Upon adoption by the village board of trustees, this Code shall constitute the official village code. This Code shall be known and cited as the "Code of Ordinances of the Village of Hampton, Illinois," and is published by authority of the board of trustees. This Code may also be referred to by the shortened title "Hampton Village Code."

(Code 2024, § 1.1.1)

This Code shall be received without further proof in all courts of the state as the ordinances of the village of general and permanent effect, except the excluded ordinances enumerated in HVC 1.00.090.

(Code 2024, § 1.1.2)

When the following words or terms are used in this Code, they shall have such meaning as ascribed to them below, unless the context specifically indicates otherwise:

General rule. Words and phrases shall be taken in their plain or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.

Agent. The term "agent" means a person acting on behalf of another.

Board of trustees, village board. The term "board of trustees" or "village board" means the trustees of the village and the president of the board of trustees.

Code, this Code, this Code of Ordinances. The term "Code," "this Code," or "this Code of Ordinances" means the Code of Ordinances of the Village of Hampton, Illinois, as modified by amendment, revision, and adoption of new chapters or sections.

County. The term "county" means Rock Island County, Illinois.

Employees. When reference is made in this Code to a village employee by title only, this shall be construed as though followed by the words "of the Village of Hampton, Illinois."

Fee. The term "fee" means a sum of money charged by the village for the carrying on of a business, profession or occupation.

Fee schedule. The term "fee schedule" means a comprehensive list of fees for city services adopted from time to time by the village board.

Fiscal year. The fiscal year of the village is from May 1 to April 30 of each calendar year.

ILCS. The term "ILCS" means the Illinois Compiled Statutes, as amended from time to time.

Ill. Admin. Code. The term "Ill. Admin. Code" means the Illinois Administrative Code, as amended from time to time.

License. The term "license" means the permission granted for the carrying on of a business, profession or occupation.

Misdemeanor. The term "misdemeanor" means any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed.

Occupant. The term "occupant," as applied to a building or land, includes any person who occupies the whole or any part of such building or land, whether alone or with others.

Offense. The term "offense" means any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code.

Officers. When reference is made in this Code to a village officer by title only, this shall be construed as though followed by the words "of the Village of Hampton, Illinois."

Operator. The term "operator" means the person who is in charge of any operation, business or profession.

Owner. The term "owner," as applied to a building or land, includes 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 term "person" means any public or private corporation, firm, partnership, association, organization, government or any other group acting as a unit, as well as a natural person.

Personal property. The term "personal property" includes 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 term "retailer," unless otherwise specifically defined, is understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer.

Right-of-way. The term "right-of-way" means the privilege of the immediate use of the roadway or other property.

Shall, may. The term "shall" is mandatory; the term "may" is permissive.

State. The term "state" means the State of Illinois.

Street. The term "street" includes alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.

Tenant. The term "tenant," as applied to a building or land, includes any person who occupies the whole or any part of such buildings or land, whether alone or with others.

Village. The term "village" means the Village of Hampton, County of Rock Island, State of Illinois.

Wholesaler, wholesale dealer. The terms "wholesaler" and "wholesale dealer," unless otherwise specifically defined, are understood to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale.

Writing. The term "writing" may include printing and any other mode of representing word 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 the proper handwriting of such person, or in case he is unable to write, by his proper mark.

(Code 2024, § 1.3.1)

The construction of all ordinances of the village shall be by the following rules, unless such construction is plainly repugnant to the intent of the legislative body or to the context of the same ordinance:

1. Applicability. These rules of construction shall not apply to any provision of this Code which shall contain any express provision excluding that construction, or when the subject matter or context of this Code may be repugnant thereto.
2. Singular and plural, conjunctions, gender and tense. As used in this Code, unless the context otherwise requires, the following rules will be followed:
   1. The singular shall include the plural, and the plural shall include the singular.
   2. Words of gender shall include all genders.
   3. Words in the present tense shall include the future.
   4. "And" may be read "or" or "and," and "or" may be read "and," if the context admits.
3. Official time; computation of time. The official time for the village shall be as set by federal law. The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in the state, and then it shall also be excluded. If the day succeeding Saturday, Sunday, or a holiday is also a holiday or a Saturday or Sunday, then the succeeding day shall also be excluded.
4. Reasonable time. In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice.
5. Agents. When the law requires an act to be done which may by law as well be done by an agent as by the principal, the requirement shall be construed to include all such acts when done by an authorized agent.
6. Delegation of authority. When a provision appears requiring the head of a department or some other village officer to do some act or make certain inspections, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise.
7. Joint authority. Words purporting to give joint authority to three or more municipal officers or other persons shall be construed as giving authority to a majority of the officers or persons.
8. Illustrations, tables and other graphic representations. In case of any difference of meaning or implication between the text of any section of this Code and any caption, illustration, or table, the text shall control. No caption, illustration, table or other graphic representation shall be construed to limit the scope or intent of the text of any section of this Code.
9. Publication edition or version. When in this Code a compilation of law or other publication is referred to, including this Code, or is adopted by reference, the citation shall be deemed to refer to the most current edition or version of such publication, as amended, unless this Code specifically otherwise provides.
10. Conflicting provisions. If the provisions of different codes, chapters, or sections of these codified ordinances conflict with or contravene each other, the provisions bearing the latest passage date shall prevail. If the conflicting provisions bear the same passage date, the conflict shall be construed so as to be consistent with the meaning or legal effect of the questions of the subject matter taken as a whole.
11. Errors and omissions. If a manifest error is discovered consisting of the misspelling of any word; the omission of any word necessary to express the intention of the provisions affected; the use of a word to which no meaning can be attached; or the use of a word when another word was clearly intended to express such intent, such spelling shall be corrected and such word supplied, omitted or substituted as will conform with the manifest intention, and the provision shall have the same effect as though the correct words were contained in the text as originally published. No alterations shall be made or permitted if any question exist regarding the nature or extent of such error.

1. The catchlines of the several sections of this Code, titles, headings (chapter, division, article, section, and subsection), editor's notes, cross references and state law references, unless set out in the body of the section itself, contained in this Code, do not constitute any part of the law, and are intended merely to indicate, explain, supplement or clarify the contents of a section.
2. Similarly, cross references, state law references, editor's notes and history notes are by way of explanation only and shall not be deemed a part of the text of any section.
3. The use of italic print, underlining, uppercase letters, line spacing, indentations, margins or any combination thereof in the ordinances of the village and in this Code shall not be deemed a material part of such ordinances or of this Code, but rather as an aid to persons in locating, reading and understanding the provisions thereof.

(Code 2024, § 1.3.2)

1. Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the village board to make the addition or amendment a part of this Code, shall be deemed to be incorporated in this Code so that reference to the Code shall be understood and intended to include such additions and amendments.
2. All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion in this Code. When subsequent ordinances repeal any chapter, section or subsection or any portion of a chapter, section or subsection, such repealed portions may be excluded from the Code by omission from reprinted pages. The subsequent ordinances as numbered and printed or omitted in a repeal shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new code by the village board.
3. Amendments to any section of this Code shall be made by amending such section by specific reference to the section number of this Code in the following language: "That section _____ of the Code of Ordinances of the Village of Hampton, Illinois, is hereby amended to read as follows: . . .." The new section shall then be set out in full and shall be underscored, and any provisions which are to be deleted shall be enclosed in brackets.
4. If a new section not existing in the Code is to be added, the following language shall be used: "That the Code of Ordinances of the Village of Hampton, Illinois, is hereby amended by adding a section, to be numbered _____, which section reads as follows: . . .." The new section shall then be set out in full and shall be underscored.
5. Every subsection, section, division, article or chapter desired to be repealed must be set out in full and specifically repealed by subsection, section, division, article or chapter, as the case may be.
6. However, any subsequent ordinance which fails to amend this Code in the manner provided for in this section shall not be deemed invalid as a result of such failure to follow the procedure outlined in this section.

(Code 2024, § 1.1.3)

1. By contract or by village personnel, supplements to this Code shall be prepared and printed when authorized or directed by the village. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the village board or adopted by initiative and referendum during the period covered by the supplement and all changes made by the supplement in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages that have become obsolete or partially obsolete; and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
2. In preparing a supplement to this Code, all portions of the Code that have been repealed shall be excluded from the Code by their omission from reprinted pages.
3. When preparing a supplement to this Code, the codifier, meaning the person, agency or organization authorized to prepare the supplement, may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:
   1. Organize the ordinance material into appropriate subdivisions;
   2. Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement and make changes in catchlines, headings and titles;
   3. Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;
   4. Change the term "this ordinance" or terms of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _____ through _____"; the inserted section numbers will indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code; and
   5. Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

1. No person shall alter, change, replace or deface in any way any section or any page of this Code in a manner that the meaning of any phrase or order made be changed or omitted. Replacement pages may be inserted according to the official when so authorized by the village board. The village clerk shall see that the replacement pages are properly inserted in the official copies maintained in the office of the village clerk.
2. Any person having in his custody an official copy of this Code shall make every effort to maintain it in an up-to-date and efficient manner. Each person shall see to the immediate insertion of new or replacement pages when they are delivered from the office of the village clerk. Code books in the possession of officials and other interested persons shall remain the property of the village and shall be returned to the office of the village clerk when directed by order of the village board.

(Code 2024, § 1.1.5)

1. Generally. All general ordinances of the village passed prior to the adoption of this Code are repealed, except such as are referred to as being still enforced or are by necessary implication reserved from appeal (subject to the saving clauses contained in subsection (b) of this section), from which are excluded the following ordinances which are not repealed:
   1. Tax levy and appropriation ordinances;
   2. Special assessments ordinances relating to boundaries and annexations;
   3. Franchise ordinances and other ordinances granting rights to persons or corporations;
   4. Contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants;
   5. Salary ordinances;
   6. Ordinances establishing, naming, or vacating streets, alleys or other public places;
   7. Improvement ordinances;
   8. Bond ordinances;
   9. Ordinances relating to elections;
   10. Ordinances relating to the transfer or acceptance of real estate by or from the village; and
   11. All special ordinances.
2. Railway related and public utility ordinances. No ordinance relating to railroads or railroad crossings 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 Code or by virtue of subsection (a) of this section, excepting as this Code may contain provisions for such matters, in which case this Code shall be considered as amending such ordinance in respect to such provisions only.

(Code 2024, §§ 1.2.1, 1.2.2)

1. No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against the former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or any way whatever to affect 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 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.
2. This section shall extend to all repeals either by express words or implication, whether the repeal is the ordinance making any new provisions upon the same subject or any other ordinance.
3. Nothing contained in this section shall be construed as abetting any action now pending under or by virtue of any general ordinance of the village 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, abetting, modifying or altering any penalty accrued or to accrue, or as affecting the ability of any person, firm or corporation, or as waiving any right of the village under any ordinance or provision in force at the time of the adoption of this Code.

(Code 2024, § 1.2.3)

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Code or any part is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Code or any part thereof. The village board declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.

(Code 2024, § 1.2.4)

Violations of this Code shall be triable as civil cases whenever in this Code or in any ordinances of the village any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful or an offense, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punished by a fine of $50.00 for the first offense, $75.00 for the second such offense, $100.00 for the third offense and not more than $500.00 for each offense after the third offense. Each day any willful violation of any provisions of this Code or of any ordinance shall constitute a separate offense.

(Code 2024, § 1.8.1)

In lieu of proceeding under any provision of this Code for a civil penalty, in the discretion of the village attorney or corporate counsel, violations of the provisions of this Code may be prosecuted as misdemeanors in the circuit court by information or by complaint sworn to, as criminal offenses. Such prosecutions shall conform to the rules of criminal procedure and the charge shall give notice that it is a criminal proceeding. Upon conviction, a person violating this Code shall be punished by imprisonment in a place other than a penitentiary for a term not to exceed six months and be fined not to exceed $500.00 or both. The provisions for incarceration shall not apply to persons who have not attained the age of maturity.

(Code 2024, § 1.8.2)

Specific fines and penalties are as outlined in Table 1.00.140 below.

Table 1.00.140 

(Code 2024, § 1.8.3)