to work for the benefit of the City for the term of his imprisonment. The committed person shall be allowed, exclusive of board, a credit of five dollars ($5.00) for each day’s work. *3
No female prisoner shall be required to work in public, nor shall any prisoner be required to work on Sunday.
1-4-3: LICENSE: When a person is convicted of a violation of any Section of the City Code any license previously issued to him by the City may be revoked by the Court or by the Council.
1-4-4: APPLICATION: The penalty provided in this Chapter shall be applicable to every Section of this City Code the same as though it were a part of each and every separate Section. Any person convicted of a violation of any Section of the City Code where any duty is prescribed or obligation imposed, or where any act, which is of a continuing nature or declared to be unlawful, shall be deemed guilty of a misdemeanor. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this City Code.
In all cases where the same offense is made punishable or is created by different clauses or Sections of the City Code the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
Whenever the doing of any act or the omission to do any act constitutes a breach of any Section or provision of the City Code and there shall be no fine or penalty specifically declared for such breach, the provisions of this Chapter shall apply and a separate offense shall be deemed committed upon each day during or on which a breach or violation occurs or continues.
1-4-5: LIABILITY OF OFFICERS: No provision of the City Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the Council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the Section creating the duty. (1969 Code)
- S.H.A. Ch. 24, Sec. 11-3-2.
- S.H.A. Ch. 24, Sec. 1-2-1 amd. 1963
- S.H.A. Ch. 24, Sec. 1-2-9 amd. 1963
Chapter 5
Council
SECTION:
| 1-5-1: | Regular Meetings |
| 1-5-2: | Special Meetings |
| 1-5-3: | Quorum |
| 1-5-4: | Attendance of Aldermen; Penalty |
| 1-5-5: | Order of Business |
| 1-5-6: | Rules |
| 1-5-7: | Addressing City Council |
1-5-1: REGULAR MEETINGS: The regular meeting of the City Council shall commence; and be held in the City Chambers of the City Hall on the first Monday and the third Monday of each month at seven o’clock (7:00) p.m., provided that when said meeting shall be a public holiday or a day upon which shall be held a general election, the Council shall meet in the following day at the same hour. (Ord. 89-03, 7-3-89)
1-5-2: SPECIAL MEETINGS: The Mayor or any three (3) members of the Council may call special meetings of the Council by filing in the office of the Clerk a statement in writing stating the object and purpose of such special meeting and directing the Clerk to give notice of the same to each member of the Council. Said notice shall be prepared by the Clerk and shall state the object and purpose of the meeting, the time of meeting and shall be served personally on, or left at the usual place of abode of each member of the Council by the Clerk or someone duly authorized by him to serve same. No business other than that stated in the notice shall be transacted at such special meeting. *1 (R.O. 1911, Sec. 7)
1-5-3: QUORUM: The Mayor shall take the chair promptly at the time set for any meeting and call the Council to order; a majority of Aldermen then holding office shall constitute a quorum to do business; or the presence of three Aldermen then holding office plus the Mayor shall also constitute a quorum to do business; and if a quorum is not present those present shall adjourn until an announced time. In case of absence of the Mayor at the time set for any meeting, then some member of the Council shall call the same to order and the Council shall elect one of its own members chairman pro-tem and like proceedings shall be had. (R.O. 1911, Sec. 8) (Ordinance 2013-07, 07/15/13).
1-5-4: ATTENDANCE OF ALDERMEN; PENALTY: It shall be the duty of each Alderman to attend promptly at each regular and special meeting of the Council, at the hour appointed for such meetings; provided, that sickness of any Alderman or any member of his family, or absence from the City of such Alderman shall be deemed a sufficient excuse for not attending any regular or special meeting of such Council. *2 (R.O. 1911, Sec. 9)
1-5-5: ORDER OF BUSINESS: The business to come before the Council at any regular meeting shall take precedence as follows:
- Roll call. Reading of previous regular and special meetings; also amendments or corrections of same.
- Presentation of Petitions.
- Presentation of Claims.
- Reports of Officers.
- Reports of Standing Committees.
- Communications.
- Unfinished business.
- New Business. (R.O. 1911, Sec 10)
1-5-6: RULES: The following rules are hereby adopted by the Council and shall be observed at all times:
Rule 1. The Mayor shall call the members of the Council to order at the time appointed for the meetings, and shall order the roll call pursuant to the provisions of this code.
Rule 2. A majority of the members-elect shall constitute a quorum for the transactions of business.
Rule 3. All petitions presented to the Council shall be in writing.
Rule 4. All questions of priority of business shall be decided without debate.
Rule 5. While a question is being put no person shall pass across the floor or out of the room.
Rule 6. Every member desiring to speak shall first address the Mayor, and shall proceed only when recognized by him or her.
Rule 7. When a question is stated, every member present shall vote, unless excused by the Council, or unless directly interested in the question, in which case he shall not vote.
Rule 8. No motion shall be entertained unless seconded, and if any member requested it, it shall be reduced to writing.
Rule 9. A motion to adjourn shall always be in order and shall be decided without debate.
Rule 10. For votes not required or requested by the Mayor or any Council member to be a roll call vote, the Mayor will simply ask for all those in favor of supporting a particular measure to say “aye” and then ask the opposed to say “nay”.
For roll call votes, the Clerk shall call first for the vote of the Council member making the particular motion, then call for the vote of the Council member seconding said motion, and then call for the vote of the remaining members proceeding left to right, starting at the left hand of the person who made the motion. (Ordinance No. 2009-08 Adopted 8/13/09).
Rule 11. The “yeas” and “nays” vote may be required by any member of the Council upon any question before the Council, but such “yeas” and “nays” vote must be called for by said member previous to taking the vote.
Rule 12. All committees shall be appointed by the Mayor unless otherwise directed.
Rule 13. All Council committee’s reports shall be in writing addressed to the Council.
Rule 14. The Clerk shall forward all papers to the proper committees and officers within one day after reference is made.
Rule 15. No petition for the remission of a fine under any provision of this Code shall be considered after reception, without a vote of two-thirds (2/3) of the Council, nor without the petition signed by the authority imposing such fine.
Rule 16. When a motion or resolution has been stated by the Mayor, it shall be deemed to be in possession of the Council, but by consent of the Council may be withdrawn any time before it is acted upon.
Rule 17. When a blank is to be filled and different sums or times are proposed the question shall first be put upon the largest sum or the longest time.
Rule 18. When a question is under debate, no motion shall be entertained, unless for the previous question, or to lay on the table, to refer, to postpone indefinitely, to adjourn to a certain day, to amend, or to adjourn the Council.
Rule 19. The “previous question” shall be put as follows: “Shall the main question be now put?”.
Rule 20. When the Council adjourns, the members shall keep their seats until the Mayor, or other presiding officers, shall have left the chair.
Rule 21. If the question under debate contains several distinct propositions, it shall be divided upon the request of any member.
Rule 22. When the amendments are offered to any question before the Council, the vote shall first be taken upon the amendment last proposed.
Rule 23. The acting Mayor, when selected from the Council, shall not be deprived of his right to vote or debate, but shall place some member in the chair if he desires to speak on a question.
Rule 24. The rules and order of business shall not be suspended, unless for some stated and specific purpose, and no other business shall be in order excepting the business for which the rules were suspended, and after disposing of the business for which the rules were suspended, the rules and regular order of business of the Council shall then be in force.
Rule 25. On all questions nor specifically covered by the foregoing rules of order, form number 1 to 28, inclusive, the usual, customary and well-established rules governing parliamentary bodies shall prevail. (R.O. 1911, Sec. 10)
Rule 26. When any motion, resolution, or proposed ordinance, has been passed upon by the Council, the same may be reconsidered at the same or any subsequent regular meeting, or special meeting with proper notice, upon the motion of any alderman who voted with the majority in the prior consideration; provided that a motion shall not be entertained unless there be present at least as many aldermen as were present when the question was previously passed upon, and provided that any matter requiring approval or recommendation to the Council by any commission or agency of the City of Farmington shall not be reconsidered more than two (2) times, such reconsideration to not be allowed after more than six (6) months form the date of initial consideration by the Council. (Ord. 78-9, 9-5-78)
1-5-7 ADDRESSING CITY COUNCIL AND COUNCIL COMMITTEES:
Persons who wish to address the City Council or any of its committees on any matter may request recognition prior to the meeting, or during the General Comments portion of the Agenda, or if the matter relates to a specific agenda item, during the discussion of that item. The Mayor (or Chair of the Committee in the case of a Committee meeting) will attempt to accommodate such requests to the extent practicable by directing that such requests shall be heard during General Comments during debate on a specific item.
During the General Comment portion of the City Council meetings, if any, all public comments are limited to five (5) minutes per individual. Individuals are directed to be brief and concise in making their remarks and to address topics directly relevant to business of the City Council. Public comment is not intended to require City Council or Committee members to provide any answer to the speaker.
Nothing herein is intended to limit or restrain negative, positive, or neutral comments about the manner in which an individual employee, officer, official, or council member carries out his or her duties in public office or public employment of the city.
- S.H.A. Ch. 24, 3-11-13
- Not available
Chapter 6
Mayor
SECTION:
| 1-6-1: | Mayor Elected |
| 1-6-2: | Appointment of Officers |
| 1-6-3: | Supervisor of Officers |
| 1-6-4: | Signature |
| 1-6-5: | Revocation of Licenses and Permits |
| 1-6-6: | Release of Prisoners |
1-6-1: MAYOR ELECTED: The Mayor, the chief executive officer of the City, shall be elected as provided by law. *1 (1969 Code)
1-6-2: APPOINTMENT OF OFFICERS: The Mayor shall appoint, by and with the advice and consent of the Council, all officers of the City not elective, or whose appointment shall not be otherwise provided for by law, and whenever a vacancy occurs in any office, which by law he is empowered to fill, he shall appoint, with the advice and consent of the Council, some person to fill such vacancy, and for that purpose he shall, at first regular meeting of the Council after such vacancy occurs, present to the Council a nominee for such vacancy; and shall immediately, upon the occurrence of said vacancy, designate some person to discharge the duties of said office until said vacancy is filled; provided, the term of office of all officers appointed by the Mayor shall expire with the municipal year during which said appointment was made.
1-6-3: SUPERVISION OF OFFICERS: The Mayor shall supervise the conduct of all the officers of the City and shall examine the grounds of all reasonable complaints made against any of them, and cause their violations of duty and other offenses, if any, to be promptly punished. (R.O. 1911, Sec. 3)
1-6-4: SIGNATURE: The Mayor shall sign all licenses and permits granted by the authority of the Council, except as otherwise provided by law or ordinance. *3 (R.O. 1911; Sec. 3)
1-6-5: REVOCATION OF LICENSES AND PERMITS: The Mayor shall have power to revoke any license or permit granted, by virtue of provisions of the Code or for any gross misconduct by the license, or his agents; provided, that the party aggrieved may appeal to the Council at the next regular meeting, when, if the majority of all the members-elect to the Council so vote, said license shall again become valid and of full force and effect. (R.O. 1911, Sec. 4)
1-6-6: RELEASE OF PRISONERS: The Mayor shall have the power and authority to release and discharge, at his discretion, any person imprisoned for the violation of any provisions of this Code. In each and every case in which such release and discharge shall be made so by the Mayor, he shall cause a proper record thereof to be made on the docket of the committing magistrate, and shall report same in writing to the next regular meeting of the Council, with a statement setting out his reason for such release and discharge. *4 (R.O. 1911, Sec. 5)
- S.H.A. Ch. 24, Sec. 3-4-1 and 3-4-2
- S.H.A. Ch. 24, Sec. 3-7-2 amd. 1963
- S.H.A. Ch. 24, Sec. 3-11-5
- S.H.A. Ch. 24, 3-11-2.
Chapter 7
Clerk
SECTION:
| 1-7-1: | Clerk Elected |
| 1-7-2: | Duties |
| 1-7-3: | Salary |
1-7-1: CLERK ELECTED: The Clerk of the City shall be elected as provided by law. *1
1-7-2: DUTIES: The clerk shall perform the duties imposed on him by statute, including but not limited to:
(A) Keeping the Corporate Seal.
(B) Keeping all the papers belonging to the Municipality, the custody and control of which are not given to other officers.
(C) Attending all meetings of the corporate authorities, and keeping a full record of all proceedings. In addition, the Clerk shall perform the following duties set forth in subsections (D) through (I).
In addition, the Clerk shall perform the following duties:
(D) Attest the mayoral signature on official documents, ordinances and resolutions.
(E) Countersign drafts and checks with the Mayor.
(F) File minutes of all corporate proceedings, and all ordinances.
(G) Publish ordinances and legal notices as required by law or directed by the City Council.
(H) Perform any duties required by State statute, including necessary election duties not performed by the County Clerk.
(I) Perform such other duties as might be assigned by the City Council.
1-7-3: SALARY: The City Clerk shall receive a salary of one thousand five hundred dollars ($1,500.00) per year. (Ord. 84-12, 12-31-84, eff. 5-85)
- S.H.A. Ch. 24, 3-4-1 and 3-4-2.
Chapter 8
Treasurer
SECTION:
| 1-8-1: | Treasurer Elected |
| 1-8-2: | Duties |
| 1-8-3: | Monthly Accounts |
| 1-8-4: | Books of Accounts |
| 1-8-5: | Receiving of Money; Accounts; Receipts |
1-8-1: TREASURER ELECTED: The treasurer shall be elected as provided by law. (Ord. 78-8, 8-7-78) UPDATE: SEE CITY CODE 1-11-2
1-8-2: DUTIES: The Treasurer shall receive all moneys belonging to the City, and shall keep his books and accounts in such a manner as shall exhibit at all times the true financial condition of the City. *1 (R.O. 1911, Sec. 30)
1-8-3: MONTHLY ACCOUNTS: The Treasurer shall render at the end of each month, and oftener if required, a statement, under oath, to the Council showing the state of the Treasury at the date of such account, and the balance of the money in the Treasury. Such statement shall set forth all the moneys received by him, and from whom, and on what account they shall have been received; also, all moneys paid out by him, and on what account they shall have been paid. *2 (R.O. 1911, Sec. 31)
1-8-4: BOOKS OF ACCOUNTS: The Treasurer shall cause to be kept books of accounts, in such a manner as to show with entire accuracy, all moneys received by him, and from whom, and on what account they shall have been received; and all moneys paid out by him, and on what account they shall have been paid, and in such manner that such books may be readily understood and investigated. Such books, and all papers and files of his office, shall be at all times open to examination of the Mayor, Committee on Finance, or any member of the Council. (R.O. 1911, Sec. 32)
1-8-5: RECEIVING OF MONEY; ACCOUNTS; RECEIPTS: The Treasurer shall receive all moneys belonging to the City, and shall keep a separate account of each fund or appropriation and debits and credits belonging thereto. He shall give to every person paying money into the Treasury a receipt thereof, specifying the date of payment, and upon what account paid. and he shall file copies of such receipts with the Clerk at the date of his monthly report. *3 (R.O. 1911, Sec. 33)
- S.H.A. Ch. 24, Sec. 3-10-1
- S.H.A. Ch. 24, Sec. 3-10-2
- S.H.A. Ch. 24, Sec. 3-10-4 and 5
Chapter 9
Attorney
SECTION:
| 1-9-1: | Appointment |
| 1-9-2: | Legal Adviser |
| 1-9-3: | Drafts or Ordinances |
| 1-9-4: | Contracts, Deeds |
| 1-9-5: | Papers |
| 1-9-6: | Prosecution and Defense of Suits |
| 1-9-7: | Collection of Judgement |
| 1-9-8: | Prosecution for Violation of Ordinances |
| 1-9-9: | Power to Dismiss and Compromise |
| 1-9-10: | Appeals form Justices |
| 1-9-11: | Docket of Cases |
| 1-9-12: | Written Opinions |
| 1-9-13: | Annual Report |
| 1-9-14: | Delivery of Papers to Successor |
1-9-1: APPOINTMENT: The City Attorney shall be appointed by the Mayor, with the advice and consent of the Council. (1969 Code) *1
1-9-2: LEGAL ADVISER: The City Attorney shall be the legal adviser of the City; he shall, when required, advise the Council or any City officer in all matters of law in which the interests of the corporation are involved. He shall, when required by the Mayor, Council or any committee thereof, furnish legal opinions upon any subject submitted to him pertaining to the City or its interests. (R.O. 1911, Sec. 35)
1-9-3: DRAFTS OF ORDINANCES: The City Attorney shall draft such ordinances as may be required of him by the Council or by any committee thereof. (R.O. 1911, Sec. 36)
1-9-4: CONTRACTS, DEEDS: The City Attorney shall draw any deeds, leases, contracts, or other papers required by the business of the City, when requested so to do by the Mayor, the Council or any committee thereof. (R.O. 1922, Sec.37)
1-9-5: PAPERS: The City Attorney shall examine and pass upon the legality of any or all papers submitted to him pertaining to the City or its interests, when required by the Mayor, Council or any committee thereof. (R.O. 1911, Sec. 38)
1-9-6: PROSECUTION AND DEFENSE OF SUITS: The City Attorney shall prosecute or defend, in behalf of the City, all cases in which the interests of the City are involved; and the Clerk shall furnish him certified copies of any ordinances, bonds, or other papers in his keeping, necessary to be filed or used in any suit or proceeding. (R.O. 1911, Sec. 39)
1-9-7: COLLECTION OF JUDGMENT: He shall cause executions to be issued upon all judgments recovered in favor of the City, and see to their prompt collection. He shall examine all fee bills of officers of courts, and to certify to the correctness of the same and the liability of the City thereof. (R.O. 1911, Sec. 40)
1-9-8: PROSECUTION FOR VIOLATION OF ORDINANCES: The City Attorney shall be charged with the prosecution of all actions for violation of the ordinances of the City, and with the conduct of all such proceedings before justices, or an appeal therefrom. He shall institute an action in every case where there has been a violation of any City ordinance, when instructed to do so by the Mayor, Council, or any committee thereof, or upon complaint of any other person, when, in his judgment, the public interest requires that the same shall be prosecuted. (R.O. 1911, Sec. 41)
1-9-9: POWER TO DISMISS AND COMPROMISE: The City Attorney may, when he becomes satisfied that a complaint was instituted maliciously or vexatiously and without probable cause, discontinue any action brought for the violation of any City ordinance upon such terms as to him may seem just and equitable. (R.O. 1911, Sec. 42)
1-9-10: APPEALS FROM JUSTICES: An appeal may be taken by the City Attorney from the judgment of any magistrate or justice of the peace to the County Court or Circuit Court of Fulton County, in any case when, in his opinion, the public interest shall require it; but no appeal or writ of error shall be taken by said Attorney in behalf of the City to any higher court, unless the same be authorized by the Mayor or directed by the Council. (R.O. 1911, Sec. 43)
1-9-11: DOCKET OF CASES: The City Attorney shall keep in proper books to be provided for that purpose a register of all actions in court prosecuted or defended by his office, to which the City may be party, and shall keep an accurate record of all proceedings had therein; such books shall at all times be open to the inspection of the Mayor or any member or committee of the Council. (R.O. 1911, Sec. 44)
1-9-12: WRITTEN OPINIONS: It shall be the duty of the City Attorney to keep, in a suitable book to be provided by the City for that purpose, a record of written opinions given or furnished by him to the City. (R.O. 1911, Sec. 45)
1-9-13: ANNUAL REPORT: The City Attorney shall, annually, on or before the first day of April of each year, report in writing to the Council all suits instituted and pending in the courts of record, wherein the City is plaintiff or defendant, together with the names of the parties to the suit, the date of their commencement, the nature thereof and the several steps taken by him to bring the same to a final issue. His report shall also give a list of all cases disposed of in said courts of record during his term of office and subsequent to his last report, with such explanatory remarks as he may think proper to add thereto, to the end that the Council may be kept fully advised as to the legal affairs of the City. (R.O. 1911, Sec. 46)
1-9-14: DELIVERY OF PAPERS TO SUCCESSOR: Upon expiration of his term of office, or his resignation thereof, or removal therefrom, the City Attorney shall forthwith, on demand, deliver to his successor in office all books papers in his hands belonging to the City or delivered to him by any of its officers, and all papers and information in his possession in actions wherein the City is a party, and which are then pending and undetermined, together with his register thereof and of the proceedings therein. (R.O. 1911, Sec. 47)
- S.H.A. Ch. 24, Sec. 3-7-1 and 3-7-3.
Chapter 10
Committees
SECTION:
| 1-10-1: | Appointment of Committees |
| 1-10-2: | General Duties |
| 1-10-3: | Duties of Committee on Finance and Ordinance |
| 1-10-4: | Duties of Committee on Public Safety |
| 1-10-5: | Duties of Committee on Water and Sewer |
| 1-10-6: | Duties of Committee on Streets, Sidewalks and Garbage |
| 1-10-7: | Duties of Committee on Parks and Recreation |
| 1-10-8: | Duties of Committee on Public Grounds and Buildings |
1-10-1: APPOINTMENT OF COMMITTEES: It shall be the duty of the Mayor, at the first regular meeting of the Council in May of each year, or as soon as may be convenient, to appoint six (6) standing committees of the Council, which shall be as follows:
- Committee on Finance and Ordinance
- Committee on Public Safety
- Committee on Water and Sewer
- Committee on Streets and Sidewalks
- Committee on Parks and Recreation
- Committee on Public Grounds and Buildings
1-10-2: GENERAL DUTIES: It shall be the duties of the standing committees of the Council to keep a close watch of the affairs of their respective departments of the City Government. They shall have general management, control and supervision over all works and things ordered to be made or done by the Council, in their respective departments, and they shall make a report to the Council of such facts occurring therein, or with reference thereto, as may be deemed of importance. Each committee shall promptly and thoroughly investigate all matters that may be referred to it, and report orally to the Council, unless cost are involved. Each committee shall do and perform all other duties, as the Council may from time to time to prescribe by resolution motion or otherwise. In addition to the aforesaid enumerated general duties, the several committees mentioned shall particularly be charged with the following duties. (R.O. 1911, Sec. 12)
1-10-3: DUTIES OF COMMITTEE ON FINANCE AND ORDINANCE: The Committee on Finance and Ordinance shall review City accounts and transactions and shall prescribe the manner in which accounts shall be kept and make recommendations to the Council. The Committee on Finance and Ordinance shall develop an investment policy for City funds not required for immediate use. It shall monitor various areas and departments of City government and make recommendations on efficient use of City moneys being spent. The Committee of Finance and Ordinance, with consent of Council, shall cause the annual audit to be performed and shall present this to Council for review and consideration. It shall also be the duty of the Committee on Finance and Ordinance to keep in close communication with the City Administrator in regards to the financial condition of the City. The Committee on Finance and Ordinance shall annually review the City Code and make recommendations to keep the Code current. The Committee on Finance and Ordinance shall cause to be drafted, ordinances as requested by members of the Council and shall review said ordinances prior to submission to the full Council for approval.
1-10-4: DUTIES OF COMMITTEE ON PUBLIC SAFETY: The Committee on Public Safety shall have charge of the Police Department of the City and it shall be its duty to see that the Police Department of the City is at al times kept in a condition that will render it effective for the purpose of preserving peace and order. It shall also be the duty of the Committee on Public Safety to keep in close communication with the Chief of Police in regards to activities, costs, performance and general operation of the department. No member of this Committee shall have access to police files except those records which are a matter of public record. The Committee on Public Safety shall also have charge of the Emergency Services and Disaster Agency (ESDA) of the City and shall see that this organization is in a condition to assist with emergencies and disasters within the City as might possibly occur.
1-10-5: DUTIES OF COMMITTEE ON WATER AND SEWER: The Committee on Water and Sewer shall have charge of the various areas of the City water and sewer systems. It shall be the duty of the Committee of Water and Sewer to see that these various areas are operated in such a manner as to provide the City with the most effective service. It shall also be the duty of the Committee on Water and Sewer to keep in close communication with the Superintendent of Public Works and the City Administrator on the activities, costs, performance and general operation of these systems.
1-10-6: DUTIES OF COMMITTEE ON STREETS, SIDEWALKS, GARBAGE: The Committee on Streets, Sidewalks, and Garbage shall have charge of the various areas of the City streets and alleys and public sidewalks. The Committee on Streets, Sidewalks and Garbage shall also have charge of the City solid waste collection and disposal. It shall be the duty of the Committee on Streets, Sidewalks and Garbage to see that these various areas are operated in such a manner as to provide the City with the most effective service. It shall also be the duty of the Committee on Streets, Sidewalks and Garbage to keep in close communication with the Superintendent of Public Works and the City Administrator on the activities, cost, performance and general condition of these systems.
1-10-7: DUTIES OF COMMITTEE ON PARKS AND RECREATION: The Committee on Parks and Recreation shall have charge of the various City owned parks and recreational programs. It shall be the duty of the Committee on Parks and Recreation to see that these various parks and programs are operated in such a manner as to provide the City with the most effective service. It shall also be the duty of the Committee on Parks and Recreation to keep in close communication with the Superintendent of Public Works and the City Administrator on the activities, cost, performance and general operation of these parks and programs.
1-10-8: DUTIES OF COMMITTEE ON PUBLIC GROUNDS AND BUILDINGS: The Committee on Public Grounds and Buildings shall have charge of the various City owned buildings and properties. It shall be the duty of the Committee on Public Grounds and Buildings to see that these various buildings and properties are maintained in such a manner as to safeguard the investment the City has in these properties and to use the buildings and properties in the best interest of the general public. It shall also be the duty of the Committee on Public Grounds and Buildings to keep in close communication with the Superintendent of Public Works and the City Administrator on the uses, costs, and general maintenance of these buildings and properties. (Ord. 97-08, 5-19-97)
Chapter 11
Officers
SECTION:
| 1-11-1: | Terms of Appointive Officers |
| 1-11-2: | Appointive Officers |
| 1-11-3: | Salaries of elective Officers |
| 1-11-4: | Salaries of Appointed Officers |
| 1-11-5: | Board of Local Improvements |
1-11-1: TERMS OF APPOINTIVE OFFICERS: All officers appointed by the Mayor, by and with the advice and consent of the Council, whose term of office is not otherwise expressly provided for by law, shall be appointed at the first meeting of the Council in May of each year and shall hold their respective terms of office for one year, and until their successors are appointed and qualified. (R.O. 1911, Sec. 373)
1-11-2: APPOINTIVE OFFICERS: At the first meeting of the Council in May of each year, the Mayor shall, by and with the advice and consent of the Council, appoint the following officers in addition to all other officials otherwise provided for in this Code:
- City Attorney, who need not be a resident of the City. (Ord. 304, 5-1-44)
- City Treasurer, who must be a resident of the City. (Ord. 97-04)
1-11-3: SALARIES OF ELECTIVE/APPOINTED OFFICERS: The salaries of the elective/appointed officers of the City shall be as follows:
(A) The Mayor shall receive a salary of three thousand five hundred dollars ($3,500.00) per year as Mayor of said City, and a salary of five hundred dollars ($500.00) per year as Liquor Commissioner of said City, and reimbursement for loss of work at his place of employment and actual expenses incurred; but not to exceed the sum of one thousand dollars ($1,000.00) per year. (Ord. 00-05)
(B) The Aldermen shall receive a salary of fifty dollars ($50.00) per regular or special meeting attended and reimbursement for loss of work at his/her place of employment and actual expenses incurred; but not to exceed the sum of three hundred dollars ($300.00) per year. (Ord. 00-05, 05-22-00)
(C) The City Clerk shall receive a salary of two thousand four hundred dollars ($2,400.00) per year. (Ord. 00-06, 05-22-00)
(D) The City Treasurer shall receive a salary of two hundred fifty dollars ($250.00) per year as City Treasurer of said City. (Ord. 69-5, 5-5-69)
1-11-4: SALARIES OF APPOINTIVE OFFICERS:
(A) The Superintendent of Streets shall receive a salary of six thousand six hundred seventy eight dollars ($6,678.00) per year, payable in twelve (12) equal installments. (Ord. 69-5, 5-5-69)
(B) The Chief of Police shall receive a salary of five thousand five hundred sixty five dollars ($5,565.00) per year payable in twelve (12) equal installments.
(C) All other policemen shall receive the sum of two dollars two cents ($2.02) per hour for each hour of duty on the Police Force.
(D) The City Attorney shall receive an annual retainer fee of one thousand dollars ($1,000.00) for further compensation for his duty as attorney for the Board of Local Improvements or other board or commission of said City. (Ord. 69-9, 5-5-69)
(E) The Assistant Superintendent of Streets and Assistant Ex Officio Superintendent of Water and Sewer shall receive a salary of four thousand two hundred dollars ($4,200.00) per year. (Ord. 435, 1-4-60)
(F) All extra police who are paid on a daily wage basis shall receive from henceforth the daily wage of six dollars ($6.00) per day. (Ord. 329, 3-1-48)
(G) The Fire Marshal of the Fire Department of the City shall receive a salary of one hundred dollars ($100.00) per year.
(H) The Assistant Fire Marshal of the Fire Department of the City shall receive a salary of fifty dollars ($50.00) per year. (Ord. 406, 4-25-56)
(I) The Superintendent of Sewer and Water shall receive a salary of five thousand two hundred dollars ($5,200.00) per year, payable in twelve (12) equal installments. (Ord. 69-7, 5-5-69)
(J) The Deputy City Clerk shall receive a salary of twenty-five dollars ($25.00) per week. (Ord. 69-10, 5-5-69)
1-11-5: BOARD OF LOCAL IMPROVEMENTS: The Board of Local Improvements of said City shall consist of four (4) members who shall be the Mayor of said City, who shall be the President of said Board, the Superintendent of Streets of said City, Carroll Baylor and Hubert Schuman, Aldermen. The City Clerk of said City shall be secretary of said Board. (Ord. 69-11, 5-5-69)
Chapter 12
Supervisor of Plumbing and Sewers
SECTION:
| 1-12-1: | Office Created, Bond |
1-12-1: OFFICE CREATED; BOND: The office of Supervisor of Plumbing and Sewer in and for the City is hereby created. *1
Said officer shall file an official bond (*2) in the sum of one thousand dollars ($1,000.00), and shall receive such compensation as the Council may from time to time fix by resolution at any regular meeting thereof. (Ord. 171, 10-17-21)
- S.H.A. Ch. 24, 3-7-1
- S.H.A. Ch. 24, 3-14-3
Chapter 13
Registrar of Vital Statistics
SECTION:
| 1-13-1: | Registrar |
| 1-13-2: | Duties |
| 1-13-3: | Records |
1-13-1: REGISTRAR: The Clerk shall be Registrar of Vital Statistics for the City. *1
1-13-2: DUTIES: A report of all births, still births, and deaths shall be made to the local Registrar of Vital Statistics, which report shall contain all information required by the “Act to provide for the registration of all births, still births, and deaths in the State of Illinois, an to repeal an act herein named”, approved June 22, 1915 as amended. *2
1-13-3: RECORDS: The local Registrar shall keep a record showing all births, still births, and deaths occurring within the City, which record shall include all information required to be kept by the Act herein above described. (Ord. 299, 9-7-43)
- S.H.A. Ch. 111 ½, Sec. 73-7.
- S.H.A. Ch. 111 ½, Sec. 73-8.
Chapter 14
Fire Marshal
SECTION:
| 1-14-1: | Elected; Term of Office |
| 1-14-2: | Report to Clerk |
| 1-14-3: | Powers |
| 1-14-4: | Disability |
1-14-1: ELECTED; TERM OF OFFICE: The Fire Marshal shall be elected by the members of the Fire Department and confirmed by the Council in the same manner as appointed officers. He shall hold his office for one year and until his successor shall be elected and duly qualified, and shall be subject to removal for cause, and the vacancy so left shall be filled by appointment by the Mayor, by and with the consent of the Council. (R.O. 1911, Sec. 182)
1-14-2: REPORT TO CLERK: The Fire Marshal shall give to the Clerk, who shall keep the same, a correct record of all members and officers of the Fire Department, and shall report to him, also, any and all changes that may be made in the same. (R.O. 1911, Sec. 183)
1-14-3: POWERS: The Fire Marshal shall have full control of all the fire apparatus of the Department at all times, subject to the direction of the Council or its proper committee, and every member of the Department shall obey his orders at all times when acting in such capacity. (R.O. 1911, Sec. 184)
1-14-4: DISABILITY OF FIRE MARSHAL: In case of the disability of the Fire Marshal, through sickness, absence, or other cause, his authority and duties shall be discharged by such person as shall be authorized by the rules of the Department. (R.O. 1911, Sec 185)
Chapter 15
Deputy City Clerk
SECTION:
| 1-15-1: | Office Created |
| 1-15-2: | Appointed |
| 1-15-3: | Bond; Hours |
| 1-15-4: | Powers |
| 1-15-5: | Duties |
| 1-15-6: | Salary |
1-15-1: OFFICE CREATED: There is hereby created the office of Deputy City Clerk. Ord. 91-03, 3-4-91)
1-15-2: APPOINTMENT: The Deputy City Clerk shall be appointed by the City Clerk and shall be removed from office in the same manner. (Ord. 91-11, 6-17-91)
1-15-3: BOND; HOURS: The Deputy City Clerk shall file with the City a surety bond in an amount sufficient to fulfill state statutory requirements, the minimum amount being ten thousand dollars ($10,000). The Office of Deputy Clerk shall be a full time position requiring forty (40) hours per week. (Ord. 91-03, 3-4-91)
1-15-4: POWERS: The Deputy City Clerk shall have the power and duty to execute all documents required by any law to be executed by the Clerk and affix the seal of the Clerk thereto whenever required. In signing any documents the Deputy City Clerk shall sign the name of the Clerk followed by the word “by” Deputy City Clerk only and the words “Deputy City Clerk”. When duly authorized as herein provided the signature affixed by any such Deputy in the manner herein provided on any document including but not limited to contracts, bonds or any other obligations of this City such documents shall have the same effect as if such document so executed had been signed by the Clerk in person. (Ord. 91-03, 3-4-91)
1-15-5: DUTIES: The duties of the Deputy City Clerk shall be to handle the accounts receivable and the billings of the water, sewer and garbage customers of the City. It shall also be the duty of the Deputy City Clerk to act as payroll clerk for the various City departments and to process the payroll and reports as prescribed by the City Council and City Administrator. General correspondence, daily mail distribution and other duties assigned by the City Council or City Administrator will also be duties of the Deputy City Clerk. Such duties are to be conducted in the business office of the City Building. The schedule of the working hours shall be at the direction of the City Administrator with the approval of the City Council. (Ord. 91-03, 3-4-91)
1-15-6: SALARY: The salary to be paid to the Deputy City Clerk shall be an annual salary established by the City Council and set forth in the annual budget adopted for each fiscal year. (Ord. 91-03, 3-4-91)
- S.H.A. Ch. 24, Sec. 3-14-3
Chapter 16
General Provisions
SECTION:
| 1-16-1: | Official Bonds |
| 1-16-2: | Seal |
| 1-16-3: | Fiscal Year |
1-16-1: OFFICIAL BONDS: The bonds of all officials shall be executed by two (2) or more sureties conditioned as provided in the Statute of Illinois and provisions of this code. *1 The execution of all official bonds shall be acknowledged by the principal and his sureties before some person authorized to take the acknowledgment of deeds, and a certificate of such acknowledgment made thereon. Said bonds shall be approved by the Council and the Clerk shall endorse thereon the date of approval and file the same; provided, however, that the bond of the Clerk shall be filed with the Treasurer. (R.O. 1911, Sections 73 and 74)
Before entering upon their respective duties the various officers shall give bonds in the several amounts as follows:
| Mayor | $3,000.00 |
| Clerk | $2,000.00 |
| Attorney | $1,000.00 |
| Treasurer | Not less than the estimated tax and special assessment for the current year |
| Chief of Police | $1,000.00 |
| Policeman | $1,000.00 |
| Superintendent of Streets | $1,000.00 |
The amount of the bond of all other officers not specially mentioned herein shall be one thousand dollars ($1,000.00) each, unless otherwise provided in this code. (R.O. 1911, Sec. 75)
The City shall pay out of the funds of said City the cost of any official bond furnished by any officer of the City required by the laws, rules or regulation thereof to execute the same, in case said officer shall furnish the same with a surety company or companies authorized to do business in this State under the laws thereof. (Ord. 311; 7-2-45)
1-16-2: SEAL: The Seal provided and authorized for the City shall be circular in form, and be so constructed as to impress upon paper the words “City of Farmington, Illinois”, around the outer circle thereof, and within such circle the design of a standing sheaf of wheat with the word “incorporated” above, and thereunder “1865 and 1887”; which Seal represented as aforesaid shall be and is hereby established, declared to have been, and now to be, the Seal of the City. *2 (R.O. 1911 Sec. 97)
The said Seal shall be and remain in the custody of the Clerk of the City, and his successor in office, to be used by him in all cases provided for by the provisions of this Code, or the laws of the State of Illinois, and in all such other cases where, by the laws and customs of any state or nation, the use of the Corporate Seal of the City become necessary. *3 (R.O. 1911, Sec. 98)
1-16-3: FISCAL YEAR: The fiscal year of the City shall be construed to begin upon May 1, of one calendar year and end on April 30 of the succeeding year; and all the appropriations deemed necessary to defray the expenses and liabilities of the City shall be construed to meet the expenses and liabilities of the City during the fiscal year as herein defined.. *4 (R.O. 1911, Sec 34) (Amended Ordinance 2012-06, Passed 05/07/12).
- S.H.A. Ch. 24, Sec. 3-14-3.
- S.H.A. Ch. 24, Sec. 2-12-2.
- S.H.A. Ch. 24, Sec. 3-10-7.
- S.H.A. Ch. 24, Sec. 1-1-2 (5).
Chapter 17
Fines, Forfeitures; Penalties
SECTION:
| 1-17-1: | Where Actions May be Instituted |
| 1-17-2: | Complaint |
| 1-17-3: | Bond for Appearance; Form |
| 1-17-4: | Failure to Appear; Forfeiture of Bond |
| 1-17-5: | Time of Detention Before Trial |
| 1-17-6: | Release Prohibited |
| 1-17-7: | Trial; Judgment; Commitment to Jail |
| 1-17-8: | Form of Judgment |
| 1-17-9: | Form of Execution and Mittimus |
| 1-17-10: | Security For Costs |
| 1-17-11: | Prisoners Required to Labor |
| 1-17-12: | Minors |
| 1-17-13: | Jury Trial; Change of Venue; Continuances; Evidence; Fees; Appeals |
| 1-17-14: | City Prison |
| 1-17-15: | Fines Paid; Receipts |
| 1-17-16: | Execution of Process by Officer |
| 1-17-17: | Fees of Jurors and Witnesses |
| 1-17-18: | Attach Property |
| 1-17-19: | Record |
| 1-17-20: | Fine Amounts |
1-17-1: WHERE ACTIONS MAY BE INSTITUTED: All suits, actions or prosecutions for the recovery of any fine, forfeiture or penalty by the City against any person for the violation of any provisions of this Code, where said fine, for forfeiture or penalty does not exceed five hundred dollars ($500.00), may be instituted by any officer of the City, or other responsible person, before the proper magistrate or Court. (R.O. 1911, Sec. 161)
1-17-2: COMPLAINT: In all suits, actions or proceedings brought for the violation of any provision herein now, or that may hereafter be, in force in the City, the first process shall be a summons; provided, however, that a warrant for the arrest of an offender may issue in the first instance upon the affidavit of any person that any such provision has been violated, and that the person making the complaint has reasonable grounds to believe that the party charged is guilty thereof; and any person arrested upon such warrant shall, without unnecessary delay, be taken before the proper office in the City, to be tried for the alleged offense; said complaint or affidavit shall be in the following form, as nearly as may be: *1
STATE OF ILLINOIS )
County of Fulton, ) ss.
City of Farmington, )
The complaint and information of whom, being duly sworn, an oath says that has reasonable grounds to believe that one heretofore, to wit: on the day AD was guilty of a breach and violation of Section of Chapter of the City Code of said City, in this, that the said did then and there (here state the breach or violation) at and within the City of Farmington, in the County of Fulton and State of Illinois, contrary to the provisions of said Code.
Subscribed and sworn to me this day of , A.D. 19 .
Which affidavit may be varied to suit the nature of the case, and as the circumstances may require, without regard to any particular words, provided the same shall substantially set forth the nature of the offense charged. And upon presentation of said affidavit to the proper officer, he shall issue his warrant, reciting therein the substance of the offense set forth in the complaint, for the arrest of the person or persons therein named, returnable forthwith; which warrant shall run in the name of the People of the State of Illinois, and shall be directed to the Chief of Police or any policeman of the City, or to the Sheriff or any Constable of the County of Fulton. (R.O. 1911, Sec. 162)
1-17-3: BOND FOR APPEARANCE; FORM: Any person, with or without warrant, arrested and brought before any such officer for the violation of any provision of this Code shall have the right to postpone trial, on cause for continuance shown according to the laws of the State of Illinois, and may release his body from arrest for a period of not exceeding ten (10) days, except for cause stated in Section 1-17-6 hereof, by entering into an obligation, with one or more responsible sureties, to be approved by such officer, which obligation may be substantially in the following form:
STATE OF ILLINOIS )
County of Fulton, ) ss.
City of Farmington, )
This is to witness that if the undersigned, A.B., shall fail to appear before, remain with and abide the orders of C.D., a at the office of said officer in the City on the day of , 19 at o’clock m., or at any other reasonable time then appointed by said officer, with or without the consent of said A.B., not exceeding three days thereafter, and shall then and there fail to answer the violation of any provision of the City Code, on a complaint sworn to by some responsible person, and before the time first above name filed with such office, then and in that case, we, the undersigned, acknowledge ourselves jointly and severally indebted to said City in any sum not exceeding five hundred dollars ($500.00) adjudged to be due the City, on said complaint, for the payment of which we bind ourselves, our heirs, executors and administrators, under our hands and seals, this day of , 19 , at said City.
(R.O. 1911, Sec. 163)
1-17-4: FAILURE TO APPEAR; FORFEITURE OF BOND: When any person, being arrested or in custody, having given bond as aforesaid, shall fail to appear at the time and place when and where the suit is set for trial, the proper officer may impanel a jury and proceed with the hearing of the cause and hear the testimony on behalf of the City, and render judgment upon the verdict of the injury; and suit shall forthwith be brought against the surety or sureties on defendant’s bond for the amount of the penalty thereof and judgment rendered by the court for the same, and all cost, or so much of such penalty as may seem just and equitable upon consideration of the facts and circumstances of the case. (R.O. 1911, Sec. 164)
1-17-5: TIME OF DETENTION BEFORE TRIAL: Any person arrested for any offense under any provisions of this Code may be detained in custody in the City prison, or other safe place, during Sunday, a legal holiday, or over night and for a reasonable time on all other occasions, until such offender can be brought for trial before some proper officer; provided, that any such offender so arrested without warrant, except for cause stated in following Section 1-17-6 hereof, may during any time so detained, release his body form custody be entering into with said City a bond or recognizance provided for in Section 1-17-3 hereof. (R.O. 1911, Sec. 165)
1-17-6: RELEASE PROHIBITED: No person so arrested for the violation of any provisions of this Code shall be released at any time from the custody of said City or other lawful authority so long as the conduct, language and personal appearance of such offender are calculated to lead a prudent and reasonable person to suspect that such offender is an idiot or lunatic, or so far under the sway of passion or influence of intoxicating liquors that the public peace or security of any person would be jeopardized by the release of such offender. Any officer violating the provisions of this Section shall, upon conviction, be fined in a sum not exceeding twenty-five dollars ($25.00). (R.O. 1911, Sec. 165)
1-17-7: TRIAL; JUDGMENT; COMMITMENT TO JAIL: The proper officer is authorized and directed to proceed without unnecessary delay with the examination or trial of any offender of any provision of this Code, whether brought before such officer by summons or otherwise, and immediately upon conviction of such offender enter judgment in favor of the City for the amount of the fine or penalty and costs of prosecution, and order that such offender, in default of immediate payment of such judgment and costs, shall be committed to the City prison or other safe place of custody until such fine is paid or offender is otherwise discharged under the provisions hereof or by due process of law; provided, no imprisonment shall exceed six (6) months. (R.O. 1911, Sec. 167)
1-17-8: FORM OF JUDGMENT: Such judgment as provided in Section 1-17-1 may be substantially in the following form:
City of Farmington, Plaintiff,) Suit on Section of Chapter
vs. ) of the City Code of the City of
A.B., Defendant. ) Farmington.
(After reciting the proceedings, conclude as follows:)
After evidence heard (and upon a verdict found by a jury) in the above entitled cause, it is adjudged by the court that the above defendant pay to the City of Farmington dollars penalty and dollars costs of suit, and in default of immediate payment that said defendant is committed to the City prison or other safe place of custody until the penalty and cost aforesaid are paid, or said defendant otherwise discharged, according to the City Code or due process of law.
Provided, that where such offender is a corporation, an ordinary judgment shall be rendered and execution issued and subsequent proceedings of levy and sale be had, as are provided for in the Statutes of this State in civil cases before justices of the peace. (R.O. 1911, Sec. 168)
1-17-9: FORM OF EXECUTION AND MITTIMUS: The officer or court rendering any such judgment, substantially of the form aforesaid, shall demand of the defendant the immediate payment of the same in lawful money, and in default of such payment shall immediately issue a order for the arrest and commitment in the City prison, of said defendant pursuant to the terms of such judgment, which order or mittimus shall be substantially of the following form:
STATE OF ILLINOIS, )
Fulton County, ) ss.
City of Farmington, )
The People of the State of Illinois to the Chief of Police and Warden of the City Prison of the City of Farmington, or Sheriff or any constable of said County, Greeting:
Whereas, on the day of , 19 , said City of Farmington recovered before me a judgment for the sum of dollars penalty, and dollars cents costs, against C.D., for the violation of Section of Chapter of the City Code of said City by (here state offense).
Now this is to command you in the name and authority of said people to demand of said C.D. the immediate payment, in lawful money, of said judgment and costs, and upon his failure or refusal to pay the same on such demand, that you arrest and take the body of the said C.D. and him deliver, together with this writ, to the warden of the City prison aforesaid, and we command you, the said warden, to receive the body of him, the said C.D. and him safely keep, in the City prison or other safe place of custody for six (6) months or until discharged by due process of law. And you are hereby commanded to make return of this execution within seventy (70) days from the date thereof, with your return thereon stating how you executed the same.
Give under my hand this day of .
(Name of official and title of office).
Upon the back of such mittimus the office shall endorse the names and residence of the principal witnesses against the defendant; and the several officers into whose hands the same may come shall endorse the date and manner of executing the same; and it shall be the duty of any such officer having possession of such mittimus to furnish such defendant on demand a copy thereof, with the endorsements; provided, that the Mayor may, if in his opinion the recovery of any judgment rendered against any defendant will not be jeopardized, or the welfare of said City will be thereby subserved, order the officer who has charge of the docket upon which is entered such judgment to stay the issuance of any such mittimus on such terms and for such a length of time as may be deemed reasonable and just; and the Chief of Police is hereby authorized to delay the execution of any mittimus for a period not exceeding thirty (30) days from the date thereof by assuming the payment of such judgment and costs in case of the escape during such interim of such defendant; and any pledge of personal property voluntarily surrendered by the defendant to said Chief of Police in consideration of such an undertaking of said Chief of Police may be sold in like manner and upon the same terms as the Statutes of Illinois provide for sales of like property under execution, the proceeds thereof shall be by said Chief of Police applied to the payment of such judgment and costs and expenses of such sale, and any surplus remaining shall be subject to the order of said defendant.
Such mittimus against the body of the defendant as aforesaid shall be sufficient to authorize the Chief of Police or other officer into whose hands the same may come to demand of the defendant the immediate payment of enough lawful money to satisfy such judgment and costs, and upon failure or refusal of such defendant so to pay on demand as aforesaid such judgment and costs, such mittimus shall be sufficient to authorize such officer to arrest such defendant and commit him for a period nor exceeding six (6) months in the City prison, or other said place provided for the custody of offenders against the provisions of this Code; and such mittimus shall be sufficient to authorize the warden in charge of said City prison, or other safe place of custody as aforesaid, until such judgment and costs are fully paid, or defendant is otherwise lawfully discharged. (R.O.1911, Sec. 169)
1-17-10: SECURITY FOR COSTS: In any case after judgment has been rendered against any person as aforesaid, the proper officer may take good and sufficient security for the payment of such fine and costs within any time not exceeding twenty (20) days, and the person so becoming security shall sign an obligation to be entered on the docket in each suit, in substance as follows:
“I hereby bind myself to pay the above judgment within twenty days from this date, if the same is not paid by the defendant.
Dated this day of A.D. 19 .
Security.”
Then no execution against the body of the defendant shall be issued until the expiration of twenty (20) days; in case such judgment is not paid by the defendant or by such security within the time mentioned in such obligation signed as aforesaid, suit shall be commenced thereon against such security, and prosecuted as in civil cases on contracts. (R.O. 1911, Sec. 170)
1-17-11: PRISONERS REQUIRED TO LABOR: Every person so committed to prison on an execution to his body, as aforesaid, shall, under the direction of the Chief of Police, work for said City upon its streets, if his strength will permit, or at such labor as said City shall provide, not exceeding ten (10) hours each working day, and at the rate of five ($5.00) for each day’s work, exclusive of board, until such judgment and costs aforesaid are paid, and when so paid shall be discharged from imprisonment; provided, no credit shall be allowed by reason of any such imprisonment on any such judgment and cost where the person committed refuses to labor for the City, or refuses to obey orders respecting such labor, or acts when so laboring in a disorderly manner, or escapes or attempts to escape at any time form such custody or imprisonment aforesaid. But such person may be kept in custody as aforesaid for the full term of six (6) months, unless sooner discharged by the Mayor or Council of the City. *2 (R.O. 1911, Sec. 171)
1-17-12: MINORS: Like proceedings shall be had under the provisions of the Code against minors, for the violation of any provisions of this Code, are herein prescribed against other persons. (R.O. 1911, Sec. 172)
1-17-13: JURY TRIAL; CHANGE OF VENUE; CONTINUANCES; EVIDENCE; FEES; APPEALS: Trial by jury, continuances and changes of venue, as well as appeals, shall be allowed, consistent with the provisions hereof, to any defendant, on the same terms and in like manner as such proceedings are granted by the Statutes of this State before justices of the peace in civil cases. Like processes may issue and legal proceedings be had to enforce the provisions of this Code, in addition to the remedies in said provisions prescribed, and like practices, pleadings and rules of evidence be observed as now or hereafter obtained in such civil cases aforesaid, and the Chief of Police, policemen and several officers of the City, as well as all other officers and persons authorized by law, rendering services to said City by virtue of any provisions of this Code or laws of the State of Illinois, shall, unless otherwise directed by ordinance, charge the same fees, to be taxed as costs, as are allowed in the Statutes of the State for similar services; provided, no officer or person shall collect or retain from the City a fee in any such case in which, if the people of the State of Illinois were plaintiffs, such officer or person would be entitled to no fees from the State. (R.O. 1911, Sec, 173)
1-17-14: CITY PRISON: The City prison is located within the building known as the City Hall, and the Chief of Police shall be known and styled as the warden thereof. (R.O. 1911, Sec. 174)
1-17-15: FINES PAID; RECEIPTS: All fines and penalties shall be paid by the defendant or officer collecting the same to the officer in charge of the docket upon which any judgment against such defendant is entered, and such officer shall immediately pay over to the Treasurer of the City such collection, taking for the same duplicate receipts of the Treasurer, substantially of the following form:
“Received of A.B., proper officer, dollars and cents, on a judgment of $ , assessed against C.D., at page of said proper office’s docket.
This day of 19 .
A.B., City Treasurer”
It shall be the duty of such proper officer to prepare such duplicate receipts for the Treasurer to sign, and immediately after such receipts are executed by the Treasurer, to file one of said receipts with the Clerk of the city; and no such collection shall be deemed to have been received by said City until such duplicate receipt is filed with said Clerk. *3 (R.O. 1911, Sec . 175)
1-17-16: EXECUTION OF PROCESS BY OFFICER: The officer who shall execute any writ or other process issued by the proper officer shall, unless otherwise directed by ordinance, proceed in the execution of his duty in the same manner as constables are required to proceed under the law of the State; and the proper officer, in issuing process, and on the return thereof, shall, unless otherwise directed by some provisions of this Code, be governed by the laws of this State pertaining to like proceedings before justices of the peace. *4 (R.O. 1911, Sec. 176)
1-17-17: FEES OF JURORS AND WITNESSES: All jurors and witnesses shall be entitled to the same fees as are now provided by the laws of the State of Illinois in such suits before justices of the peace. (R.O. 1911, Sec. 177)
1-17-18: ATTACH PROPERTY: If any person in behalf of the City shall make oath before the proper officer in the City, that any person is indebted to the City in any sum not exceeding five hundred dollars ($500.00), by reason of the violation of any law or provisions of this Code, and that such debtor has absconded, or conceals himself, or stands in defiance of an officer so that process can not be served upon him, or for any legal and sufficient cause for attachment, it shall be lawful for the goods, chattels, moneys, credit and effects of such debtor, directed to the Chief of Police or other police officer of the City to execute, returnable forthwith.
The form of the writ and bond in such case or cases, and the proceeding under the same, shall, as nearly as may be, conform to the forms and proceedings provide by the Statutes of the State of Illinois in like cases of attachment for debt. (R.O. 1911, Sec. 178)
1-17-19: RECORD: It shall be the duty of the proper officer and justices of the peace, before whom prosecutions under the provisions of this Code are had, to keep a record of all suits and proceedings had before them, and they shall render to the Council a full and true report, at the end of each month, of all their acts under this Code, and the moneys collected by them belonging to the City. (R.O. 1911, Sec. 179)
1-17-20: FINE AMOUNTS: Any other provision of the Farmington City Code notwithstanding, all fines for violation of a non-traffic or a non-drug paraphernalia ordinance shall be Seventy Five Dollars ($75.00) for the first offense, and increases by Twenty Five Dollars ($25.00) for each subsequent offence for violation of the same ordinance, unless there are aggravating circumstances, where the fining or arresting officer may assert a fine of up to a maximum of Seven Hundred Fifty Dollars ($750.00) (Ordinance No. 2009-05)
- S.H.A. Ch. 24, Sec. 1-2-9 amd. 1961, 1963
- S.H.A. Ch. 24, Sec. 1-2-9 amd. 1961, 1963
- S.H.A. Ch. 24, Sec. 1-2-8
- S.H.A. Ch. 24, Sec. 1-2-11 amd 1965
Chapter 18
Boundaries; Wards
SECTION:
| 1-18-1: | Boundaries |
| 1-18-2: | Wards |
1-18-1: BOUNDARIES: the corporate limits of the City shall be and are hereby established, declare to have been, and now to be as follow: Commencing at the center of section one (1) running thence west along the north line of the southwest quarter of section one (1) and the north line of the south half of section two (2), one hundred and twenty-four one hundredths (100.24) chains to the northwest corner of the east one half of the southwest quarter of section two (2); thence south along the west line of the east one-half of the southwest quarter of section two (2) aforesaid and the west line of the east one-half of the northwest quarter of section eleven (11), eighty and five one-hundredths (80.05) chains to the southwest corner of the said east half of the northwest quarter of section eleven (11) aforesaid; thence east along the south line of the north half of section eleven (11) and the south line of the northwest quarter of section twelve (12), seventy (70) chains to a point ten chains east of the southwest corner of the northwest quarter of section twelve (12) aforesaid; thence north seventeen and three hundred and seventy-five one-thousandths (17.375) chains; thence east twenty-nine and sixty-three one-hundredths (29.63) chains to the east line of the northwest quarter of section twelve (12) aforesaid; thence north along the est line of the said Northwest quarter of section twelve (12) and the est line of the southwest quarter of section one (1), sixty-two and sixty one-hundredths (62.66) to the place of beginning. All in Township Eight (8) North, and Range Four (4) east of the Fourth Principal Meridian, in the County of Fulton and State of Illinois. (R.O. 1911, Sec. 76)
The following described lands are hereby annexed to the City and shall be included in the corporate limits of said City: *1
Fort Hill Addition, including all public highways and streets therein, located on the Northeast Quarter of Section Twelve (12) Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton County, Illinois, on the 19th day of August, A.D. 1912, and said plat was duly recorded in the County Recorder’s Office of Fulton County, Illinois, on the 10th day of August, A.D. 1912, in Volume 2 of Plats, at page 72, and Joseph Malis Subdivision, including highways and streets therein, located on the Northeast Quarter of Section Twelve (12), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton County, Illinois, said addition having been platted on the 1st day of September, A.D. 1923, and said plat was duly recorded in the County Recorder’s office of Fulton County, Illinois, on the 18th day of October, A.D. 1923, in Volume 3 of Plats on page 27. (Ord. 314; 4-1-46)
Lots Eight (8) to Thirty-nine (39) both inclusive, of the Steenburg Addition, including all public highways and streets adjoining said lots, said Steenburg Addition being located on the Northwest Quarter of Section Twelve (12) Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton county, Illinois; said addition having been platted on the 1st day of June, A.D. 1908, and said plat was duly recorded in the County Recorder’s office of Fulton County, Illinois, on the 12th day of June A.D. 1908, in Volume 2 of Plats, at page 40. (Ord. 317; 9-2-46)
South Fort Hill Subdivision, including all public highways and streets therein, located on the Northeast Quarter of Section Twelve (12) Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton County, Illinois; said subdivision having been platted in the fifth day of October, A.D. 1922, and said plat was duly recorded in the County Recorder’s Office of Fulton County, Illinois, on the sixth day of June, A.D. 1923 in Volume 3 of Plats on page 24. (Ord 318; 12-2-46)
Part of the Northwest Quarter of Section 12 in Township 8 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, bounded as follows: Beginning at the Southeast corner of Out Lot No. 2 in said Quarter Section, running thence South 40 rods, thence West 20 rods thence North 40 rods, thence East 20 rods to the place of beginning:
Also beginning 442.25 feet south and 300 feet west of an iron pin at the Northeast corner of the Northwest Quarter of Section 12 in township 8 North, Range 4 East of the Fourth Principal Meridian, Fulton County, thence south 660 feet, thence 330 feet, thence south 447.5 feet, thence 72030’ to the right in a northwesterly direction along the north right-of-way line of the M. & St. L.R.R. 449.4 feet, thence 107 degrees 45’ to the right 968.5 feet to the south line of Vernon Street, thence east 100 feet to the place of beginning, containing 5.4 acres, more or less. It is hereby understood and agreed that a strip of land 50 feet in width off of the West side and running the entire length of said tract from Vernon Street to the M. & St. L.R.R. right-of-way shall be used as a public street or highway, situated in Fulton County, Illinois. (Ord. 380; 9-8-53)
A part of the Northwest Quarter (NW 1/4) of Section Twelve (12), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, more particularly described as follows: to-wit:
Commencing at a point 350 feet south of the intersection of the south line of Prairie Street with the East line of Apple Street, thence running west to the east line of Prairie Addition, thence at right angles south along east line of Prairie Addition 150 feet, thence at right angles east to a point 500 feet south of the intersection of the south line of Prairie with the east line of Apple Street, thence at right angles north 150 feet to the place of beginning; situated in the County of Fulton and State of Illinois. (Ord. 401; 9-6-55)
A part of the Northwest Quarter of Section 12, Township 8 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois. more particularly described as follows: Beginning at the Southeast corner of the Northwest Quarter of said Section 12, thence running West on South line of said Northwest Quarter of Section 12, 863.5 feet, thence North along the west line of Apple Street extended a distance of 209.5 feet, thence East 50 feet, thence North along the East line of Apple Street to the North line of the M. & St. L. Railroad, thence Southeasterly along the North line of M. & St. L. Railroad Right of Way to a point that is 148.5 feet East of the East of Apple Street, thence South to a point 409.5 feet North of the South line of the Northwest Quarter of said Section 12 and 148.5 feet East of the East line of Apple Street, thence East 669.2 feet to the East line of the Northwest Quarter of said Section 12, thence South along the East line of the Northwest Quarter of Section 12, 409.5 feet to the point of beginning. (Ord. 447; 11-6-61)
A part of the Southeast Quarter of the Northeast Quarter of Section Two; Township 8 North, Range Four East of the Fourth Principal Meridian, situated in the County of Fulton, in the State of Illinois, described as follows: From a point of intersection, marked by a pipe, of the North Right-of-way line of State Route 116 (S.B.I. Route 97) and the Easterly Right-of-way line of the C.B. & Q.R.R.R.; said point being 35 feet Easterly of the Centerline of said railroad and 40 feet North of the centerline of said highway; said point of intersection also being 1978.68 feet West of the East line of Section 2; thence north 89 degrees 11’ east along the Northerly Right-of-way line of said State Route 115 a distance of 1793.59 feet to the Point of Beginning, which is by a pipe; thence 89 degrees 11’ East a distance of 155.31 feet to a pipe; thence distance of 155.22 feet to a pipe; thence South 1 degree west a distance of 155.86 feet to the Point of Beginning; except all coal and other mineral underlying the surface of said premises in question, and the right to mine and remove the same. (Ord. 448; 11-6-61)
A part of the North One-half of the Southeast Quarter of Section Number Eleven (11) in the Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, bounded and described as follows, to-wit: Beginning at a point 16 rods south of the Northeast corner of said Southeast Quarter of Section Eleven (11) running thence West 258 feet, thence South 478 feet, thence 258 feet and thence North 478 feet to the point of beginning; all situated in the County of Fulton and State of Illinois. (Ord. 454; 85-63)
A part of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section Two (2), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton County, Illinois more particularly describes as follows: From a point of intersection, marked by a pipe, of the North Right-of-way line of the Sate Route 116 (SBI (Route 97) and the Easterly Right-of-way line of the C.B.Q.R.R..; said point being 35 feet East of the center line of said Railroad, and being 40 feet North of the Center line of said highway, said point also being 1978.68 feet West of the East line of Section Two (2); thence North 89 degrees 11’ East along the North Right-of-way line of said Highway a distance of 660.46 feet to the point of beginning at the Southwest corner of the herein described tract of land; thence North 1 degree East a distance of 155.84 feet; thence South 89 degrees East a distance of 185.0 feet to the East line of Section two (2); thence North 1 degree East along the Section line a distance of 80.0 feet; thence North 89 degrees West a distance of 1318.8 feet; thence South 0 degrees 43’ West a distance or 271.8 feet to the point of beginning, said described tract containing 6.94 acres, more or less.(Ord.460)
A part of the Northeast Quarter (NE 1/4) of Section Twelve (12) Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton County, Illinois, described as follows: Commencing at the Northwest corner of the East 100 acres of the Northeast Quarter (NE 1/4) of Section Twelve (12), running thence East 800 feet, thence at right angels South 365 feet, thence at right angels West 300 feet, thence at right angels North 365 feet to the place of beginning, all in Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, situated in the County of Fulton and State of Illinois. (Ord. 462; 11-2-64)
A part of the southeast Quarter (SE 1/4) of Section Two (2), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, more particularly bounded and described as follows, to-wit: Commencing at the northwest corner of Lot Number Fifty Six (56), in Block Three (3), PALMER & CONE’S ADDITION to the town, now City of Farmington, running thence West 110 feet, thence at right angels South 1438.75 feet, thence at right angels East 110 feet, thence at right angels North 1438.75 feet to the point of beginning, situated in the County of Fulton and State of Illinois. (Ord. 463; 11-2-64)
A part of the Southwest Quarter (SW 1/4) of Section Twelve (12), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton County, Illinois; described as follows: Commencing 419 feet and 4 inches South of the Quarter Section line on the East line of Illinois State Highway No. 78, thence East 128 feet and 7 inches, thence South 217 feet and 8 inches, thence West 128 feet and 7 inches to the East line of Illinois State Highway No. 78 North 217 feet and 8 inches to the point of the beginning. (Ord. 469; 6-7-65)
A part of the Southeast Quarter (SE 1/4) of Section Two (2) Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, more particularly bounded an described as follows. to-wit: commencing at a point 110 feet West of the Southwest corner of Lot Number Forty-four (44) in Block Three (3) PALMER & CONE’S ADDITION to the Town, now City of Farmington, running thence South 866.25 feet, thence at right angels East 250 feet to the point of beginning, situated in County of Fulton and State of Illinois. (Ord. 477; 8-1-66)
A part of the Northeast Quarter (NE 1/4) of Section Twelve (12) Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton County, Illinois, described as follows: Beginning at a point 365 feet South of the Northwest corner of the East 100 acres of the Northwest Quarter (NW 1/4) of Section Twelve (12), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, thence East 300 feet, thence North 365 feet, thence East 100 feet, thence 509 feet, thence West 400 feet, thence North 144 feet to the point of beginning, containing 2.1602 acres, more or less. (Ord.68-4; 7-1-68)
A part of the Southeast Quarter (SE 1/4) of Section One (1), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, to the City of Farmington, Fulton County, Illinois, more particularly described as follows: Beginning at a point 1674.0 feet North of the Southwest corner of the Southeast Quarter (SE 1/4)) of said Section One (1), thence North 468 feet on the Quarter Section Line, thence 436 feet, thence south 468 feet, thence West 436 feet to the place of beginning, containing 4.6842 acres, more or less. (Ord. 68-6; 9-3-68)
A part of the Northwest Quarter (NW 1/4) of Section Twelve (12), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton County, Illinois, more particularly described as follows: Beginning at a point on the East line of the Northwest Quarter (NW 1/4) of said Section which is 409.5 feet North of the Southeast corner of said Northwest Quarter (NW 1/4) which is marked by a pipe; thence West a distance of 669.2 feet; thence North a distance of 630.0 feet; thence West a distance of 148.5 feet to the East line of Apple Street; thence North along the East line of Apple Street a distance of 246.4 feet to the South right-of-way line of the M. & St. L (C. & N.W.) Railroad; thence Southeasterly along said right-of-way line to a point on the East line of said Northwest Quarter (NW 1/4); thence South along the East line of said Northwest Quarter (NW 1/4) a distance of 696.7 feet to the point of beginning. (Ord. 68-7; 10-7-68)
A part of the Southeast Quarter (SE 1/4) of Section Two (2), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, more particularly described as follows: Commencing at the Northwest corner of Lot 56 in Block 3 of PALMER AND CONE’S ADDITION to the Town, now City of Farmington, thence South 88 degrees 14’37” West along the southerly right-of-way line of S.B.I. Route 97 a distance of 574.85 feet, thence West a distance of 250.05 feet, thence South a Distance of 866.25 feet to a line fence, thence South 89 degrees 26’57” West along said line fence a distance of 498.49 feet to a fence corner, thence North 5 degrees 04”24” West along a line fence and said line fence extended a distance of 1424.65 feet to the southerly right-of-way line of said S.B.I. Route 97, thence North 88 degrees 14’37” East along the southerly right-of-way line of said S.B.I. Route 97 a distance of 874.91 feet to the place of beginning, containing 21.679 acres, situated, lying and being in the County of Fulton, State of Illinois. (Ord. 68-8: 11-4-68)
A part of the Northwest Quarter of Section Twelve (12), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, situated in the Count of Fulton and State of Illinois, more particularly described as follows: Commencing at the center of said Section 12, thence N 0 degrees 04’ W (Bearings assumed for purpose of description only) along the East line of the Northwest Quarter of said Section 12,559.49 feet to the Northeast corner of HEDDEN-REED SUBDIVISION, a subdivision of part of the Northwest Quarter of Section 12, said point being the Point of Beginning of the tract described: From the point of beginning thence West along the North line of said Hedden-Reed Subdivision, 340.69 feet, thence N 0 degrees 54’ W, 68.43 feet, thence N 48 degrees 19’ W, 110.0 feet; thence N 41 degrees 41’ E, 417.37 feet to a point on the existing southwesterly Right-of-way line of the M. St. L. Railroad; thence S 72 degrees 13’ E along the said Right-of-way line, 186.46 feet to the intersection of said Right-of-way line with the East line of the Northwest Quarter of said Section 12, 458.39 feet to the Place of Beginning; said tract containing 3.888 acres, more or less; said tract being shown on the plat hereto attached and considered a part hereof. (Ord. 69-1; 1-24-69)
Part of the East 100 acres of the Northeast Quarter of Section 12, Township 8 North, Range 4 East of the Fourth Principal Meridian, said part being further described as follows: Beginning at a point at the intersection of the North right-of-way line of Wilson Street and the east line of South Fort Hill Subdivision, said east line being the existing Corporate Limits of the City of Farmington; thence North 89 degrees 57’30” East along the extension of the north right-of-way line of Wilson Street 594.14 feet; thence South 0 degrees 14’ East 758.22 feet to a point on the northerly right-of-way line of the Chicago and Northwestern Railroad; thence North 72 degrees 30’ West 626.21 feet along said northerly right-of-way line to a point on the east line of South Fort Hill Subdivision; thence north 570.57 feet along said east line of South Fort Hill Subdivision to the point of beginning, containing 9.1 acres, more of less, situated in the County of Fulton and State of Illinois; be and the same is hereby annexed to the City of Farmington, Illinois. (Ord. 71-8; 4-5-71)
A part of the Northeast Quarter (NE 1/4) of Section Twelve (12), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton County, Illinois, described as follows: Beginning at a point 400 feet East of the Northwest Corner of the East 100 acres of the Northeast Quarter (NE 1/4) of Section Twelve (12) Township Eight, Range Four (4) East of the Fourth Principal Meridian, thence South 509 feet, thence East 1264.5 feet to the East line of said Northeast Quarter (NE 1/4) of Section Twelve (12) to the Northeast corner of said Quarter Section, thence West 1264.5 feet along the North line of said Northeast Quarter (NE 1/4) of said Section Twelve (12) to the point of beginning; be and the same is hereby annexed to the City of Farmington, Illinois. (Ord. 72-5; 11-6-72)
1-18-2: WARDS: The City shall be divided into four wards; designated as follows:
(A) The “First Ward” shall include all that portion of the City lying West of the centerline of Main Street and South of the centerline of Court Street.
(B) The “Second Ward” shall include all that portion of the City lying North of the centerline of Court Street, and West of the centerline of North Elmwood Road.
(C) The “Third Ward” shall include all that area of the City lying South of the center line of Court Street and East of the center line of Main Street, and North of the center line of Vernon Street and West of the center line of Elmwood Road; said Third Ward shall also include all that area of the City lying North of the center line of Fort Street and East of the center line of Elmwood Road.
(D) The “Fourth Ward” shall include all that area of the City lying East of the centerline of Main Street and South of a boundary formed by the centerline of Vernon Street running from Main Street East to South Elmwood Road. Then North on the centerline of South Elmwood Road to the centerline of Fort Street, thence east on said centerline to the City limits.
(E) A map setting forth said Wards is attached hereto for clarity of explanation, and made a part hereto. (Ord.82-11; 11-1-82)
- S.H.A. Ch. 24, Sec. 7-1-1 amd. 1965, 1967
Chapter 19
Depository
SECTION:
| 1-19-1: | Depository Designated |
| 1-19-2: | Statements of Resources and Liabilities |
1-19-1: DEPOSITORY DESIGNATED: Depositories designated as follows: The Bank of Farmington, Heritage Bank of Central Illinois, First Financial Bank, Bank of Yates City, National Bank of Canton, Norwest Bank, Fairview State Bank, Farmers Bank of Elmwood, Illinois public Treasurers Investment Pool, and IML Local Government Investment Trust shall be and are hereby designated as depositories in which the funds and moneys belonging to the City, in the custody of the Municipal Treasurer, may be deposited.
1-19-2: STATEMENTS OF RESOURCES AND LIABILITIES: No bank herein designated as a depository shall be qualified to receive the funds or moneys of the City until it has furnished the Council with copies of two (2) last sworn statement of resources and liabilities, which such bank is required to furnish to the Auditor of Public Accounts, or to the Comptroller of Currency. Each bank designated as depository for such funds or moneys shall furnish the Council with a copy of all bank statements, which it is required to furnish to the Auditor of Public Accounts, or the Comptroller of Currency, while acting as such depository. If such funds or moneys are deposited in a bank herein designated as a depository, the amounts of such deposits shall not exceed seventy five percent (75%) of the capital stock and surplus of such bank, and the Treasurer shall not be discharged from responsibility for any such funds or moneys deposited in any bank in excess of such limitation. (Res. dated 6-6-49)
Chapter 20
Police Protection Tax
SECTION:
| 1-20-1: | Police Protection Tax |
1-20-1: POLICE PROTECTION TAX: A tax is hereby imposed for the purpose of police protection in this City at the rate of five one hundredths percent (.05%) of the value, as equalized or assessed by the Department of Revenue of all the taxable property therein for the first year in which this tax is levied, and at a rate of seventy five one thousandths percent (.075%) of the value as equalized or assessed by the Department of Revenue for all taxable property therein, in all succeeding years, all in accordance with the provisions of Section 11-1-3 of the Illinois Municipal Code. (Ord. 70-6; 5-4-70)
Chapter 21
Caucus Elections
SECTION:
| 1-21-1: | Officers Nominated |
| 1-21-2: | Caucus Date |
| 1-21-3: | Commencement of Term |
1-21-1: OFFICERS NOMINATED: The Mayor, Clerk, Treasurer and Aldermen of the City shall be nominated by caucus according to law. (Ord. 92-20, 11-16-92)
1-21-2: CAUCUS DATE: The caucus for the nomination of Mayor, Clerk, Treasurer and Aldermen of the City shall be held on the day as required by law. (Ord. 92-20, 11-16-92)
1-21-3: COMMENCEMENT OF TERM: Newly elected officers’ terms shall commence at the first regular or special meeting of the corporate authorities held in the month of May following the election. (Ord. 97-01)
Chapter 22
Personnel
SECTION:
| 1-22-1: | Residence Requirements |
| 1-22-2: | Hiring, Control and Termination of Employees |
| 1-22-3: | Human Resources Guide |
1-22-1: RESIDENCE REQUIREMENTS: No person shall be eligible to hold any City office unless that person is qualified elector of the City and has resided therein at least one year next preceding his or her election or appointment.
These requirements shall not apply to any City Engineer, Health officer or other officers who require technical training or knowledge.
These requirements shall also not apply to any City Attorney or auditor.
All full-time police officers, part-time police officers, and the Chief of Police employed after adoption of this amended ordinance must reside within a thirty (30) mile radius of the corporate limits of Farmington, Fulton and Peoria Counties, Illinois. (Ordinance 2012-07 Passed 06/04/2012)
1-22-2: HIRING, CONTROL AND TERMINATION OF EMPLOYEES:
(A) The power to hire, control and terminate employees of the City shall be vested in a committee whose members shall be the Mayor and the seated Council members.
(B) A chairperson for said committee shall be selected by two-thirds (2/3) vote. The chairperson shall exercise day-to-day supervisory powers over the employees, subject to the committee’s control of said supervision requiring a two-thirds (2/3) vote.
(C) The committee shall hire and terminate employees with decisions requiring a two-thirds (2/3) vote.
(D) The employees subject to the terms of this Section are:
- Street, sewer and water employees (including the general superintendent and other supervisory personnel)
- Employees in the recreational department, including supervisory personnel.
- Police dispatchers.
- Other City employees whose appointment is not provided for by law. (Ord. 84, 2-1-82)
(E) The department supervisors of the various city departments are empowered to take disciplinary action deemed necessary by actions of any employee within that department they supervise. This shall include authority to suspend and employee from work until the matter can be reviewed by the City Council Personnel Committee. (Ordinance 2007-05).
1-22-3: HUMAN RESOURCES GUIDE:
(A) That all policies, rules and regulations pertaining to employment with the City of Farmington as contained in the attached “City of Farmington- Human Resources Guide” are hereby adopted by this ordinance.
(B) That said policies, rules and regulations pertaining to employment with the City of Farmington shall be kept in a document titled “City of Farmington – Human Resources Guide”.
(C) Violation of any policies, rules or regulations enacted by this ordinance will be subject to the disciplinary policy for violations occurring after the adoption of this Ordinance. (Ord. 98-02)
Chapter 23
Budget Officer
SECTION:
| 1-23-1: | Office Established |
| 1-23-2: | Appointment |
| 1-23-3: | Powers and Duties |
| 1-23-4: | Salary (Rep. by Ord. 84-13, 12-31-84, eff. 5-85) |
| 1-23-5: | Oath; Bond |
1-23-1: OFFICE ESTABLISHED: There is hereby established the office of Budget Officer.
1-23-2: APPOINTMENT: As allowed by the Illinois Revise Statutes, chapter 24, paragraph 8-2-9.1, the Budget Officer shall be designated by the Mayor with the approval of the Council. (Ord. 74-12, 4-17-74)
The Budget Officer shall be the same person as the City Administrator. (Ord. 84-13, 12-31-84, eff. 5-85)
1-23-3: POWERS AND DUTIES: The Budget Officer shall have the following powers and duties:
(A) Permit and encourage and establish the use of efficient planning, budgeting, auditing, reporting, accounting, and other fiscal management procedures in all Municipal departments, commissions and boards.
(B) Compile an annual budget in accordance with paragraph 8-2-9.3.
(C) Examine all books and records of all Municipal departments, commissions and boards which relate to the moneys received by the Municipality, Municipal departments, commissions and boards, and paid out by the Municipality, Municipal department, commissions, and boards, and debts and accounts receivable, amounts owed by or to the Municipality, Municipal departments, commissions and boards.
(D) Obtain such additional information from the Municipality, Municipal departments, commissions and boards as may be useful to the Budget Officer for purposes of compiling a Municipal budget, such information to be furnished by the Municipality, Municipal departments, commissions and boards in the form required by the Budget Officer. Any department, commission or board which refuses to make such information as is required of it available to the Budget Officer shall not be permitted to make expenditures under any subsequent budget for the Municipality until such Municipal department, commission or board shall comply if full with the request of the Budget Officer.
(E) Establish and maintain such procedures as shall insure that no expenditures are made by the Municipality, Municipal departments, commissions or boards except as authorized by the budget. (Ord.74-12, 4-17-74)
1-23-4: SALARY: (Rep. by Ord. 84-13, 12-31-84, eff. 5-85)
1-23-5: OATH; BOND: The Budget Officer shall take an oath of office as prescribed in Chapter 24, paragraph 3-14-3 of the Illinois Revised Statutes and shall post bond in the amount of one thousand dollars ($1,000.00). (Ord 74-12, 4-17-74)
Chapter 24
City Administrator
SECTION:
| 1-24-1: | Position Established, Appointment |
| 1-24-2: | Salary |
| 1-24-3: | Duties |
| 1-24-4: | Act as Budget Officer |
1-24-1: POSITION ESTABLISHED, APPOINTMENT: There is hereby established the position of the City Administrator. the City Administrator shall be appointed by a two-thirds (2/3) vote of the personnel committee, and he may be removed in the same manner.
1-24-2: SALARY: Beginning May 1, 1985, the Administrator shall be paid the salary of twenty two thousand dollars ($22,000.00), payable on a weekly basis.
1-24-3: DUTIES: The City Administrator shall have the following duties and responsibilities:
(A) Attend all regular and special City Council meetings.
(B) Publish general advertisements and notices.
(C) Coordinate bid procedures.
(D) Perform general requests and projects of the City Council.
(E) Keep cemetery records and handle matters relating to such matters and burials.
(F) Handle personnel matters including payroll, tax reports, group insurance reports and claims, personnel files, attendance and time keeping matters and act as Illinois Municipal Retirement Fund agent.
(G) Prepare the budget, maintain a receipts and disbursement ledger, maintain a general ledger, make all necessary reports, pay bills, oversee bank accounts, and investments, prepare tax levy ordinances, do utility billings, operate City business office.
(H) The City Administrator shall also be responsible for public works including:
- Planning and Scheduling
- Maintenance Programs
- Waterworks System
- Sewer System
- Streets
- Garbage Collection
- Employee Supervision
- Purchasing
- Citizen Complaints
The City Administrator shall be the chief administrative officer of the City and have the duties to supervise the day-to-day operations of the City’s departments and personnel (excluding police), and to carry out and implement the policies of the Mayor and City Council. In such capacity, other duties and responsibilities may be given to said officer by the City Council and are not necessarily limited by this Chapter.
1-24-4: ACT AS BUDGET OFFICER: The city Administrator shall also be the Budget Officer, as set forth in Title 1, Administrative, Chapter 23, Budget Officer and shall comply with all requirements and perform all duties set forth therein. (Ord. 84-14, 12-31-84)
Chapter 25
Superintendent of Public Works
SECTION:
| 1-25-1: | Office Established, Appointment |
| 1-25-2: | Salary |
| 1-25-3: | Duties |
1-25-1: OFFICE ESTABLISHED, APPOINTMENTS: There is hereby established the position of Superintendent of Public Works. Said Superintendent of Public Works shall be appointed by the City Council Personnel Committee upon two-thirds (2/3) vote and shall be removed in the same manner.
1-25-2: SALARY: The salary of the position of Superintendent of Public Works shall be set forth by the City Council in the annual budget adopted for each fiscal year.
1-25-3: DUTIES: The Superintendent of Public Works shall have the duties and responsibility as outlined in the City Employee Policy covering the position of Superintendent of Public Works. (Ord. 89-02, 6-20-89)
Chapter 26
Office Manager
SECTION:
| 1-26-1: | Position Established, Appointment |
| 1-26-2: | Salary |
| 1-26-3: | Duties, Responsibilities |
1-26-1: POSITION ESTABLISHED, APPOINTMENT: There is hereby established the position of Office Manager. The Office Manager shall be appointed by the Mayor with the advice and consent of the City Council.
1-26-2: SALARY: Beginning May 1, 1992, the Office Manager shall be paid the annual salary set by the City Council, payable on a biweekly basis.
1-26-3: DUTIES; RESPONSIBILITIES: The Officer Manager shall have the following duties and responsibilities:
(A) Perform all of the duties and responsibilities of the City Administrator at the City Administrator’s direction. (Ord. 91-24, 1-6-91)
Chapter 27
Administration of Local Taxes
SECTION:
| 1-27-1: | Title |
| 1-27-2: | Scope |
| 1-27-3: | Definitions |
| 1-27-4: | Notices |
| 1-27-5: | Late Payment |
| 1-27-6: | Payment |
| 1-27-7: | Credits and Refunds |
| 1-27-8: | Audit Procedure |
| 1-27-9: | Appeal |
| 1-27-10: | Hearing |
| 1-27-11: | Interest and Penalties |
| 1-27-12: | Abatement |
| 1-27-13: | Installment Contract |
| 1-27-1:4 | Statute of Limitation |
| 1-27-15: | Voluntary Disclosure |
| 1-27-16: | Publication of Tax Ordinance |
| 1-27-17: | Liens |
| 1-27-18: | Application |
| 1-27-19: | Severability |
1-27-1: TITLE: This Ordinance shall be known as, and may be cited as, the “Locally Imposed and Administered Tax Rights and Responsibility Ordinance.”
1-27-2: SCOPE: The provisions of this Ordinance shall apply to the City’s procedures in connection with all the City’s locally imposed and administered taxes.
1-27-3: DEFINITIONS: Certain words or terms herein shall have the meaning ascribed to them as follows:
“Act” means the “Local Government Taxpayers’ Bill of Rights Act.”
“Corporate Authorities” means the City Mayor and City Council.
“Locally Imposed and Administered Tax” or “tax” means each tax imposed by the City that is collected and administered by the City not an agency or department of the State. It does not include any taxed imposed upon real property under the Property Tax Code or fee collected by the City other than infrastructure maintenance fees.
“Local Tax Administrator” means the City Administrator, who is charged with the administration and collection of the locally imposed and administered taxes, including staff, employees or agents to the extent they are authorized by the local tax administrator to act in the local administrator’s stead. The local tax administrator shall have the authority to implement the terms of this ordinance to give full effect to this ordinance. The exercise of such authority by the local tax administrator shall not be inconsistent with this ordinance and the Act.
“City” means the City of Farmington, Illinois.
“Notice” means each audit notice, collection notice or other similar notice or communication in connection with each of the City’s locally imposed and administered taxes.
“Tax Ordinance” means each ordinance adopted by the City that imposes any locally imposed and administered tax.
“Taxpayer” means any person required to pay any locally imposed and administered tax and generally includes the person upon whom the legal incidence of such tax is placed and with respect to consumer taxes includes the business or entity required to collect and pay the locally imposed and administered tax to the City.
1-27-4: NOTICES: Unless otherwise provided, whenever notice is required to be given, the notice is to be in writing mailed no less than seven (7) calendar days prior to the day fixed for any applicable hearing, audit or other scheduled act of the local tax administrator. The notice shall be sent by the local tax administrator as follows:
- First class or express mail, or overnight mail, addressed to the persons at the persons’ last known address, or
- Personal service or delivery.
1-27-5: LATE PAYMENT: Any notice, payment, remittance or other filing required to be made to the City pursuant to any tax ordinance shall be considered late unless it is
(a) physically received by the City on or before the due date, or (b) received in an envelope or other container displaying a valid, readable US Postmark dated on or before the due date, properly addressed to the City, with adequate postage prepaid.
1-27-6: PAYMENT: Any payment or remittance received for a tax period shall be applied in the following order: (1) first to the tax due for the applicable period; (2) second to the interest due for the applicable period; and (3) third to the penalty for the applicable period.
1-27-7: CERTAIN CREDITS AND REFUNDS:
(a) The City shall not refund or credit taxes voluntarily paid without written protest at the time of payment in the event that a locally imposed an administered tax is declared invalidity enacted or unconstitutional by a court of competent jurisdiction. However, a taxpayer shall not be deemed to have paid the tax voluntarily if the taxpayer lacked knowledge of the facts upon which to protest the taxes at the time of payment or if the taxpayer paid the taxes under duress.
(b) The statute of limitations on a claim for credit or refund shall be four (4) years after the end of the calendar year in which payment in error was made. The City shall not grant a credit or refund of locally imposed and administered taxes, interest or penalties to a person who has not paid the amounts directly to the City.
(c) The procedure for claiming a credit or refund of locally imposed and administered. interest or penalties paid in error shall be as follows:
(A) The taxpayer shall submit to the local tax administrator in writing a claim for credit or refund together with a statement specifying:
(i) the name of the locally imposed and administered tax subject to the claim;
(ii) the tax period for the locally imposed and administered tax subject to the claim;
(iii) the date of the tax payment subject to the claim and the canceled check or receipt for the payment.
(iv) the taxpayer’s recalculation, accompanied by an amended or revised tax return in connection with the claim; and
(v) a request for either a refund or credit in connection with the claim to be applied to the amount of tax, interest and penalties overpaid, and, as applicable, reinterest on the amount overpaid; provided, however, that there shall be no refund and only a credit given in the event the taxpayer owes any moneys to the City.
(B) Within ten (10) days of the receipt of the local tax administrator of any claim for a refund or credit, the local tax administrator shall either:
(i) grant the claim, or
(ii) deny the claim, in whole or in part, together with a statement as to the reason for denial or the partial grant and denial.
(C) In the event the local tax administrator grants, in whole or in part, a claim for refund or credit, the amount of the grant for refund or credit shall bear interest at the rate of five percent (5%) per annum, based on a year of 365 days and the number of days elapsed, from the date of the overpayment to the date of mailing of a refund check or the grant of a credit.
1-27-8: AUDIT PROCEDURE: Any request for a proposed audit pursuant to any local administered tax shall comply with the notice requirements of the ordinance.
(a) Each notice of audit shall contain the following information:
(i) the tax;
(ii) the time period of the audit; and
(iii) a brief description of the books and records to be made for the auditor.
(b) Any audit shall be conducted during normal business hours and if the date and time selected by the local tax administrator is not agreeable to the taxpayer, another date and time may be requested by the taxpayer within thirty (30) days after the originally designated audit and during normal business hours.
(c) The taxpayer may request an extension of time to have an audit conducted. The audit shall be conducted not less than seven (7) days nor more than thirty (30) days form the date the notice is given, unless the taxpayer and the local tax administrator agreed to some other convenient time. In the event the taxpayer is unable to comply with the audit on the date in question, the taxpayer may request another date within the thirty (30) days, approved in writing, that is convenient to the taxpayer and the local tax administrator.
(d) Every taxpayer shall keep accurate books and records of the taxpayer’s business or activities, including original source documents and books of entry denoting the transaction which had given rise or may have given rise to any tax liability, exemption or deduction. All books shall be kept in the English language and shall be subject to and available for inspection by the City.
(e) It is the duty and responsibility of every taxpayer to make available its books and records for inspection by the City. If the taxpayer or tax collector fails to provide the documents necessary for audit within the time provided, the local tax administrator may issue tax determination and assessment based on the tax administrator’s determination of the best estimate of the taxpayer’s tax liability.
(f) If an audit determines there has been an overpayment of a locally imposed and administered tax as a result of the audit, written notice of the amount of overpayment shall be given to the taxpayer within thirty (30) days of the City’s determination of the amount of overpayment.
(g) In the event a tax payment was submitted to the incorrect local government entity, the local tax administrator shall notify the local government entity imposing such tax.
1-27-9: APPEAL:
(a) The local tax administrator shall send written notice to a taxpayer upon the local tax administrator’s issuance of a pro testable notice of tax due, a bill, a claim denial, or a notice of claim reduction regarding any tax. The notice shall include the following information:
(i) the reason for the assessment;
(ii) the amount of the tax liability proposed;
(iii) the procedure for appealing the assessment; and
(iv) the obligations of the City during the audit, appeal, refund and collection.
(b) A taxpayer who receives written notice from the local tax administrator of a determination of tax due or assessment may file with the local tax administrator a written protest and petition for hearing, setting forth the basis of the taxpayer’s request for a hearing. The written protest and petition for hearing must be filed with the local tax administrator within forty-five (45) days of receipt of the written notice of the determination and assessment.
(c) If a timely written notice and petition for hearing is filed, the local tax administrator shall fix the time and place for hearing and shall give written notice to the taxpayer. The hearing shall be scheduled for a date within fourteen (14) days of receipt of the written protest and petition for hearing, unless the taxpayer request a later date convenient to all parties.
(d) If a written protest and petition for hearing is not filed within the forty-five (45) day period, the tax determination, audit or assessment shall become a final bill and owing without further notice.
(e) Upon the showing of reasonable cause by the taxpayer and the full payment of the contested tax liability along with interest accrued as of the date of the tax, the local tax administrator may reopen or extend the time for filing a written protest and petition for hearing. In no event shall the time for filing a written protest and petition for hearing be reopened or extended for more than ninety (90) days after the expiration of the forty-five day period.
1-27-10: HEARING:
(a) Whenever a taxpayer or a tax collector has filed a timely written protest and petition for hearing under section nine, above, the local tax administrator shall conduct a hearing regarding any appeal.
(b) No continuances shall be granted except in cases where a continuance is absolutely necessary to protect the rights of the taxpayer. Lack of preparation shall not be grounds for a continuance. Any continuance granted shall not exceed fourteen (14) days.
(c) At the hearing the local tax administrator shall preside and shall hear testimony and accept any evidence relevant to the tax determination, audit or assessment. the strict rules of evidence applicable to judicial proceedings shall not apply.
(d) At the conclusion of the hearing, the local tax administrator shall make a written determination on the basis of the evidence presented at the hearing. The taxpayer or tax collector shall be provided with a copy of the written decision.
1-27-11: INTEREST AND PENALTIES: In the event a determination has been made that a tax is due and owing, through audit, assessment or other bill sent, the tax must be paid within the time frame otherwise indicated.
(a) Interest. The City hereby provides for the amount of interest to be assessed on a late payment, underpayment, or nonpayment of the tax, to be ten percent (10%) per annum, based on a year of 365 days and the number of days elapsed.
(b) Late Filing and Payment Penalties. If a tax return is not filed within the time and manner provided by the controlling tax ordinance, a late filing penalty, of five percent (5%) of the amount of tax required to be shown as due on a return shall be imposed: and a late payment penalty of five percent (5%) of the tax due shall be imposed. If no return is filed within the time or manner provided by the controlling tax ordinance and prior to the City issuing a notice of tax delinquency or notice of tax liability, then a failure to file a penalty shall be assessed equal to twenty five percent (25%) of the total tax due for the applicable reporting period for which the return was required to be filed. A late filing or payment penalty shall not apply if a failure to file penalty is imposed by the controlling ordinance.
1-27-12: ABATEMENT: The local tax administrator shall have the authority to waive or abate late filing penalty, late payment penalty or failure to file penalty if the local tax administrator shall determine reasonable cause exists for delay or failure to make a filing.
1-27-13: INSTALLMENT CONTRACT: The City may enter into an installment contract with the taxpayer for the payment of taxes under the controlling tax ordinance. The local tax administrator may not cancel any installment contract so entered unless the taxpayer fails to pay any amount due and owing. Upon written notice by the local tax administrator that the payment is thirty (30) days delinquent, the taxpayer shall have fourteen (14) working days to cure any delinquency. If the taxpayer fails to cure the delinquency within the fourteen (14) day period or fails to demonstrate good faith in restructuring the installment contact with the local tax administrator, the installment contract shall be canceled without further notice to the taxpayer.
1-27-14: STATUTE OF LIMITATION: The City, through local tax administrator, shall review all returns in a prompt and timely manner and inform taxpayers of any amounts due and owing. The taxpayer shall have forty-five (45) days after receiving notice of the reviewed tax returns to make any request for refunds or provide any tax still due and owing.
(a) No determination of tax due and owing may be issued more than four years after the end of the calendar year for which the return for the applicable period was filed or for the calendar year in which the return for the applicable period was due, whichever occurs later.
(b) If any tax return is not filed or if during any four year period for which a notice of tax determination or assessment may be issued by the City, the tax paid was less than 75% of the tax due, the statute of limitations shall be six (6) years maximum after the end of the calendar year in which return for the applicable period was due or end of the calendar year in which the return for the applicable period was filed.
(c) No statute of limitations shall apply if a fraudulent tax return was filed by the taxpayer.
1-27-15: VOLUNTARY DISCLOSURE: For any locally imposed and administered tax for which a taxpayer has not received a written notice of an audit, investigation, or assessment from the local tax administrator, a taxpayer is entitled to file an application with the local tax administrator for a voluntary disclosure of the tax due. A taxpayer filing a voluntary disclosure application must agree to pay the amount of the tax due, along with interest of one percent (1%) per month, for all periods prior to the filing of the application but not more than four years before the date of filing the application. A taxpayer filing a valid voluntary disclosure application may not be liable for any additional tax, interest, or penalty for any period before the date the application was filed. However, of the taxpayer incorrectly determined and underpaid the amount of tax due, the taxpayer is liable for the underpaid tax along with applicable interest underpaid tax, unless the underpayment was the result of fraud on the part of the taxpayer, in which case the application shall be deemed invalid and void. The payment of tax and interest must be made by no later than ninety (90) days after the filing of the voluntary disclosure application or the date agreed to by the local tax administrator. However, any additional amounts owed as a result of an underpayment of tax and interest previously paid under this Section must be paid within ninety (90) days after a final determination and the exhaustion of all appeals of the additional amount owed or the date agreed to by the local tax administrator, whichever is longer.
1-27-16: PUBLICATION OF TAX ORDINANCES: Any locally administered tax ordinance shall be published via normal or standard publishing requirements. The posting of a tax ordinance on the Internet shall also satisfy the publication requirements. Copies of all tax ordinances shall be made available to the public upon request at the City Clerk’s Office.
1-27-17: LIENS: The local tax administrator shall establish an internal review procedure regarding any liens filed against any taxpayers for unpaid taxes. Upon a determination by the local tax administrator that the lien is valid, the lien shall remain in full force and effect. If the lien is determined to be improper, the local tax administrator shall:
(i) timely remove the lien at the City’s expense:
(ii) correct the taxpayer’s credit record; and
(iii) correct any public disclosure of the improperly imposed lien.
1-27-18: APPLICATION: This ordinance shall be liberally construed and administered to supplement all of the City’s tax ordinance. To the extent that any tax ordinance is in conflict with or inconsistent with this ordinance, this ordinance shall be controlling.
1-27-19: SEVERABILITY: If any section, paragraph or provisions of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this ordinance. (Ord. 01-01, 01-02-01)
Chapter 28
Ethics Act
SECTION:
| 1-28-1: | Definitions |
| 1-28-2: | Prohibited Political Activities |
| 1-28-3: | Gift Ban |
| 1-28-4: | Ethics Advisor |
| 1-28-5: | Penalties |
1-28-1: DEFINITIONS: For purposes of this ordinance, the following terms shall be given these definitions:
“Campaign for elective office” means any activity in furtherance of an effort to influence the selection, election, or appointment of any individual to any federal, State, or local public office in a political organization, or the selection, nomination, or election of Presidential or Vice-presidential electors, but does not include activities:
- Relating to the support or opposition of any executive, legislative, or administrative action,
- Relating to collective bargaining, or
- That are otherwise in furtherance of the person’s official duties.
“Candidate” means a person who has filed nominating papers or petitions for nominations or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in section 1-3 of the Election Code (10 ILCS 5/1-3).
“Collective bargaining” has the same meaning as that term is defined in Section 3 of the Illinois Public Labor Relations Act (5 ILCS 315-3).
“Compensated time “ means, with respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this Ordinance, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers or employees whose hours are not fixed, “compensated time” includes any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location.
“Compensatory time off” means authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment.
“Contribution” has the same meaning as that term is defined in section 9-1.4 of the Election Code (10 ILCS 5/9-1.4).
“Employee” means a person employed by the City of Farmington, whether on a full-time or part-time basis or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor.
“Employer” means the City of Farmington.
“Gift” means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee.
“Leave of absence” means any period during which an employee does not receive:
- Compensation for employment
- Service credits towards pension benefits
- Health insurance benefits paid for by the employer.
“Officer” means a person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the officer is compensated for service in his or her official capacity.
“Political activity” means any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities;
- Relating to the support or opposition of any executive, legislative, or administrative action,
- Relating to collective bargaining, or
- That are otherwise in furtherance of the person’s official duties.
“Political organization” means a party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under Section 9-3 of the Election Code (10 ILCS 5/9-3), but only with regard to those activities that require filing with the State Board of Elections or a county clerk.
“Prohibited political activity” means:
- Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event.
- Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fund-raiser, political meeting, or other political event.
- Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution.
- Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.
- Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.
- Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question.
- Soliciting votes on behalf of a candidate for elective office or political organization or for or against any referendum question or helping in an effort to get voters to the poll.
- Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question.
- Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office.
- Preparing or reviewing responses to candidate questionnaires.
- Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question.
- Campaigning for any elective office or for or against any referendum question.
- Managing or working on a campaign for elective office or for or against any referendum question.
- Serving as a delegate, alternate, or proxy to a political party convention.
- Participating in any recount or challenge to the outcome of any election.
“Prohibited source” means any person or entity who:
- is seeking official action (i) by an officer or (ii) by an employee, or by the officer or another employee directing that employee.
- does business or seeks to do business (i) with the officer or (ii) with an employee, or with the officer or another employee directing the employee;
- conducts activities regulated (i) by the officer or (ii) by an employee, or by the officer or another employee directing that employee; or
- has interests that may be substantially affected by the performance or nonperformance of the official duties of the officer or employee.
1-28-2: PROHIBITED POLITICAL ACTIVITIES: Section 5-1. Prohibited political activities.
(a) No officer or employee shall intentionally perform any prohibited political activity during any compensated time, as defined herein. No officer or employee shall intentionally use any property or resources of the City of Farmington in connection with any prohibited political activity.
(b) At no time shall any officer or employee intentionally require any other officer or employee to perform any prohibited political activity (i) as part of that officer or employee’s duties, (ii) as a condition of employment, or (iii) during any compensated time off (such as holiday’s, vacation or personal time off).
(c) No officer or employee shall be required at any time to participate in any prohibited political activity in consideration for that officer or employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any officer or employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity.
(d) Nothing in this Section prohibits activities that are permissible for an officer or employee to engage in as part of his or her official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this Ordinance.
(e) No person either (i) in a position that is subject to recognized merit principles of public employment or (ii) in a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for Merit System of Personnel Administration applicable to grant-in-aid programs, shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club.
1-28-3: GIFT BAN: Section 10-1. Except as permitted by this Article, no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to herein as “recipients”), shall intentionally solicit or accept any gift from any prohibited source, as defined herein, or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift that violates this Section.
Section 10-2: Exceptions
- Opportunities, benefits, and services that are available on the same conditions as for the general public.
- Anything for which the officer or employee, or his or her spouse or immediate family member, pays the fair market value.
- Any (i) contribution that is lawfully made under the Election Code or (ii) activities associated with a fundraising event in support of a political organization or candidate.
- Educational materials and missions.
- Travel expenses for a meeting to discuss business.
- A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, nice, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual’s spouse and the individual’s fiancé of fiancee.
- Anything provided by an individual on the basis of a personal friendship unless the recipients has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (i) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (ii) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family members.
- Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are (i) consumed on the premises from which they were purchased or prepared or (ii) catered. For the purposes of this Section, “catered” means food or refreshments that are purchased ready to consume which are delivered by any means.
- Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances.
- Intra-governmental and intergovernmental gifts. For the purpose of this Act, “intra governmental gift” means any gift given to an officer or employee from another officer or employee, and “intergovernmental gift” means any gift given to an officer or employee by an officers or employee of another governmental entity.
- Bequests, inheritances, and other transfers at death.
- Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100.
Each of the exceptions listed in this Section is mutually exclusive and independent of every other.
Section 10-3. Disposition of gifts. An officer or employee, his or her spouse or an immediate family member living with the officer or employee, does not violate this Ordinance if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded.
1-28-4: ETHICS ADVISOR:
Section 15-1. The Mayor, with the advice and consent of the City Council shall designate an Ethics Advisor for the City of Farmington. The duties of the Ethics Advisor may be delegated to an officer or employee of the City of Farmington unless the position has been created as an office by the City of Farmington.
Section 15-2. The Ethics Advisor shall provide guidance to the officers and employees of the City of Farmington concerning the interpretation of and compliance with the provisions of this Ordinance and State ethics laws. The Ethics Advisor shall perform such other duties as may be delegated by the City Council.
1-28-5: PENALTIES: Section 25-1.
(a) A person who intentionally violates any provision of Article 5 of this Ordinance may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount no to exceed $2,500.
(b) A person who intentionally violates any provision of Article 3 of this Ordinance is subject to a fine in an amount of not less than $1,001 and not more than $5,000.
(c) Any person who intentionally makes a false report alleging a violation of any provision of this Ordinance to the local enforcement authorities, the State’s Attorney or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500.
(d) A violation of Article 5 of this Ordinance shall be prosecuted as a criminal offense by an attorney for the City of Farmington by filing in the circuit court an information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of guilt of the defendant beyond a reasonable doubt. A violation of Article 10 of this Ordinance may be prosecuted as a quasi-criminal offense by an attorney for the City of Farmington, or, if an Ethics Committee has been created, by the Commission through the designated administrative procedure.
(e) In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violates any provision of Article 5 or Article 10 of this Ordinance is subject to discipline or discharge. (Ord. 2004-10, 05-19-04)