To Trustee, Peotone:

"It is possible to regulate traffic in the manner mentioned in your letter of the 27th by appropriate ordinance.

"I am asking Mr. Sargent to send you a copy of the League Traffic Ordinance."

To City Clerk, Gibson City:

"The procedure you outlined in your letter of the 22nd concerning traffic regulation at the intersection of the State route with a city street, seems all right to me. I suggest that you check this with your own City Attorney, and also with the State Highway Department."

To City Attorney, Monticello:

"As I gather the facts from your letter of the 25th, a sewer treatment plant was installed outside the corporate limits, the cost being paid by the subdivider, and since then the municipality has annexed the territory involved; and now the plan is to install sewer mains in another adjacent portion of the city, which mains would be served through the mains in the area annexed.

"If it is merely a matter of using mains and lift stations located in what are now city streets, I believe the municipality has the power to connect with this system without paying the persons who installed the system, for the privilege.

"As I review it, upon annexation the mains and lift stations became the property of the City."

To City Clerk, Ashley:

"The conclusion that the County Board can fill a vacancy in the office of Police Magistrate when there is less than a year to run, is based upon an interpretation of the Constitution and Chapter 46 of the Revised Statutes. The Attorney General has written an opinion on the subject which rites the pertinent Statutes and Constitutional provisions."

To City Attorney, Geneva:

"Ordinances permitting the sale of liquor, except ing with meals, on Sundays, have been in force in other states and have resulted in some rather weird conclusions as to what constitutes a meal.

"I do not believe that such an ordinance has been passed upon by the Courts of Illinois as yet."'

To Village Attorney, Thornton:

"I believe the village has the power to prohibit driving a vehicle which is so loaded or in such a condition that it drops part of its load on the streets, and that a minimum fine and a maximum fine of $200 may be provided.

"I do not know of any decision on the validity of an ordinance which provides for an increase in the minimum fine after a first or second offense."

To Corporation Counsel, Hoopeston:

"You will find in the November, 1949 issue of THE ILLINOIS MUNICIPAL REVIEW an article on handbills, and in the August, 1951 issue an article on soliciting and peddling. I believe these two will help you in the problem mentioned in your letter of July fifth,

"I doubt the authority of a municipality requiring a bond to protect prospective customers from fraudulent practices."

To City Attorney, Princeton:

"In view of the fact that streets are designed for travel, I have always been of the opinion that a municipality could prohibit moving houses on or across a street."

To Village President, Grant Park:

"A water extension may be financed by the issuance of revenue bonds—in which case a referendum can be called for by petition; or by general obligation bonds, in which case a referendum is necessary.

"A contract for the work may be entered into if there is a prior appropriation to cover the expense."

To Attorney, Forreston:

"In view of recent decisions of the Supreme Court, a municipality can not compel a utility to pay for its use of the streets.

"Some years ago, the Illinois Municipal League published a suggested telephone service ordinance, a copy of which the executive office could probably send you."

To Mayor, Toluca:

"I believe that volunteer policemen may arrest, any person who violates the law in their presence and may give a ticket in the event of a traffic violation."

To City Attorney, Dixon:

"I know of no statutory provision—nor any decision— prohibiting a municipality from establishing a city dump within a certain distance of the boundaries of a municipality.

"Of course, if in a particular case a nuisance might, be created, then the courts would intervene regardless of any statute."

To Village Clerk, Andalusia:

"I do not know upon what authority a decision was entered holding that municipality speeding ordinances passed prior to 1953 would be void but such ordinances passed subsequent to that date would be valid.

"If an arrest is made for a violation of the State Traffic Law within a municipality and the prosecution carried on by the municipal officials, the fine goes to the municipality.

"If you repass Section 387 of your Municipal Code, it would then obviate the effect of the decision mentioned above."

To Mayor, Benton:

"If the ordinances provide—as they may well do—that any club which has a club liquor dealers license may operate for a stated period of time on premises other than club premises, then such a club may sell alcoholic liquor at a picnic or similar occasion. Many municipalities have been in the habit of permitting a club to sell liquor at a picnic or other occasion on premises other than those named in the permit, but this practice is questionable unless the ordinance itself provides for it.

"A provision to this effect, should provide for an application to be made reciting the date, occasion and place for the sale of alcoholic liquor under the license at a place other than that named, in the license itself. Then a special permit could be granted."

To Mayor, Pittsfield:

"I do not know of any municipalities which have had experience with Sections 1211-1224 of Chapter 24 relative to industrial buildings."

To City Attorney, Shawneetown:

"The question of incompatibility of offices must be determined by the application of Article 3 of the Illinois Constitution dividing the State into legislative, executive and judicial divisions. No person can hold office in more than one of these divisions.

"It occurs to me that the offices of township supervisor and mayor or president, and town or village clerk are executive in nature. Aldermen or trustees are legislative in nature, and a justice of the peace or police magistrate holds a judicial office."

To Village President, Montrose:

"I think your ordinance limiting the number of taverns is effective, although most ordinances specify how many licenses may be issued rather than base it upon the population."

To Village Clerk, Meredosia:

"The question of liability for injury occurring to persons in a village dump depends upon many things, including among others whether there was an attractive nuisance if injury to children is involved.

"This is a matter that should be taken up with your local attorney, for it depends upon the precise facts involved."

To City Attorney, Princeton:

"Whether an ordinance permitting moving houses on the streets from one point in the city to another, but prohibiting moving houses from outside the corporate limits to within the corporate limits would be subject to attack on the ground of discrimination might be debated.

"Perhaps the situation could be met by providing that no house could be moved on or across a public street without the permission of the Council or Village Board."

To Village Clerk, Andalusia:

"The League published a recommended Sales Tax Ordinance last year, and copies can be secured from the Executive Office in Springfield.

"I have no more left here."

To Attorney, Cherry:

"The only decision I know of in Illinois holding that a trustee or alderman who refuses to vote is considered as voting with the majority is Launtz v. People, 113 Ill. 137 where the vote was on the motion to appoint an officer.

"There are decisions in some other States applying a similar rule to the passage of an ordinance."

To Attorney, Steger:

"The Supreme Court has held that cities and villages do not have the power to license or regulate used car lots, so an ordinance purporting to do so would be invalid unless and until we have specific authorization in the statutes to regulate this business."

To Attorney, Vienna:

"A vacancy in the office of alderman can be filled only by a special election in the ward concerned."

To Village Clerk, Wenonah:

"On the facts described in your letter of the 12th, the person annoyed by the noise and odors should file a complaint based upon the violation of the ordinances."

To Alderman, Keithsburg:

"The city has the power to compel the removal of any scale or similar structure located in any street, regardless of how long the structure has been there."

To Village President, Golf:

"In my own opinion, it is not necessary to impose a tax on a municipally owned water system when a city takes advantage of the statute permitting taxation upon a utility company.

"This is a new statute, however, and although the Supreme Court has recently held it valid, there are some attorneys who feel that to exempt the city water plant from the utility tax would render the ordinance void.

"I do not agree with this myself, since the city is in effect taxing itself, but at the present time, nobody can say for certain that exempting the municipal water plant from the utility tax would be valid."

To Town President, Normal:

"The village may put in a sidewalk by special assessments where needed, assessing the cost to the property benefited, even without the consent of the owners."

To Mayor, Pittsfield:

"When an ordinary ordinance is submitted to a City Council consisting of eight aldermen, one being absent, and the ordinance receives a favorable vote of four, the ordinance is not passed but the Mayor is called upon to vote just as though there were an actual tie.

"If the Mayor votes 'No'—the ordinance is defeated."

To Village President, Forest View:

"Confirming our conversation the other day, I recall a talk with Mr. Vana and one or two other officials of the Village of Forest View at an Illinois Municipal League convention two or three years ago on the subject of paying expenses incurred by a Village President or member of the Village Board on Village business.

"Of course I do not recall the precise language used,

nor the questions asked, but I do remember discussing this topic, and I know that I must have said then what I have said many times before and since to municipal officials on the same question.

"Members of the Board of Trustees and the President can receive only such compensation as is lawfully fixed by ordinance for their services to the Village. They can not receive any additional compensation no matter how much time they devote to Village business. They are entitled, however, to reimbursement for any expenses they incur in connection with Village business, including telephone calls, transportation charges and the use of their own car on Village business if there is any way to compute that amount."

To City Attorney, Pontiac:

"There are a couple of decisions now by our Illinois Supreme Court upholding the right to acquire space for off-the-street parking and the issuance of bonds payable from parking meter revenue to pay the cost thereof."

To Village Clerk, Hamel:

"There are no State restrictions upon the location of a water tower other than those relating to possible pollution of the system."

To City Clerk, Ashley:

"A police magistrate may be appointed by the County Board to fill a vacancy where less than a year is to run. "Otherwise the vacancy must be filled by election."

To City Attorney, Jerseyville:

"A plan commission cannot make rules that would be enforeible. Such rules must be adopted by ordinance.

"However, the Council could, as a practical matter, refer all applications for approval of a subdivision plat to the plan commission for its recommendations."

To City Clerk, Chrisman:

"The only provision I know of requiring that copies of building permits be filed with the assessor applies only to Cook County. (See Ill. Rev. Statutes, Chapter 34, Par. 26-B.)"

To Village Clerk, Reddick:

"I believe the Board can enforce an ordinance preventing the use of a trailer for a residence, excepting in an established trailer camp, even though the trailer was devoted to such use before the ordinance was passed.

"I doubt that the municipality could prohibit parking a trailer on private premises if the trailer was merely parked there and not used."

To Village Attorney, Calumet Park:

"Although there is no specific exemption in the Chauffeur's Statute, it is generally construed as not requiring policemen to have a chauffeur's license. On the other hand, one whose main duty is to drive a village truck would be required to have a chauffeur's license.

"The Village has the power to require a bond from anybody who makes excavations in the street or does other similar work. I doubt that it has the power to require a bond from contractors or subcontractors who do not perform that kind of work.

"There is no specific authority for licensing building contractors other than one authorizing the licensing of mason contractors in cities of over 35,000."

To City Manager, Elgin:

"The question as to the holding of an election on the question of a forestry tax is one which should be taken up with the city attorney.

"I can not see that the fact that the city lies in more than one county or in more than one township would prevent you from holding such an election. The forestry tax is authorized by Article 69.1 of Chapter 24 of the Revised Statutes, which provides that the question of adopting the tax may 'be submitted at any general or special election held in a municipality.'

"For such election, the city has the power to establish the precincts or voting districts. If the county precincts for the election of November 6th do not coincide with the

city precincts, it would be extremely difficult as a practical matter to hold a special election at the same time as the general elections and to use the same precincts."

To Trustee, Cary:

"The enclosed (from the city of Zion, I believe) will help on the matter of setting up a house numbering system."

To Supt. Water Plant, Carmi:

"Illinois Revised Statutes, Chapter 24, Par. 9-62 requires that publication of the Annual Treasurer's Report showing all receipts and expenditures."

To Attorney, Zeigler:

"As I recall the Motor Vehicle Act, it provides that where an arrest is made and the case is prosecuted by the municipal officials, the fine then goes to the municipality. (See Ill. Rev. Statutes, Chapter 95 1/2, Par. 138.)"

To Attorney, Cerro Gordo:

"The decision in People ex rel v. Glencoe, 372 Ill. 280, establishes a rule that money collected for a particular purpose may be used for any other municipal purpose if there is a surplus over what is needed for the purpose for which the tax or revenue was originally received.

"On the facts as you describe them in your letter of the 11th, it would seem that the surplus in the garbage collection fund may be transferred for use for any other municipal purpose. It would follow that the city would have to stop levying a special garbage tax unless and until it commenced a program of garbage disposal."

To City Attorney, Jacksonville:

"The matter of taxing city owned property, which though owned by the city is not actually in use for municipal purposes, has come up a few times.

"In Mattoon v. Graham, 386 Ill. 180, the Court held that land held for possible future use, but presently rented for farming purposes was taxable. In People v. Quiney, 395 Ill. 190, the Court held that a municipal airport outside the corporate limits was exempt from taxation even though the municipality obtained some revenue from persons using the airport.

"Each of these opinions reviews earlier cases on exemption of municipally owned property."

To Mayor, Winchester:

"The State law prohibits having an open bottle of intoxicating liquor in a car; and I think that statute is sufficient to authorize your Chief of Police to meet the situation described in your letter of September 14th.

"Many municipalities repeat the provisions of the State law in the ordinance on alcoholic liquor."

To Village Clerk, Tampico:

"Municipalities do not have the power to keep nonresidents from doing business within the city or village, but they do have the power to license and regulate auctions and auctioneers.

"The enclosed ordinance may be of some assistance."

To Corporation Counsel, Pekin:

"Quite a few municipalities have recently financed the construction of off-the-street parking lots by the issuance of bonds under Chapter 24, Article 52.1 as you indicated in your letter of the 11th.

"We do not have a copy of such a bond ordinance and, of course, it must be drafted separately for each municipality.

"I can not recall now the names of municipalities that have issued such parking revenue bonds other than Kankakee, although I know there are others."

To Village Attorney, Dolton:

"The question whether—by zoning or other ordinance— a municipality can require the construction of a parking place for off-the-street parking of cars in connection with residences or other buildings, is an open one in Illinois.

"We have one decision indicating that we do have such power, at least so far as certain businesses are concerned, although the particular ordinance involved was held void because of discrimination.

"In my opinion, we do have the power to require such off-the-street parking."

To Trustee, Bluffs:

"A municipality is liable for damage due to a defect in a sidewalk or street if the municipality had actual or constructive notice of the defect.

"You will find the subject covered in the October, 1952 issue of the ILLINOIS MUNICIPAL REVIEW."

To Village Clerk, Ohio:

"The retail sales tax is payable only in the municipality in which the sale takes place.

"The State Department of Revenue has established rules to cover particular cases like that mentioned in your letter of the 5th."

To Trustee, Roxana:

"The Village Trustee may hold his position as Trustee while he runs for the office of Village President.

"However, if elected Village President, he must then resign as Trustee before taking office as President."