SB 483 ■W65 P5 1916 Copy 1 UNICIPAL CODE OF WILMETTE PARK DISTRICT 1916. LIBRARY G T CGNQPttft I . MUNICIPAL CODE OF Wilmette Park District Revised and codified by George W . Hess Attorney for the District Published by authority of the Board of Commissioners of Wilmette Park District Also The Park District Act of 1895 and other laws relating to Park Districts 19 16 WILMETTE PARK DISTRICT BOARD OF COMMISSIONERS Louis K. Gillson Term expires 1917 706 Forest Avenue. Phone 25. Floyd L. Bateman Term expires 1918 735 Michigan Avenue. Phone 1259. William D. Matthews Term expires 1919 1521 Lake Avenue. Phone 828-J. Major E. J. Vattmann Term expires 1920 1733 Lake Avenue. Phone 1183. Horace G. Drury Term expires 1921 622 Central Avenue. Phone 41. OFFICERS Louis K. Gillson President H. W. Hopp Secretary 225 Linden Avenue. Phone 1404. F. J. Scheidenhelm Treasurer 804 Forest Avenue. Phone 14. George W. Hess Attorney 832 Forest Avenue. Phone 57. B. E. Gage Supervising Engineer W. P. Matthews Supt. of Police cx-officio COMMITTEES Finance H. G. Drury F. L. Bateman Park F. L. Bateman W. D. Matthews Judiciary Major E. J. Vattmann W. D. Matthews Police W. D. Matthews F. L. Bateman oc The Wilmette Park District includes all of < the Village of Wilmette, together with the tract of land lying North of the Village Limits and East of Tenth St. and the tract bounded on the South and East by the Village Limits, on the West by the C. & N. W. R. R. and on the North by Kenilworth. The District is a Municipal Corporation and was organized in accordance with the provi- sions of an Act of the Legislature of Illinois entitled "An Act to Provide for the Organiza- tion of Park Districts and the Transfer of Sub- merged Lands to those Bordering on Navig- able Bodies of Water," approved June 24, 1895, in force July 1, 1895, and amendments thereto. The Election at which the organization was adopted and the First Board of Commissioners elected was held January 14, 1908, and the dec- laration of the result thereof was made by an order of the County Court of Cook County, entered January 17, 1908. The first meeting of the Board of Commissioners was held Feb- ruary 17, 1908. The Wilmette Park District has under its control three Public Parks, as follows: 1. The Park lying East of Michigan Ave. and extending from the North line of Lake Ave. to a point about 75 feet North of Forest Ave. 2. The Park at the entrance to the Harbor of the Sanitary District of Chicago extending East from Sheridan Road and Michigan Ave. and Northward to a line 82 feet North of Washington Ave. Containing about 25 acres. 3. The Park at Lake Ave., 15th St. and Park Ave. The Park District also has control of the triangular piece of land bounded by Lake Ave., 11th St. and Wilmette Ave., and the triangular tract at the junction of Michigan Ave. and Sheridan Road just North of the bridge, and also land on both sides of the channel as far South as Linden Ave. AN ORDINANCE CONCERNING THE PRINTING AND PUBLISHING OF THE MUNICIPAL CODE OF THE WIL- METTE PARK DISTRICT. BE* IT ORDAINED by the Board of Com- missioners of WILMETTE PARK DIS- TRICT: §1. That the Ordinances governing the WILMETTE PARK DISTRICT, as revised and codified by George W. Hess, be and the same are hereby adopted and ordered printed and published by authority of the Board of Commissioners of WILMETTE PARK DIS- TRICT in book form, to be entitled and known as "The Municipal Code of the Wil- mette Park District." §2. This Ordinance shall be in force from and after its passage. COUNTY OF COOK ) STATE OF ILLINOIS j ss - I, Harry W. Hopp, Secretary of WIL- METTE PARK DISTRICT, do hereby cer- tify that the foregoing is a true and correct 'copy of an Ordinance concerning the print- ing and publishing of the Municipal Code of the Wilmette Park District, adopted and passed by the Board of Commissioners of the WILMETTE PARK DISTRICT, on the ninth day of October, 1916; also that said Ordi- nance so adopted was filed by me in the office of the Secretary of the WILMETTE PARK DISTRICT on the ninth day of October, 1916, all of which appears by the files, papers and records of the District. I further certify that I am the keeper of the records, papers and ordinances of said WIL- METTE PARK DISTRICT. IN WITNESS WHEREOF, I hereunto set my hand and affix the Corporate Seal of said WILMETTE PARK DISTRICT, this ninth day of October, 1916. Harry W. Hopp, Secretary Wilmette Park District. (Seal of Wilmette Park District) Published and issued in book form on the Twenty-fifth day of October, 1916. MUNICIPAL CODE WILMETTE PARK DISTRICT An Ordinance revising, consolidating, and codifying the General Ordinances of the Wil- mette Park District. Be it ordained by the Board of Commission- ers of Wilmette Park District, as follows: CHAPTER I. Executive Department §1. Fiscal Year. The fiscal year of the Wil- mette Park District shall commence on the first day of April and end on the 31st day of March next thereafter. §2. Meetings of Board. The regular meet- ings of the Board shall be held on the second Monday of each month. The first regular meeting in April shall be considered the annual meeting. §3. Special Meetings. Special meetings may be called by the President whenever he shall deem it necessary, and in case of his absence from the District, by any two commissioners. All business of whatever nature or description may be taken up and disposed of at special meetings. Written or printed notices shall be given by the Secretary by mail to each com- missioner, of the time and place of each special meeting, but such notice need not contain the subject matter of the meeting. §4. Quorum. A majority of the commis- sioners shall constitute a quorum for the trans- action of business. §5. Secretary and Treasurer Appointed An- nually. The Secretary and Treasurer shall be appointed at the regular annual meeting and shall hold office, unless sooner removed, for the term of one year, and until their successors are appointed and qualified. §6. Duties of Secretary. The Secretary shall keep the corporate seal and affix the same to all papers which require it. He shall keep all records and documents belonging to the District, give notice of and attend all meetings of the Board and keep a full record of the pro- ceedings in the journal. He shall also perform such other duties as may be required of him by law, or by the ordinances or resolutions of the Board. §7. Ordinances to be Recorded. All ordi- nances passed by the Board shall be recorded by the Secretary in a book to be kept for that purpose, and if any ordinances require publication, he shall cause the same to be duly published. §8. Yeas and Nays. The "yeas" and "nays" shall be taken upon the passage of all ordi- nances and upon all propositions to create any liability or for the expenditure or appropriation of money, and in all cases at the request of any commissioner, which shall be entered upon the journal of the proceedings. §9. Duties of Treasurer. The Treasurer shall receive all the moneys belonging to the District and shall pay the same out only upon warrants signed by the President and counter- signed by the Secretary in form to be ap- proved by the Board. He shall submit to the annual meeting a detailed report showing the receipts and disbursements of money during the preceding year. Before entering upon his duties he shall give a bond in such amount, and upon such conditions, as the commissioners may deem necessary. §10. Attorney. There shall be appointed at the annual meeting an Attorney, who shall have charge of all litigation to which the com- missioners, or the District, shall be a party, and shall draft all instruments required by the Board, and give opinions on all questions referred to him by the Commissioners. §11. Supervising Engineer. There shall be appointed at the annual meeting a Supervising Engineer, who shall be the executive officer in charge of all the properties, real and personal, belonging to the District and used in con- nection with the parks, or any of them, and the waters over which the District has juris- diction, and he shall make such rules and regu- lations, not inconsistent with the laws of the State or the ordinances of the District, as he may deem necessary, for the use of the parks by the public and the management thereof by the employes of the District, which rules and regulations shall be reported to the Board, and shall be and continue in force from the time of the making thereof by him until altered or repealed by himself or the Board. He shall appoint such assistants and employees as the Board may authorize, and prescribe their du- ties, and he shall have power to remove or suspend such assistants and employees as he shall appoint. §12. Committees. A Finance Committee, a Judiciary Committee, a Committee on Parks and a Committee on Police shall be appointed by the President, with the approval of the Board, at each annual meeting, whose duties shall be such as usually pertain to such com- mittees and as shall from time to time be imposed upon them by the Board. The Com- missioner first named shall be the Chairman of the Committee. The President, ex-officio, shall be a member of all Committees. §13. Officer May be Removed. Any officer appointed may be suspended or removed by the Commissioners, and all vacancies shall be filled by them. 10 §14. Salaries of Officers. The salaries of all officers shall be fixed at the regular annual meeting in April, and shall be payable semi- annually. §15. Bonds of Officers. Before entering up- on their respective duties, all officers appointed by the Board, including all policemen, may be required to give bonds in such amounts as the Board may determine, conditioned upon the faithful performance of the duties of their re- spective offices. §16. Corporate Seal. The Seal heretofore provided and used by the District, the impres- sion of which is 1% inches in diameter with "Wilmette Park District, Organized 1908" be- tween concentric rings upon the margin and the words "Corporate Seal" within the inner circle, shall be and hereby is established and declared to have been and now to be the Seal of the Wilmette Park District. CHAPTER II. Police Department §17. Police Force. The police force of the District shall be under the immediate control of the Committee on Police, and the Chair- man of said Committee shall be ex-officio Su- perintendent of Police of the District. The said police force shall consist of the Commis- sioners, the Supervising Engineer, the Secre- tary, Treasurer, Attorney and such number of policemen, with such rank and title, as shall from time to time be appointed by the Board. All policemen shall be subject to the direction of the Superintendent of Police and each of the Commissioners. The Superintendent of Police or any Commissioner may suspend any II policeman, reporting such action at the next meeting of the Board for its approval. §18. Special Policemen. In case of an emer- gency the President of the Board or Superin- tendent of Police may appoint such special policemen as he may consider necessary, who, during the time of their service, shall have the same power and authority as members of the regular force. All such appointments shall be reported to the next meeting of the Board and shall not continue beyond such meeting unless authorized by the Board. §19. Duties of Police. The members of the police force shall be conservators of the peace within and upon the parks, boulevards, drive- ways, and properties controlled by the Wil- mette Park District, and shall have power, and it shall be their duty to make arrests on view of the offense, or upon warrants, for violation of any of the penal ordinances of the District, or for any breach of the peace, and shall take all persons so arrested before some court of competent jurisdiction in the Wilmette Park District. In case no court is in session, the person so arrested may be detained in any police station of the Village of Wilmette, until such person so arrested can be brought before such court. §20. Release of Offenders on Bond. Any member of the police force of said Wilmette Park District, having arrested any person for an alleged violation of any Ordinance of said District, may in his discretion, permit such per- son to give recognizance with or without surety, to be approved by such police officer in the sum of Two Hundred Dollars, for the appearance of such arrested person before 12 a justice of the peace or police magistrate, to be named in said recognizance, at a time to be prescribed therein, which recognizance when executed shall be forthwith filed with the proper justice of the peace or police magistrate, and the case properly docketed before said official. §21. Pledges for Appearance. In place of special bail, money or personal property of sufficient value to satisfy the probable judg- ment or fine and costs, may, in the discretion of the court, or officer making the arrest, be taken; in which case, if taken by .the court an endorsement, pledging the property taken for the appearance of the defendant at a certain time and place before a certain police magis- trate or justice of the peace, shall be put upon the back of the warrant or complaint and signed by the person under arrest; if taken by the officer making the arrest, the defendant shall sign a pledge in a form to be provided by the Commissioners and upon receiving such property and pledge, the officer making the arrest may permit the person arrested to go free. §22. Collection of Judgment. Upon the trial of any cause in which special bail shall have been given, if the defendant shall be found guilty, judgment shall be rendered against both principal and surety (in the special bail) for the amount of the fine assessed by the court or jury, and all costs that may have accrued. In case personal property or money were pledged in lieu of special bail, and judgment is rendered against the defendant, execution shall issue, and said money be applied in satisfaction thereof, or said property be sold under it. Ex- 13 emption rights shall be waived by making such pledge of said property. §23. Place of Detention. In case of an arrest the person arrested may be detained in any police station in the Village of Wilmette within the Wilmette Park District, or any safe place, until such person so arrested can be brought before a magistrate or justice of the peace for trial without unnecessary delay. §24. Commitment. In all cases where judg- ment shall be rendered by the police magis- trate, or any justice of the peace, or com- petent court as aforesaid, in favor of said District against any person or persons con- victed of a violation of any of the ordinances of said District, such person or persons so convicted shall be committed to the county jail of Cook County, Illinois, to the House of Cor- rection of the City of Chicago, or any police station of the Village of Wilmette or other place provided for the incarceration of offend- ers in such cases, and be imprisoned therein for failing, neglecting, or refusing to pay any fines, forfeitures, penalties or costs which may be adjudged against such person or persons, and shall be required to work at such labor as his or her strength will permit within and without said place of imprisonment, not to ex- ceed ten hours each day; and for* such work the person so employed, or worked, shall be allowed, exclusive of his or her board, the sum of fifty cents for each day's work on account of such fine, forfeiture, or penalty and costs, until such fine, forfeiture, or penalty and costs be fully satisfied; provided, no such imprison- ment shall continue longer than six months for any one offense. And in such case, whether by 14 satisfaction as aforesaid, or by the expiration of six months from the commencement of such imprisonment, the keeper of said place of im- prisonment shall endorse on the writ of com- mitment, "Satisfied in full by imprisonment" and discharge such person or persons from his custody. §25. Collection of Fines. All fines, forfeit- ures, penalties and costs imposed against any person or persons by any of the ordinances of said District for the breach thereof, may be recovered before the police magistrate or any justice of the peace of said Cook County, by action of debt in the name of "The Wllmette Park District," and judgments may be ren- dered thereon and collected by execution or other process, as other judgments of justices of the peace are rendered and collected; and such fines, forfeitures and penalties, when col- lected, shall be paid over to the treasurer, for the use of said Park District, within five days from the time of the receipt thereof by such police magistrate or justice of the peace and every such police magistrate or justice of the peace shall make a report in writing to the board at the last regular meeting in each fiscal year, showing a record of all fines, forfeitures and penalties by him collected, and no such police magistrate or justice of the peace shall remit any fine, forfeiture or penalty imposed upon any person or persons wherein the said Dis- trict is a party plaintiff, or in any wise inter- ested, without the written consent of the board. 15 CHAPTER III. Penal Regulations. §26. Sleeping or Making Fires. No person shall sleep in any park or on any boulevard. No person shall swing, occupy or use any hammock, or light or make use of any fire, in any park or on any boulevard, except such por- tions thereof as may be designated by the Com- missioners for such purposes and then under such regulations as may be prescribed. §27. Distributing or Posting Bills. No per- son shall display, distribute, cast, throw or place any placard, hand bill, pamphlet, circular, advertisement or notice in any park or upon any boulevard and no person shall post or affix any placard, hand bill, pamphlet, circular, ad- vertisement or notice on any tree, lamp-post, hydrant, curbstone, coping, flagstone, fence, wall, bridge, bench, building or other con- struction or property in any park or upon any boulevard. §28. Defacing Trees or Other Property. No person shall cut, break, climb on, or in any way injure or deface any tree, shrub, plant, turf, grass, lamp-post, hydrant, curbstone, coping, flagstone, fence, wall, bridge, bench, building or other construction or property in any park or upon any boulevard. §29. Killing Birds or Robbing Nests. No person shall kill or wound or attempt to kill or wound any bird or animal or molest or rob any nest of any bird or animal in any park or upon any boulevard. §30. Begging. No person shall beg or so- licit alms in any park or upon any boulevard and no person who is diseased, maimed, mu- 16 tilated, or deformed, so as to be an unsightly or disgusting object or an improper person to be allowed in public places, shall expose him- self to public view in any park or upon any boulevard. §31. Breach of the Peace. No person shall make, aid, or countenance or assist in making any improper noise, riot, disturbance, breach of the peace, or diversion tending to a breach of the peace, within any park or upon any boule- vard or be guilty of any disorderly conduct therein or thereon, or collect, with other per- sons, in bodies or crowds for unlawful pur- poses, or for any purpose to the annoyance or disturbance of citizens or travelers. §32. Intoxicated Persons. No intoxicated person shall be allowed in any park or upon any boulevard. §33. Obscene Language — Games of Chance. No person shall use abusive, insulting or ob- scene language, or language calculated to oc- casion a breach of the peace, or tell fortunes, play at games of chance or do any indecent act, or manage, use or practice with intent to cheat or defraud another, any game or device whatever, in any park or upon any boulevard. §34. Indecent Books or Pictures. No per- son shall exhibit, sell or offer to sell, give away or offer to give away, or have in his possession, with or without intent to sell or give away in any park or upon any boulevard, any obscene or indecent book, pamphlet, paper, drawing, lithograph, engraving, picture, daguerreotype, photograph, stereoscopic picture, model, cast, instrument or any article of indecent or im- moral use. §35. Indecent Acts. No person shall com- 17 mit any indecent, lewd or filthy act, or utter any indecent, lewd or filthy words, or use any threatening or obscene language or make any threatening or obscene gestures in any park or upon any boulevard. §36. Appearing in State of Nudity. No per- son shall appear in a state of nudity or in a dress not belonging to his or her sex or make any indecent exposure of his or her person in any park or upon any boulevard, and no person shall undress in any park, for the purpose of bathing in Lake Michigan, except in such build- ings as may be provided for that purpose, and no person shall appear in bathing suits except upon the beach and then only on such portion thereof as may be set apart for that purpose. §37. Intoxicating Liquors. No person shall take or carry into, or upon any park any beer, ale, wine, brandy, gin, whiskey or any intoxi- cating liquor of any description, or shall, within any such park drink or have in his possession any of the drinks or liquors aforesaid. §38. Dogs. The running at large of dogs is hereby prohibited within the parks, or on or along any boulevard, and no owner of any dog shall permit the same to run at large contrary to the provisions of this section. It shall be the duty of all park policemen to take up and impound any dog found so running at large, in the place or places provided for such pur- poses by the ordinances of the Village of Wil- mette; said dog to be dealt with in accordance with the ordinances of said village relating to the impounding of dogs. The word "dog" whenever used in this section, shall mean and intend a female as well as a male dog. A dog shall be considered to be running at large 18 within the provisions of this section unless held in control by a suitable leash. §39. Picnics. No picnics shall be held in any park without a permit from the Board of Com- missioners, or the Chairman of the Park Com- mittee, nor shall any body of persons congre- gate in such park for the purpose of eating lunch, or serving meals therein, without a like permit. §40. Hawking or Peddling. No person shall sell, or offer or expose for sale, any article or thing in any park or any boulevard or do any hawking, peddling or soliciting therein or thereon, without a permit from the Board of Commissioners. §41. Roller Skating. Roller skating on any of the walks or upon any concrete work in any park is hereby prohibited. §42. Carrying Away Sand or Gravel. No person shall take or carry away sand, gravel or soil from the beach in front of any of the parks of the Wilmette Park District, or from the shore or bed of Lake Michigan, or from any place under the jurisdiction of the Com- missioners of the Wilmette Park District, with- out the permission of the Board. And no per- son shall dig holes in the sand unless the same are completely filled and re-covered, before leaving the beach. §43. Smoke from Automobiles. No person shall cause or permit any automobile to emit smoke, vapor or offensive odors in any park or upon any boulevard. §44. Vehicles. The term vehicles as used in this ordinance shall include each and every form of sleigh, sled, velocipede, baby carriage, hand cart, carriage, buggy, bicycle, motor 19 cycle, automobile and each and every machine on wheels used for the conveyance of persons and things, whether such vehicle be operated or propelled by muscular or other power. All vehicles while in motion shall keep to the right. ^ No person shall permit any vehicle to stand in any park or upon any boulevard to the obstruction of the way or inconvenience of travel. No person shall bring or use any vehicle on any boulevard or in any park, ex- cept such portions thereof as may be desig- nated by the Commissioners for such purpose. No vehicle designated or intended for carrying goods, wares, merchandise or other articles shall be allowed upon any boulevard or in any park. And no vehicle shall be allowed in any park except upon the driveways, or such places as may be designated by the Commissioners or the officer in charge, for parking purposes. §45. Speed of Vehicles. No automobile, autocar, or other similar vehicle, shall be pro- pelled or driven upon or along any drive in any park or upon any boulevard at a speed exceeding twelve miles per hour, and such ve- hicle when in motion shall be kept to the right and shall observe the rule of the road as laid down for all other vehicles. §46. Firearms. No person shall fire or dis- charge any cannon, gun or fowling piece, pistol, sling shot, bow gun, air gun, air pistol or fire- arms of any description, or fire, explode, or set off any squib, cracker or other thing contain- ing powder or other combustible or explosive material within any park or upon any boule- vard; provided, that the president of the Board may, by proclamation, permit the use of fire- works or the discharge of firearms on the 20 fourth day of July, and on such other day or days as he, in his discretion, may deem proper. §47. Resisting Officer. No person shall re- sist any member of the police force in the dis- charge of his duty, or fail or refuse to obey any lawful command of any police officer, or in any way interfere with or hinder or prevent him from discharging his duty, or offer or en- deavor so to do, or in any manner assist any person in custody of any policeman to escape, or attempt to escape from such custody, or rescue any person in custody. §48. Games and Sports. No person shall engage in any sport, game, amusement or ex- ercise in any park or upon any boulevard ex- cept such portions thereof as may be designat- ed for that purpose by the Commissioners, and then under such rules and regulations as may be prescribed by the Commissioners. §49. Concealed Weapons. No person shall carry or wear under his clothes or concealed about his person, any pistol, revolver, der- ringer, bowie knife, dirk knife or dirk razor, dagger, slug-shot, metallic knuckles, or other dangerous or deadly weapon, in any park, or upon any boulevard. §50. Interfering with Employes. No person shall interfere with, or in any manner hinder any employe of the Wilmette Park District while engaged in constructing, repairing or car- ing for any portion of the parks or boulevards. §51. Disregarding Signs or Notices. No person shall go upon any portion of any park or boulevard where, by any sign or notice, persons are prohibited from going. No person shall fish or bathe in the waters of Lake Mich- igan under the control of said District, except 21 such portions thereof as may be designated by the Commissioners for such purposes and un- der such regulations as may be prescribed. §52. Rubbish. No person shall deposit, dump, throw, cast, lay or place any coal, ashes, dust, manure, rubbish, paper, garbage, refuse matter or obstructions of any kind in or upon any part of the waters or grounds of any park or boulevard. No person shall set or place or cause to be set or placed, any goods, wares or merchandise or property of any kind in any park or on any boulevard, to the obstruction of travel on such boulevard or use of such park. §53. Rules to Be Obeyed. No person shall violate or disobey any rule or regulation gov- erning the respective parks and boulevards adopted by the Board of Commissioners or laid down by the officers in charge of the respective parks or boulevards, and posted in some conspicuous place within such parks or upon such boulevards and purporting to be made by said Park Authorities, and no person shall violate or disobey any rule or regulation although the same may not have been posted as aforesaid, after having been notified of the existence and nature of such rule by any police- man or officer of the District, and no person shall violate or disobey the directions con- tained in any notice relating to the use or government of park property and publicly af- fixed to or displayed upon any park or boule- vard. §54. Penalty. Whoever shall violate any of the provisions of this chapter, where a specific fine has not been provided for, shall, upon conviction thereof, be fined not less than one dollar, nor more than two hundred dollars, for each and every oflfense. 22 CHAPTER IV. Construction of Ordinances. §55. Words and Phrases. The words and phrases following whenever used in any Or- dinance shall be construed to be synonymous with any of the other words under the same head whenever it shall be necessary to the proper construction of said Ordinances. First: — Board: Park Board: Board of Com- missioners: Board of Commissioners of Wil- mette Park District. Second: — District: Park District: Wilmette Park District. Third: — Park: Any Park under the jurisdic- tion of the Wilmette Park District. Fourth: — Boulevard: Any Boulevard under the jurisdiction of the Wilmette Park District. §56. "Singular" and "Plural" Construed. Whenever any words in any ordinance import- ing the plural number shall be used in de- scribing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although dis- tributive words may not be used. And, when any subject matter, party or person, shall be referred to in any ordinance by words import- ing 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 ordinance which shall contain any ex- press provision excluding such construction, or where the subject matter or context of such ordinance may be repugnant thereto. §57. Maximum Fines. Wherever herein^ or 23 in any ordinance heretofore passed or here- after to be passed a minimum, but no maxi- mum fine or penalty is imposed, the Court may, in its discretion, adjudge the offender or of- fenders to pay any sum of money not less than the minimum fine or penalty so fixed, and not exceeding the sum of Two Hundred Dollars. §58. But One Punishment for Same Offense. In all cases where the same offense may be punishable, or shall be created by different clauses or sections of the ordinances of the Wilmette Park District, the officer or person prosecuting, may elect under which to proceed, but not more than one recovery or punishment shall be had against the same person for the same offense. §59. Penalty Construed. When in this or any other ordinance the doing of any act or the omission to do any act or duty is declared to be a breach thereof, or unlawful, or pro- hibited and there shall be no fine or penalty declared for such breach, any person who shall be convicted of any such breach shall be ad- judged to pay a fine of not less than One Dol- lar nor more than Two Hundred Dollars. §60. Repeal. All public or general ordi- nances, or parts thereof, not included in this ordinance, so far as they contravene or con- flict with the provisions of this ordinance, and particularly an Ordinance relating to police reg- ulations and misdemeanors passed on the 26th day of July. 1011, and an Ordinance relating to hawking and peddling and holding picnics, passed on the 7th day of August, 1011, and an Ordinance relating to .rules for the Construc- tion of Ordinances passed on the 7th day of August, 1911, and an Ordinance prohibiting the 24 possession or use of intoxicating liquors passed on the 10th clay of July, 1913, are hereby re- pealed and all ordinances, orders and resolu- tions heretofore adopted by the Board of Com- missioners, not repugnant to or inconsistent with the provisions of this ordinance, shall con- tinue in force and effect the same as if this ordinance had not been adopted, except as hereinbefore provided. §61. Known as Municipal Code. This Or- dinance shall be known as the Municipal Code 6i the Wilmette Park District and shall take effect and be in force from and after its pass- age and publication as required by law. Passed by the Board of Commissioners of Wilmette Park District on the Ninth day of Oc- tober. 1916, and deposited and filed in the office of the Secretary this Ninth day of October, 1916. HARRY W. HOPP, Secretary of Wilmette Park District. Printed and published in book form the Twenty-fifth day of October, 1916. 25 PARK DISTRICT ACT AN ACT TO PROVIDE FOR THE OR- GANIZATION OF PARK DISTRICTS AND THE TRANSFER OF SUBMERGED LANDS TO THOSE BORDERING ON NAVIGABLE BODIES OF WATER. (AP- PROVED JUNE 24, 1895. IN FORCE JULY 1, 1895.) §1. What May Be Organized into a Park District. Be It Enacted by the People of the State of Illinois, Represented in the Gen- eral Assembly, That any territory situated in the same county or in two adjoining counties under township organization and so lying as to form one connected area, no portion of which shall be already included in a park dis- trict or in a township whose corporate author- ities are authorized by law to levy special taxes or special assessments to maintain a public park, may be organized into a park district for the establishment, construction and main- tenance of public parks and boulevards in the manner following: §2. How Park Districts May Be Formed. Any one hundred legal voters resident within the^ limits of such proposed park district may petition the county judge of the county in which such territory lies, or if it lies partly in two counties then the petition shall be ad- dressed to the county judges of each of said counties, to cause the question to be submitted to the legal voters of such proposed park dis- trict, whether they will organize as a park dis- trict under this act; such petition shall clearly define the territory intended to be embraced in such district, and the name of such proposed 28 district, upon the filing of such petition in the office of the county clerk of the county or counties in which such territory is situated; it shall be the duty of the county judge or county judges if the proposed park district he partly in two counties, to order an election to be held in such part of such proposed district as lies within his county, and in such order the said county judge or judges, as the case may be, shall fix the time and place or places within the boundaries of such proposed district, at which an election may be held to determine such question and to elect five commissioners to serve as hereinafter provided; and the said judge or judges shall name the persons to act as judges at such election; and shall give twen- ty days' notice thereof by causing notices to be posted in five public places within such proposed district and by causing said notice to be published in one or more papers, if there be any published in said district. §3. Election. The ballots to be used at such election shall be in the following form: "For Park District" "Against Park District"..^ "For Park Commissioners" Names The judges at such election shall make re- turn thereof to the county judge of the county in which such election is held, the said judge shall canvass such returns and cause a state- 29 ment of the result of such election to be entered on the records of the county court. When the territory proposed to be organized into a park district is situated in more than one township, then, at least one polling-place shall be located in each township or portion thereof included in such territory, and no dis- trict shall be organized unless a majority of the votes cast in each township or portion thereof included in such territory are in favor thereof. §4. When Proposed District in Two Coun- ties. When the proposed district lies within two counties the county judges of each of said counties shall cause to be transmitted to the clerk of the county court of the other county in which a part of said proposed district shall lie, a copy of such record, which copy, when so received shall be spread upon the records of the county court receiving the same as the return of the vote cast in said county. §5. When Deemed a Park District — Com- missioners — Powers. If the majority of the votes cast in each township in the part of said district in each county where the same lies partly within two different counties, or if the majority of the votes cast in each township in said proposed district where the same lies wholly in one county, shall be in favor of the proposed park district, such proposed park dis- trict shall thenceforth be deemed an or- ganized park district under this act; and in that event the five persons who shall have re- ceived the highest number of votes for com- missioners cast at said election shall be de- clared the commissioners of said district; and the said district so organized shall have the 30 name designated and set forth in said petition, and by such name and style the same may sue and be sued, contract and be contracted with, acquire and hold real estate and personal prop- erty necessary for corporate purposes and adopt a common seal and alter the same at pleasure, and such district shall constitute in law and equity a body corporate and politic and exercise the powers herein specified. All courts of this State shall take judicial notice of the organization of said park district and of the election of said commissioners. §6. Qualification of Commissioners — Not to Be Interested in Contract — Creation of Debt. Each of the commissioners elected in any park district created under this act shall be a legal voter of and reside within, such district, and where the same includes territory lying within two counties no more than three of them shall be residents of the same county, and they shall receive no compensation as such com- missioners. It shall be a misdemeanor for any commissioner to be directly or indirectly in any w r ay pecuniarily interested in any contract or work of any kind whatever connected with said park district. Neither of said commis- sioners nor any person, whether in the employ of said board or otherwise, shall have power to create any debt, obligation, claim or liabil- ity, for or on account of said park district, or the moneys or property of the same, except with the express authority of said board of commissioners, conferred at a meeting thereof and duly recorded in a record of its proceed- ings. §7. Commissioners — Bond — Oath. Each of said commissioners before entering upon the 31 duties of his office shall take and subscribe an oath to well and faithfully discharge his duties as such commissioner and shall give a bond in the penal sum of five thousand dollars to such park district to be approved by the county judge of the county in which such commission- er resides, for the faithful discharge of his duty, which oath and bond shall be filed in the office of the clerk of the county in which such com- missioner resides. §8. Terms of Commissioners. As soon after such board shall be constituted as aforesaid, the members thereof shall decide by lot at a meeting where all of said members are present as to the respective term for which each shall hold office; the one drawing the longest term shall serve for five years, the one drawing the next longest term shall serve for four years, the one drawing the next longest term shall serve for three years, the one drawing the next longest term shall serve for two years and the one drawing the shortest term shall serve for one year, respectively, from the next annual township election after the organization of the district in which they are elected, or until their successors shall be duly elected and qualified, as hereinafter provided. §9. Commissioners When to Be Elected — Election of — Vacancies in Board. At the sec- ond regular township election in April after the board of commissioners has been consti- tuted as aforesaid and annually thereafter, one commissioner shall be elected for the term of five years, or until his successor is elected and qualified, notice of the time and place or places of holding such election shall be given by the commissioners of such park district, by post- 32 ing written or printed notices in five of the most public places in the district, at least ten days prior to the election, and by publishing the same in one or more newspapers, if there be any published in said district; the election shall be conducted in the same manner and the vote canvassed and the result declared as for township officers. At least one polling place shall be located in each portion of a township included in any park district and separate ballot boxes shall be used to receive the ballots cast for park com- missioners, and separate returns of the votes cast with the ballots thereof shall be made to the president of the board of commissioners as nearly as may be in the manner now pro- vided for making such returns to the town clerk, and said board shall within five days after such election canvass said returns and declare the result of said election and enter a record of such canvass and declaration upon its records: Provided, however, that this act shall not be construed as in any manner amending, modifying or repealing any of the provisions of an act entitled "An act regulat- ing the holding of elections and declaring the result thereof in cities, villages and incorpor- ated towns in this State," approved June 19, 1885. Nor shall the provisions of this act apply to or affect any city, village or incorporated town that has by vote of the electors thereof adopted the provisions of the act hereinabove mentioned in so far as the provisions of said act are in conflict herewith. But where any district organized under this act or portion thereof shall be located in such city, village or incorporated town the election shall be con- 33 ducted and the returns thereof made and de- clared in the same manner as is now provided where a township or portion thereof is located therein, except that any returns to be made to the town clerk or the corporate authorities of the township shall be made instead to the president and the board of commissioners of the district. Vacancies in the board by reason of removal from the district or otherwise may be filled by appointment by the remaining members of the board; such appointment to continue until a successor for the unexpired term has been elected and qualified; at the first annual town- ship election after such vacancy occurs, a suc- cessor for the unexpired term shall be elected. §10. Officers of Board. The board of com- missioners shall elect from their number a president, who shall hold his office for one year, or until his successor shall be elected. They shall also appoint a secretary and a treasurer, neither of whom shall be members of the board, prescribe their duties, fix their compensation and term of office and require such bonds as the commissioners deem nec- essary. |11. Powers of Commissioners — Violation of Ordinances — Police. Tin- commissioners elected in any park district organized under this act shall constitute the corporate author- ities of such district and a majority thereof shall constitute a quorum at any meeting there- of. They shall have power to pa>s all neces- sary ordinances, rules and regulations for the proper management and conduct of the busi- ness of said board and of said corporation 34 and for carrying into effect the objects for which said park district is formed. They shall have full power to manage and control all the officers and property of said district, and all parks, boulevards and driveways maintained by such park district, or committed to its care and custody. They may by ordinance regulate and restrain the use by the public or by in- dividuals of any or all such parks, boulevards and driveways, and may exclude therefrom funeral processions, hearses, traffic teams and teaming and all objectionable travel and traf- fic, and may prescribe such fines and penalties for the violation of ordinances as they shall deem proper, not exceeding two hundred dol- lars for any one ofTensc, which tines and pen- alties may be recovered by suit in the name of such park district before any justice of the peace in the county in which such violation occurred. The procedure in such suits shall be the same as that provided by law for like suits for the violation of ordinances in cities organized under the general laws of this State, and offender^ may be imprisoned for non-pay- ment of tines and costs in the same manner as in such cities. All fines when collected shall be paid into the treasury of such park district. In addition to the officers above men- tioned, said board of commissioners may em- ploy such engineers, clerks and other employ- ees, including a police force, as may be re- quired, and may define and prescribe their respective duties and compensation. The park commissioners and all police officers appointed by them shall be conservators of the peace within and upon such parks, boulevards, drive- ways and property controlled by such park 35 district, and shall have power to make arrests on view of the offense, or upon warrants for violation of any of the penal ordinances of such park district, or for any breach of the peace, in the same manner as the police in such cities. (As amended by Act approved April 22, 1899. In force July 1, 1899.) §12. Board to Keep Records— To Be Open to Inspection. Said board shall keep a regular book of records of all ordinances or other proceedings of said board, which book of rec- ord shall be open to the inspection of any person residing in said district at all reason- able and proper times. §13. Ordinances, Etc., to Be Evidence. All ordinances, orders and resolutions of said board may be proved by the certificate of its secretary under the seal of the corporation; and when printed in book or pamphlet form and purporting to be published by the com- missioners, such book or pamphlet shall be re- ceived as evidence of the passage of such or- dinances, orders and resolutions as of the dates mentioned in such publication in all courts or places without further proof. §14. Powers of Park Districts. Any park district organized under this act shall have power to acquire, lay out, establish, construct and maintain parks and boulevards in said dis- trict, and provide boating basins in said parks, and have full power to control, manage and govern the said parks and boulevards and the use thereof. It shall also have power to sprinkle streets lying within its territory, and to take charge of and maintain the parkways upon such streets: Provided, however, that the power to sprinkle streets and take charge 36 of and maintain the parkways in such streets shall not be exercised by such park district until the question as to whether or not it shall exercise such power shall have been submitted to a vote of the people in such district, and such question shall be so submitted upon peti- tion of fifty (50) owners of property residing in such district. Such petition shall be filed in the county court and when so filed it shall be the duty of the county judge to order an election to be held in such district. In such order the said judge shall fix the time and place or places within such district when such election shall be held, and shall name the per- sons to act as judges at such election. Twenty (20) days' notice shall be given of such elec- tion by the posting of notices in five public places within such district, or by publication in one or more papers, if there be any pub- lished in said district. If a majority of the votes cast at such election shall be in favor of the exercise of the power to sprinkle streets and take charge of and maintain the parkways as aforesaid, then the said board shall exer- cise such power, otherwise it shall not exer- cise it. (As amended by act approved May 13, 1905. In force Tuly 1, 1905.) §15. How and What Land Park District May Acquire. Said park district shall have power to acquire by gift, grant or purchase, or by condemnation under the act of eminent do- main, any and all real estate, lands, riparian estates or rights, and all other property re- quired or needed for any such park or boule- vard, or for extending, adorning or maintaining the same, and located within its territory. When condemnation proceedings are had they 37 shall conform as nearly as practicable to such proceedings by cities and villages as set out in Article 9 of Chapter 24 of the Revised Statutes of Illinois and any amendments thereto. (As amended by Act approved April 22, 1899. In force July 1, 1899.) §16. When Park District Borders Upon Navigable Water, Etc. — Power of Board as to Submerged Land, Etc. When any park dis- trict created under this act borders upon any navigable body of water, the title to the bed or submerged land of which is vested in the State of Illinois, said district may take pos- session of, inclose, fill in, reclaim and protect any portion of such submerged land bordering" thereon, over which there shall be shoal and shallow water not fit for navigation and shall have the power to establish, construct and maintain parks and boulevards over and upon the same, and all right, title and interest of the State of Illinois, in and to the bed or submerged land of such body of water, so taken possession of, enclosed, filled in and re- claimed is hereby granted and ceded to such park district and the title thereto shall vest in such park district to be held for the use and benefit of the public as a part of said park district for park and boulevard purposes exclu- sively, and said district shall have power for the purpose of reclaiming such submerged land and protecting the same thereafter to construct all necessary break-waters, or protection for the building and maintenance of such parks and boulevards, and the enclosing or reclama- tion of such submerged lands. Any such submerged lands so enclosed and reclaimed as aforesaid shall forever be held 38 and maintained for park and boulevard pur- poses and no portion thereof shall ever be granted or ceded away by any district for any purpose, and in case the same should ever cease to be used for park or boulevard pur- poses, then the title to the same shall revest in the State of Illinois, together with all the improvements thereon and the appurtenances thereof. §17. When District May Pay Damages. Whenever the land so taken possession of, en- closed, filled in and reclaimed shall lie along property not belonging to such district, and by the taking possession of, enclosing and fill- ing in such submerged land, such property shall be shut off from its access to such body of water and shall be injuriously affected there- by, such district shall pay all damages arising to such property therefrom, and in case the same can not be agreed upon, they shall be ascertained in the manner hereinbefore pro- vided for the acquiring of property for such district by condemnation proceedings. §18. When District Located Along Naviga- ble Body of Water— Control and Police. Whenever any district organized under this act is located along any such navigable body of water as aforesaid, the right is hereby given to the corporate authorities thereof to take charge of, control and police such body of water and the land thereunder for a distance of three hundred feet along any park, boule- vard or pleasure drive constructed by it and bordering thereon. §19. Not to Interfere with Navigation, Etc. Nothing in this act shall be construed as grant- ing to any district, the right to interfere with 39 the navigation of any navigable body of water or to shut off the access to any public dock or landing thereon, or to shut off the access of public highways or streets to such body of water at reasonable intervals in each munici- pality bordering thereon in said district. §20. To Levy and Collect a General Tax. Any district created under this act is hereby empowered to levy and collect a general tax on the property in the park district for neces- sary expenses of said district and for the con- struction and maintenance of the parks, boule- vards and other improvements hereby author- ized to be made. §21. How Board to Determine the Amount to Be Levied, Etc. When said district shall be located in two counties the board of commis- sioners shall determine and certify the amount to be levied upon the taxable property lying in each county, and return the same to the re- spective county clerk of the county in which the same is to be levied: Provided, that in order to determine the amount to be levied up- on the taxable property of that part of the dis- trict lying in each county, the board shall as- certain from the county clerks of the respective counties in which each district lies, the last ascertained equalized value, of the taxable property of such district lying in their respec- tive counties, and then shall ascertain the rate per cent required and shall apportion the whole amount to be raised between the sev- eral parts of the district so lying in the dif- ferent counties accordingly. §22. Amount of Taxes to Be Levied. All such general taxes when collected shall be paid over to the treasurer of the board of 40 commissioners, who is authorized to receive and receipt for the same, and all taxes author- ized to be levied by the corporate authorities of any park district created under this act on the taxable property in said district, shall be levied at the same time and in the same man- ner, as nearly as practicable, as taxes are now levied for city and village purposes under the laws of this State: Provided, The aggregate amount of taxes levied for any one year ex- clusive of the amount levied for the payment of bonded indebtedness or interest thereon shall not exceed the rate of four (4) mills on each dollar of taxable property in said district on the aggregate valuation as equalized for State and county taxes for the preceding year. §23. When Special Assessment Deemed De- sirable. When any improvement to be made by said board is local in character and con- fined within the limits of said park district, and the said board shall deem it advisable that the same should be made by special assess- ment, it shall have power to proceed under and according to the provisions of "An Act con- cerning local improvements," approved June 14, 1897. in force July 1, 1897, and all amend- ments thereto so far as the same may apply. The same provisions shall apply to the col- lection of the assessments by installments and for the issuing of b.onds and vouchers there- for as are provided in cases of special assess- ments of cities and villages in Article 9 afore- said and the amendments thereto, and also an Act of the General Assembly entitled, "An Act to authorize the division of special assess- ments in cities, towns and villages into install- ments, and authorizing the issuing of bonds 41 to anticipate the collection of deferred install- ments," approved June 17, 1893, in force July 1, 1893. (As amended by Act approved Tune 24, 1915, in force July 1. 1915.) §24. Board of Local Improvements. The park engineer, who shall be also ex-officio superintendent of special assessments, the chairman of the finance committee and the president of the said board of trustees shall constitute the hoard of local improvements for such park district, who shall act as such hoard of local improvements without compensation, and the secretary of the said hoard of trustees shall he ex-officio secretary of said hoard of local improvements. (As amended by Act ap- proved June 24, 1 ( »15, in force July 1, 1915.) §25. Levying and Collecting Assessments. The mode of making such special assessments and the filing of the assessment roll and pro- ceedings thereon shall be the same as provided by law for making special assessments for local improvements in cities of over fifty thousand inhabitants. (As amended by Act approved June 24, 1915, in force July 1, 1915.) §2(.. Duties of Secretary and Treasurer. The secretary of the said hoard of trustees and the treasurer of such park district shall perform the duties in regard to the collection of said assessmenl provided in said Article 9 to he performed by the city clerk and city collector respectively. < \< amended bj approved June 24. 1915, in force July 1, 1915.) §27. What Provisions Shall Apply to the Collection, Etc. The same provisions shall apply to the collection of the assessments, by installments and for the issuing of honds and vouchers therefor as are provided in the cases 42 of special assessments of cities and villages in article 9 aforesaid and the amendments there- to, and also an act of the General Assembly entitled "An Act to authorize the division of special assessments in cities, towns and vil- lages into installments, and authorizing the issue of bonds to anticipate the collection of the deferred installments,'' approved June 17 1893, and in force July 1, 1893. §28. Moneys— How Expended, Etc. All moneys collected by virtue of such special as- sessment shall be paid over to the treasurer of the district in which the same is levied, and shall be expended only for the improve- ment aforesaid, in the portion of the district sit- uated in the township in which the same shall be levied. s- ,,J . The Word "Improvement." The word "improvement" as used herein shall include the condemnation of property for park and boulevard purposi §30. Quorum. A majority of the township corporate authorities aforesaid shall constitute a quorum at any meeting for the transaction of any business relating to such special assess- ment. §31. For the Payment of Land Condemned, Etc. For the payment of land condemned or purchased for parks or boulevards, for the building, maintaining, improving and protect- ing of the same and for the payment of the expenses incident thereto, said district is authorized to issue the bonds of such park district and may pledge its property and credit therefor to an amount including existing in- debtedness of such park district so that the aggregate indebtedness of such park district 43 shall not exceed three (3) per centum of the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes previous to the issue from time to time of such bonds. §32. Issue of Bonds. The issue of bonds by said commissioners shall be authorized by them only at a regularly convened meeting of the board by ordinance duly enacted and of record in the record of proceedings of such board, and a copy of the same properly certi- fied by the secretary shall be filed in the office of the clerk of the county wherein such park district lies. §33. How and When Bonds to be Issued — Time to Run. Such bonds shall be issued when authorized as aforesaid in the name of the park district, to be signed by the president and treasurer and countersigned by the secretary, with his seal of office affixed; they shall bear interest at not exceeding five per cent per annum payable semi-annually, and the princi- pal shall be payable at such time and place as may be determined by the board of com- missioners, not exceeding twenty years. The commissioners of such park district may sell said bonds at not less than par, and the pro- ceeds thereof shall be used exclusively for the purpose in this act authorized. §34. Provision for Payment of Bonds, Etc. For the purpose of providing for the payment of the interest on such bonds as it falls due, and also a sum sufficient to pay and discharge the principal thereof at maturity, said park district and its corporate authorities are hereby authorized, required and directed to appro- priate and levy (in addition to other taxes 44 authorized by this act to be by them levied) an annual tax upon the taxable property in said district sufficient to provide for the said principal and interest therein mentioned. §35. Public Streets— May Be Taken Charge of as a Pleasure Drive or Boulevard — When. Any public street, road or highway or portion thereof situated within the limits of any park district organized under this act may be taken charge of by said district and improved and maintained by it as a pleasure drive or boule- vard; Provided, That the consent of the cor- porate authorities having control of such street, highway or portion thereof shall be first ob- tained, and also the consent in writing of the owners of the majority of the frontage of the lots and lands abutting on the same. If such street, road, highway or portion thereof shall have already been set apart as a pleasure driveway or boulevard, then such consent of said owners shall not be required to set the same over to the park district. When such street, road or highway is under the charge of the highway commissioners of any town- ship, they shall be held to be the corporate authorities having control of the same whose consent shall be obtained as aforesaid. §36. When Parks in Cities May Be Placed Under Control of Commissioner. Any parks or boulevards in any municipality within the limits of any park district "created under this act may, with the consent of such municipal- ity, on the organization of said district, be turned over to and placed under the control of the commissioners thereof. In any park district created under this act, any and all lands fronting on a lake, now belonging to or 45 under the control of any city, town or vil- lage in said park district, with the riparian rights attaching thereto, shall be and are here- by appropriated for such park, or parks, or boulevards, as are authorized to be made and established by this act, with the consent of the corporate authorities of such municipality. §37. Water and Sewer Pipe. To all munici- palities lying within the limits of any park district created under this act, is hereby ex- pressly reserved the right to lay and repair water and sewer pipe under the surface of any boulevard or park therein in the same manner and to the same extent it could have been done before the organization of such park dis- trict. §38. How Property May Be Annexed — Election, Etc. Territory adjoining and in the same county with any park district organized under this Act may be annexed to and be- come a part of such district in the manner following: Any one hundred legal voters, resi- dents within the territory proposed to be an- nexed, may petition the county judge of the county wherein land proposed to be annexed lies, to cause the question to be submitted to the legal voters of such park district and of the territory proposed to be annexed, whether such territory shall be annexed and become a part of the adjoining park district, and the petition shall set forth the name of the park district and define the limits of the territory proposed to be annexed thereto: Provided, however, if the legal voters, residents within the territory proposed to be annexed are fewer than one hundred ( 100) in number, a majority of such legal voters, together with a majority 46 of the owners of lands within the territory proposed to he annexed, who shall have ar- rived at lawful age, and who represent a major portion in area of the land within such terri- tory, may petition in like manner as above pro- vided. Upon the filing of the petition in the office of the county clerk of the county in which such territory is situated, it shall be the duty of the county judge of said county to order an election to be held in the terri- tory proposed to be annexed, and also in said park district, and in such order said judge shall fix the time and place or places when and where such special election may be held, to determine the question of annexation, and shall name the persons to act as judges of such election, and shall give at least twenty days' notice thereof by causing notice to be posted in five public places within the territory pro- posed to be annexed, and also in live public places within such park district. The ballot to be used at such election shall be in the following form: "For annexation." "Against annexation." The judges at such election shall make re- turn thereof to the county judge, who shall canvass such returns and cause a statement of the result of such election to be entered upon the records of the county court, a certified copy of which record shall be (by) said com- missioners spread upon the records of said park district. If a majority of the votes cast upon that question at such election in the ter- ritory proposed to be annexed shall be for annexation; and also if a majority of the votes cast upon that question in the park district 47 shall (be) for annexation, then said adjoining territory shall thenceforth become and be a part of such district, the same as though orig- inally included therein. (As amended by Act approved June 9, 1909, in force July 1, 1909.) §39. Levying and Collecting Special Assess- ment. Any park district now or hereafter or- ganized under the provisions of an act entitled "An act to provide for the creation of pleasure driveway and park districts," approved June 19, 1893, and in force July 1, 1893, may levy and collect special assessments in the manner provided for in this act. §40. Proceedings for Dissolution of Park Districts — City Council to Act as Commission- ers to Close Up Business. Any park district heretofore or hereafter organized under the provisions of this Act may be dissolved and discontinued upon like petition, proceedings and election as is provided in this Act for the organization of such park districts; and upon such dissolution all commissioners and officers of such park district, whether the term or terms for which they have been elected or appointed, as the case may be, shall have ex- pired or not, shall cease to have any power or authority, and all parks theretofore established by such park district and all other lands owned or controlled by such park district, shall vest in and shall be controlled by the city, town or village wherein such parks and other lands are located, and for the purpose of closing up the business affairs of such park district, the members of the city council, board of trustees or town board, as the case may be, of the city, village, or town wherein all, or the greater part of such park district is located, are hereby 48 constituted the park commissioners of such park district and they shall act without com- pensation. They shall proceed to close up the business affairs of such park district and shall have all the powers of the former park com- missioners, before said dissolution, that shall be necessary therefor, and shall have power to levy taxes for the purpose of paying outstand- ing debts, obligations or liabilities, and the necessary expenses of closing up the business of such park district. (As amended by Act approved June 24, 1915, in force July 1, 1915.) VIOLATIONS OF PARK ORDINANCES- PUNISHMENT. AN ACT TO PROVIDE FOR THE PUN- ISHMENT OF PERSONS VIOLATING ANY OF THE ORDINANCES OF THE SEVERAL BOARDS OF PUBLIC PARK COMMISSIONERS IN THIS STATE. §1. Be It Enacted by the People of the State of Illinois, Represented in the General Assembly: That in all actions for the violation of any ordinance of any board of public park commissioners, organized under any general or special law of this State, the first process shall be a summons : Provided, however, that a warrant for the arrest of the offender may issue in the first instance upon the affidavit of any person that any such ordinance has been vio- lated, and that the person making the com- plaint has reasonable grounds to believe the 49 party charged is guilty thereof; and any per- son arrested upon such warrant shall, without unnecessary delay, be taken before the proper judicial officer in the county within which is situated the park system under the control of any such board of public park commission- ers, to be tried for the alleged offense. Any person upon whom any fine or penalty shall be imposed may, upon the order of the court or magistrate before whom the conviction is had, be committed to the county jail or the city prison, house of correction, or other place in said county, provided by such public park commissioners, or as may be designated by them, for the incarceration of such offenders until such fine, penalty and costs shall be fully paid: Provided, however, that no such im- prisonment shall exceed six months for any one offense. Every person so committed shall be required to work at such labor as his or her strength will permit, within and without such prison, house of correction or other place provided for the incarceration of such offend- ers, as aforesaid, not to exceed ten hours each working day; and for such work the person so employed or worked shall be allowed, exclusive of his or her board, the sum of fifty cents for each day's work, on account of such fine and costs. §2. Whereas, An emergency exists, this Act shall be in force from and after its passage. Approved and in force December 24, 1907. 5 VIOLATION OF ORDINANCES— HOUSES OF CORRECTION. AN ACT TO AUTHORIZE THE CON- FINEMENT IN HOUSES OF CORREC- TION OF PERSONS CONVICTED OF THE VIOLATION OF ORDINANCES OF PUBLIC PARK COMMISSIONERS. §1. Be It Enacted by the People of the State of Illinois, Represented in the General Assembly : That every board of public park commissioners in this State shall have full power and authority to enter into an agree- ment with the legislative authorities of any city, town or village in the county in which the park system under the control of such board of public park commissioners may be situated, or with any authorized officer thereof in behalf of such city, town or village which now has or which may hereafter have a house of correction, to receive and keep in said house of correction any person or persons who may be sentenced or committed thereto by any court in such county for the violation of any ordinance of said board of public park com- missioners, or failure to pay the fine imposed for such violation. §2. After such agreement shall have been en- tered into it shall be the duty of the court find- ing any person guilty of the violation of any ordinance of any such board of public park commissioners punishable by imprisonment to sentence the person so found guilty to such house of correction, and for the violation of any ordinance of such board of public park 5! commissioners punishable by fine, it shall be the duty of the court to commit any person who shall not forthwith pay any fine so im- posed by the said court, to the said house of correction, there to be received and kept for the time and in the manner prescribed by law, and subject to the discipline of said house of correction, and it shall be the further duty of said court by warrant of commitment duly issued to cause such person so sentenced or committed to be forthwith conveyed by some proper officer to said house of correction. §3. It shall be the duty of the officer to whom such warrant of commitment is delivered to convey such person so sentenced or com- mitted to the said house of correction, and there deliver such person to the keeper or other proper officer of said house of correction, whose duty it shall be to receive such person so sentenced or committed and to safely keep and employ such person for the term men- tioned in the warrant of commitment, accord- ing- to the laws of said house of correction; and the officer thus conveying and so deliver- ing the person so sentenced or committed shall be allowed such fees, as compensation there- for, as are or shall be prescribed or allowed by law. §4. Whereas, In some of the park systems in this State there is no authority for the making of the contract hereinbefore author- ized, therefore an emergency is declared to exist, and this Act shall be in force from and after its passage. Approved and in force May 25, 1907. 52 INDEX TO MUNICIPAL CODE. Section Advertisements, prohibited 27 Air gun, prohibited in parks 46 Alms, not to be solicited 30 Attorney, duties of 10 Automobiles, not to emit smoke or offensive odors 43 Begging, prohibited 30 Bills not to be posted or distributed 27 Birds, killing of or robbing nests 29 Bond of Treasurer 9 Bonds of Officers 15 Books, indecent or obscene prohibited 34 Breach of the Peace 31 Cash Bonds 21 Circulars, not to be distributed 27 Commissioner, may suspend policemen 17 Committees of Board 12 Collection of fines 25 Collection of Judgment 22 Concealed weapons 49 Construction of words or phrases 55 Corporate Seal 16 Crowds, prohibited 31 Deadlv weapons, prohibited 49 Defacing trees or property 28 Detention of prisoner 19 Disgusting exposures 30 Disorderly conduct 31 Dogs, not to run at large 38 Dress of opposite sex 36 Drunkenness, prohibited 32 Employes, interfering with 50 Exemptions waived 22 Finance Committee 12 53 Fine, maximum $200.00 57 Firearms, prohibited 46 Fires in parks prohibited 26 Fireworks, prohibited 46 Fiscal year 1 Fortune telling- unlawful 33 Games and sports 48 Games of Chance, prohibited 33 Gravel, not to be removed 42 Hammocks, not to be hung without permis- sion 26 Hawking, prohibited 40 House of Correction of Chicago, prisoners sent to 24 Indecent Acts 35 Indecent Books 34 Interfering with employes, prohibited 50 Intoxicating liquors not allowed in park. ...37 Intoxicated persons not allowed in park... 32 Judiciary Committee 12 Language, obscene or abusive prohibited .. .33 Liquors, intoxicating, not allowed in park. .37 Meetings of Hoard 2 Meetings, Special 3 Notices, must be observed 57 Nudity, state of, prohibited 36 Obscene bo< »ks M Obscene language, prohibited Obstruction of travel 52 Officer's bonds 15 Officer may elect under which section to proceed 58 Officers, removal of 13 ( MYicers, salaries 14 Ordinances to be recorded 7 Pamphlets, not to be distributed 27 Park Committee 12 54 Person, exposure of 36 Personal property may be pledged for ap- pearance 21 Peddling, prohibited 40 Penalty for violation of ordinances 54 Penalty, construed 59 Picnics, prohibited 39 Place of Detention 23 Pledge for Appearance, Officer may take... 21 Pledge, sale of 22 Police — Attempting to escape from 47 Committee 12 Duties of 19 Force 17 Interfering with 47 Special 18 Policeman. may be suspended 17 may release offender on bond 20 resisting, penalty for 47 Prisoner, detention of 19 Quorum 4 Record of ordinances 7 Release of offenders on bond 20 Removal of Officers 13 Repeal of certain ordinances 60 Resisting officer 47 Roller Skating, prohibited 41 Rubbish, not to be deposited in park 52 Rules to be obeyed 53 Rules of construction of ordinances 55 Salaries of Officers 14 Sale of Pledge 22 Sale of articles prohibited in parks 40 Sand, not to be carried away 42 Seal, corporate 16 55 Secretary, duties of 6 to record ordinances 7 appointment of 5 Shrubs, not to be injured 28 Signs, must be observed 51 Singular and plural words construed 54 Skating, roller, prohibited 41 Sleeping in parks prohibited 26 Smoke from autos prohibited 43 Special meetings 3 Special police 18 Speed of vehicles 45 Superintendent of Police 17 Superintendent of Police, may suspend po- liceman 17 Supervising Engineer, duties of 11 Suspension of policemen 17 Threatening language prohibited 35 Traffic vehicles prohibited 44 Travel not to be obstructed 52 Treasurer — Appointment of 5 Bond 9 Duties of 9 Report 9 Trucks, prohibited in parks 44 Vehicles 44 Vehicles — Speed of 45 To keep to right 45 Waiver of Exemptions 22 Words and phrases construed 55 Yeas and Nays 8 56 INDEX TO PARK DISTRICT ACT. Section Annexation of territory 38 Board may employ engineers, clerks, etc.. ..11 Board of local improvements, who consti- tutes 24 Bond of Commissioners to be approved by County Judge 7 Board to fix term of office of Secretary and Treasurer 10 Bonded debt, limit of 31 Bonds, of Commissioners, $5,000 7 how authorized 32 how issued 33 interest not to exceed 5% 33 when may be issued 31 Breakwaters, power to construct 16 Commissioners, are conservators of peace 11 bond of, $5,000 7 may impose fines and penalties 11 not to be interested in contracts 6 power of 11 qualifications of 6 term of 8 to receive no compensation 6 to take oath 7 when to be elected 9 Condemnation, law may be acquired by.... 15 Contracts, Commissioners not to be inter- ested in 6 Control of District, extends 300 feet into lake 18 Courts to take judicial notice 5 Damages to be paid riparian owners 17 57 Debt, limit of bonded 31 Dissolution of Park District 40 District in two counties 4 District may fill in submerged land 16 Election for organization 3 how conducted 9 notices of 9 Funeral processions may be excluded from parks 11 How land may be acquired ' 15 Improvement, to include condemnation of property 29 Installments and bonds of special assess- ments 27 Judicial notice, courts to take 5 Navigation, not to be interfered with 19 Officers of Board 10 ( Ordinances, record to be kept of 12 Organization of District, how accomplished. 2 ( )rdinances, how proved 13 Park District, how may be formed 2 What territory may be included 1 Parks in Municipality may be turned over to District " 36 Payment for land condemned 31 Petition for organization, what to contain.. 2 Police Force, Board may employ 11 Polling places, where to be located 9 Powers of Park District 5 Powers of commissioners 11 To sprinkle streets 14 Powers of Park Districts 14 President to be elected annually 10 Qualifications of Commissioners 6 Quorum, majority to constitute 11 Riparian owners entitled to damages, when. 17 Record of Ordinances to be kept 12 58 Secretary and Treasurer to perform duties of City Clerk and City Collector 26 Secretary — Compensation and bond 10 To be appointed 10 Sewer and water pipe, right to lay reserved by Municipality 37 Special Assessment funds to be applied to improvement 28 Special assessments- Made by levying 25 Power to levy 23 Streets — may be taken charge of 35 sprinkling, power of commissioners 14 Submerged lands shall not be ceded away.. 16 Traffic teams may be excluded from parks.. 11 Taxes — Annual to pay bonded debt 34 Limited to 4 mills 22 Power to levy 20 To be paid over to treasurer 22 Treasurer — Compensation and bond 10 To be appointed 10 Vacancies in Board to be filled by appoint- ment 9 5 9 llBRARV OF II 11 111 1 11 CONGRESS 000 883 819 7