FROM: Frank X. Heiligenstein, Illinois Codification Services
IN RE: Newton City Code Commentary from Larry Short
DATE: December 22, 2015
In our 46 years of providing codification and zoning services to over 250 counties and cities, have we ever
encountered such a misinformed person as the former alderman who offered his opinion concerning the
updates to he Newton City Code. That Code is now one of the most modern documents in that part of the
state.
If Mr. Short had attended the City Council meeting where the original contract was discussed or the three-
hour review session he may have better understood what was being accomplished.
1. First the former official stated there were 538 pages in the Code in 2013, but he apparently did not
have a current code because there were 707 in the code. The 2015 version has 838 pages because the
City Council added the following:
A. In Chapter 7 an article that allows organizations to legally conduct fireworks displays pursuant to
the protocols established by the State Fire Marshal's office (13 pages).
B. The police department contract was added in late 2013 (32 pages). [NOTE: All of the updates
were printed in a smaller font in order to reduce the number of pages.]
C. In Chapter 1 - Administration was reworked to reflect revisions in the public comment protocols,
etc. This chapter was reduced by 10 pages.
D. The prosecutor's fee of $25.00 is seldom used but the fee is added if the City Attorney has to
prosecute the ticket.
E. The revisions in the Animal Control Code (Ch. 3) were stipulated in the state statutes including a
few definitions. The County handles the enforcement side. The Appellate Court in Mt. Vernon has recently
ruled that chickens are a permitted and incidental use in residential areas just like dogs and cats.
F. In Chapter 22 - Mandated Policies, an assortment of policies and laws were relocated or added to
this chapter that are mandated by the state or federal government. Also, several of the mandated laws
have to be included in grant applications.
G. Some of the most recent laws being added to the Offenses chapter of the City Code is the
prohibition of locating indoor furniture in the front yard like a bunch of down-homers. Some people do not
care how they junk up their neighborhood. Also, we added a law that protects at funerals, especially
veterans, is not acceptable. These provisions did not add more than a few pages.
H. The comments regarding drainage (33-2-9) and street obstruction were in the 2013 Code and are
standard policies in all municipalities. You do not want a merchant to completely block a sidewalk. By the
way these laws are in Sections 33-2-10 and 33-2-12.
I. Section 33-2-19 requires the mowing of grass not 33-2-18. We cannot envision a fine city like
Newton wanting to allow grass, weeds, etc. to grow very high in front of one’s property. Not unless they are
trying to hide debris or junked vehicles in their front yard!
J. The comment made about attaching electric wires to the water lines is one of the guidelines
provided by the E.P.A. so a person does not get electrocuted when the current may be passing through a
bad connection to the pipe. This has been the law for 70 years in all towns.
K. Taxes. If Mr. Short would have reviewed the annual tax levy when he was on the Council he would
have seen most of the taxes in Section 36-1-1 listed. These are the most common taxes available to a city
without a referendum. There is no increase in taxes based upon this list, especially if the County is a PTEL
county. If he had attended the meeting he would have understood. Also, the Mayor does not drool.
L. The revisions were submitted many months prior to the General Meeting to finalize the code. All
department heads, etc. participated in the debate and discussion. We found that the Newton City Council
was one of the best prepared bodies that we have encountered in updating the Code.
M. Street Code. The chapter that was adopted replaced a very short outdated law. The chapter is
37 pages long versus 8. It includes an Article IV establishing a comprehensive regulation that governs
companies digging in the streets and alleys. It was accomplished in Springfield by the Municipal League, A.
T.&T. and civil engineers.
N. The Subdivision Code was only 3 pages long and regulated little or nothing. It was from the 1940’
s. We added a code that was prepared and tweeked by numerous engineering firms. If the city had
contracted the preparation of this code to an engineering firm it would have cost thousands of dollars
instead it ran about $1000. The Code protects the City from irresponsible contractors who install
inadequate streets, etc.
O. Also as a result of the additional regulations the Table of Contents went from 23 to 45 pages.
P. In regard to Resolution 08-03 that was supposedly missing. Resolutions are temporary
expressions and are not included in the Code which is an ordinance.
Q. All rate increases will have to be by ordinance.
R. The Code book would be about 100 pages longer if we had not reduced the size of the type.
S. If Mr. Short had been at the meeting he would have better understood what was going on.