Answers to Questions

By THOMAS A. MATTHEWS, J. D., League Consultant
SUBMIT ALL QUESTIONS FOR INFORMATION IN WRITING

To Attorney, Lake-in-the-Hills:
"I do not believe that the offices of township clerk and village clerk are incompatible; there is nothing I know of to prevent one man from holding both offices.

"In the April 1953 issue of the Illinois Municipal Review you will find an article and suggested ordinance on the elimination of dangerous buildings. I do not know of any authority for a Fire Protection District to pass an ordinance covering dangerous buildings, and I share your view that such authority could not be exercised by the Fire Protection District within a Village."

To Village Clerk, Dixmoori
"The League Manual for Zoning, published in bulletin form a while ago, will be of assistance in the preparation of a zoning ordinance.

"I am enclosing an ordinance on dense smoke."

To Mayor, Greenville:
"A city does not have the power to limit the number of terms a Mayor or Councilman may hold, by ordinance."

To Building Inspector, Danville:
"From your letter of February 10th it appears that a violation of your new subdivision ordinance, or perhaps of the zoning ordinance, is involved. The matter should be discussed with your city attorney, since you would not have the right to refuse to issue a permit unless such issuance would be in violation of some valid ordinance or law."

To City Attorney, Fairfield:
"I do not know of any instance where a member of a Volunteer Department has been considered as having previous employment status as a fireman in a regularly constituted Fire Department under the provisions of Chapter 24, paragraph 14-6. I would doubt that he would be within this qualification of that section."

To Village President, Burnham:
"A concealed weapon may lawfully be carried in Illinois only by policemen, watchmen, guards, or persons in similar activities while on duty."

To City Attorney, Gibson City:
"The situation you describe in your letter of February 14th might be corrected by a zoning ordinance which would control the storage of junk, and provide for the gradual elimination of a non-conforming use.

"Otherwise, I believe your only control would be to attack the situation as a nuisance—not from the standpoint of appearance but from the standpoint of a health or fire hazard."

To City Attorney, Mt. Vernon:
"With regard to your letter of February 3 concerning the validity of Ordinance No. 1429 which divides the city into wards.

"Since Mt. Vernon elects its City Council at large, there is no reason to maintain wards and in effect the ordinance divides the city into voting districts. Since the boundary of the wards runs to the city limits, it seems to me that property annexed to the municipality would be within the ward or voting district to which it is adjacent; in other words, the term 'city limits' as according to the Ordinance setting up the ward boundaries, means the city limits as explained because of an annexation. Persons living in such annexed territory certainly have the right to vote in the city elections and I think your wards which extend to the city limits are automatically extended to include annexed territory which expand those city limits."

To Secretary, North Chillicothe:
"Apparently your first letter to us went astray somewhere in the mail.

"A Sanitary District may be incorporated under the provisions of Chapter 42, paragraph 247 of the Revised Statutes if the land intended to be in the district lies in two separate counties: It may be incorporated under paragraph 299 of Chapter 42 if it lies all in one county.

"You will note that under either of these statutes the district would have the power to levy a tax for corporate expenses and to issue bonds for the construction of needed improvements. The provisions of Chapter 42, paragraph 319.1 and following grant the power to issue revenue bonds for the construction of sewer treatment plants.

"The creation of either type of Sanitary District calls for a petition and a referendum election to be held.

"For specific details and procedure it would be necessary to have an attorney advise you on the matter."

To Attorney, Mount Morris:
"Section 120 of Chapter 43 provides among other things that no law enforcing public official or member of a city council or village board may be interested 'in any way, either directly or indirectly in the manufacture, sale, or distribution of alcoholic liquors.'

"I don't know of any decision on the question whether the owner of a building whose tenant sells alcoholic liquor has such an interest in the sale of liquor as to come under this prohibition. If the rent were based at all on the income from the sale of alcoholic liquor then I think the prohibition would apply. If the rent is for a flat sum per year without reference to the gross business done the question is not so clear.

"I think the issues would be the same if the public official were the owner of the building, or were an officer or stockholder in a corporation which owned the building."

To Attorney, Elburn:
"The village does have the power to regulate the business of hauling or expressing and draying and it may be that as an exercise of this power it could require the payment of a vehicle license fee for trucks operated by persons engaged in such business in the village. It has generally been considered that a corporation has its residence—for wheel tax purposes—where it has its personal place of business. As you note, the statute permitting a wheel tax ordinance—permits such a charge against only residents of the municipality who operate a vehicle on municipal streets."

To Village Clerk, Deer Creek:
"The Illinois Commerce Commission has control over the matter of signal lights or other crossing protection at railroad crossings. A letter to the Secretary of the Commerce Commission stating the problem might induce the Commerce Commission to investigate the situation and to enter an appropriate order."

Page 64 / Illinois Municipal Review / March 1958

To City Attorney, Sterling:
"I do not know of any decision on the question whether snow removal is maintenance under the provisions of Chapter 24, paragraphs 19-76 so as to require calling for bids in a commission form city. It is hard to say how specifications could be drawn up for this type of work—which does not seem to be maintenance as the term is used in Paragraph 76. I would be inclined to agree with you that it would not be necessary to advertise for bids for snow removal."

To Village Clerk, New Windsor:
"The Board of Trustees does not have the power to fill a vacancy in the Office of Police Magistrate by appointment; but any Justice of the Peace may be called upon to hear ordinance violations."

To Alderman, White Hall:
"I do not see how an employee in a firm who receives no compensation or other benefit by reason of that firm's dealing with a municipality could be considered as having an interest in the sale of commodities by that firm to the municipality such as to bar him from acting as a municipal official."

To Village Clerk, Elburn:
"A vacancy on the Board of Trustees may be filled until the next regular election by appointment, by the remaining Trustees and the Village President."

To Village President, Ashland:
"Streets and alleys are vacated by the same procedure— that is by the passage of an ordinance. If for any reason a portion of a street must be closed to traffic temporarily this is done in the same way as for an alley."

To City Clerk, Lanark:
"The traffic ordinance recommended by the League, a copy of which will be available in printed form shortly, contains regulations on parking which would take care of the situation described in your letter of the 6th. The Board can regulate parking so as to prohibit parking cars on the street for sale, to prohibit all-night parking, etc.

"The question of liability for damages due to injuring a tractor tire on a piece of iron would depend upon the facts, and your own village attorney should advise you as to this.

"Gasoline sold to a municipality for municipal purposes is exempt from some taxes and dealers should have available forms for claiming that exemption."

To Village Clerk, St. Charles:
"The question of regulating or prohibiting canvassers or solicitors was covered in an article in the August 1961 issue of the Illinois Municipal Review, and there have been no decisions since then making any substantial change in the law.

"This subject is also covered in the Bulletin on Licenses published by the Illinois Municipal League."

To City Treasurer, Mt. Pulaski:
"The question raised in your letter of February 6th should be discussed with your city attorney. Generally, if the council directs that municipal funds be invested in securities which are lawful for investment of such funds the Treasurer would not be liable in the event such securities must be sold at a time when they do not bring par, or the amount paid for them."

To City Clerk, Keithsburg:
"There is a procedure for collecting back taxes and for having a Receiver appointed for income producing property pending the sale of the property for delinquent taxes.

"The collection of back taxes—other than special assessments—is under the control of the State's Attorney, although it may be desirable for the city to retain an attorney to advise it on the matter."

To City Attorney, DeKalb:
"The city has the power to prohibit the exhibition of obscene movies, and in connection with that power I believe it may provide for what is commonly called censorship for that purpose. American Civil Liberties, vs. Chicago 3, Illinois Second, 329.

"We do not have available a model ordinance on the subject."

Page 65 / Illinois Municipal Review / March 1958