Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide
Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MUNICIPALITIES65 ILCS 5/Art. 1 Div. 1
(65 ILCS 5/) Illinois Municipal Code.
(65 ILCS 5/Art. 1 Div. 1 heading)
SHORT TITLE, DEFINITIONS,
SCOPE OF CODE, GRANT OF CERTAIN POWERS
65 ILCS 5/1-1-1
(65 ILCS 5/1-1-1)
(from Ch. 24, par. 1-1-1)
This Code shall be known and may be cited as the
Illinois Municipal Code.
(Source: Laws 1961, p. 576.)
65 ILCS 5/1-1-2
(65 ILCS 5/1-1-2)
(from Ch. 24, par. 1-1-2)
In this Code:
(1) "Municipal" or "municipality" means a city, village, or incorporated
town in the State of Illinois, but, unless the context otherwise provides,
"municipal" or "municipality" does not include a township, town when used
as the equivalent of a township, incorporated town that has
a civil township, county, school district, park district, sanitary district,
or any other similar governmental district. If "municipal" or "municipality"
is given a different definition in any particular Division or Section of
this Act, that definition shall control in that
division or Section only.
(2) "Corporate authorities" means (a) the mayor and aldermen or similar body
when the reference is to cities, (b) the president and trustees
or similar body
when the reference is to villages or incorporated towns, and (c) the council
when the reference is to municipalities under the commission form of municipal
(3) "Electors" means persons qualified to vote for elective officers at
(4) "Person" means any individual, partnership, corporation, joint stock
association, or the State of Illinois or any subdivision of the State; and includes
any trustee, receiver, assignee, or personal representative of any of
(5) Except as otherwise provided by ordinance, "fiscal year" in all municipalities
with fewer than 500,000 inhabitants, and "municipal year" in
means the period elapsing (a) between general municipal elections in succeeding
calendar years, or (b) if general municipal elections are held biennially,
then between a general municipal election and the same day of the same month
of the following calendar year, and between that day and the next succeeding
general municipal election, or (c) if general municipal elections are held
quadrennially, then between a general municipal election and the same day
of the same month of the following calendar year, and between that day and
the same day of the same month of the next following calendar year, and
between the last mentioned day and the same day of the same month of the
next following calendar year, and between the last mentioned day and the
next succeeding general municipal election. The fiscal year of each municipality
with 500,000 or more inhabitants shall commence on January 1.
(6) Where reference is made to a county within which a municipality,
district, area, or territory is situated, the reference is to the county
within which is situated the major part of the area of that
municipality, district, area, or territory, in case the municipality,
district, area, or territory is situated in 2 or more counties.
(7) Where reference is made for any purpose to any other Act, either specifically
or generally, the reference shall be to that Act and to all amendments to
now in force or that may be hereafter enacted.
(8) Wherever the words "city council", "aldermen", "commissioners", or
"mayor" occur, the provisions containing these words shall apply to the
board of trustees, trustees, and president, respectively, of villages and
incorporated towns and councilmen in cities, so far as those provisions
are applicable to them.
(9) The terms "special charter" and "special Act" are synonymous.
(10) "General municipal election" means the biennial regularly scheduled
election for the election of officers of cities, villages, and incorporated
towns, as prescribed by the general election law; in the case of municipalities
that elect officers annually, "general municipal election"
means each regularly
scheduled election for the election of officers of cities, villages, and
(Source: P.A. 87-1119.)
65 ILCS 5/1-1-2.1
(65 ILCS 5/1-1-2.1)
(from Ch. 24, par. 1-1-2.1)
The president of a village or incorporated town may be
referred to as mayor or president of such village or incorporated town.
(Source: P.A. 76-1911.)
65 ILCS 5/1-1-3
(65 ILCS 5/1-1-3)
(from Ch. 24, par. 1-1-3)
All existing municipalities which were incorporated or which
changed their corporate organization under "An Act to provide for the
incorporation of cities and villages," approved April 10, 1872, as amended,
and all existing municipalities which were incorporated under any general
act prior to July 1, 1872, shall be treated as properly incorporated under
All municipalities incorporated under any special act in effect prior to
July 1, 1872, which at the date of the passage of this Code are still
functioning under the special act which created them, shall remain as
properly incorporated under that special act.
(Source: Laws 1961, p. 576.)
65 ILCS 5/1-1-4
(65 ILCS 5/1-1-4)
(from Ch. 24, par. 1-1-4)
This Code shall apply generally to all municipalities
which are treated as properly incorporated under this Code as provided
in the first paragraph of Section 1-1-3 and to all municipalities which
are incorporated under this Code.
This Code shall also apply generally to all municipalities
incorporated and now existing under a special charter except to the
extent that this Code is in conflict with any provision in a special
charter, and except as otherwise provided in subsection (1) of Section
1-1-2. In the event that there is a conflict between a provision in this
Code and a provision in a special charter, the special charter shall
govern except where any such charter conflicts with or is inconsistent
with the general election law and except where a provision in this Code
is stated to apply to
municipalities incorporated under a special charter, or to
municipalities whether incorporated under a general or special act, or
words to that effect, or where it is otherwise made manifest that this
Code or any other Illinois statute is intended to govern despite the
inconsistent provisions in the special charter.
A municipality incorporated under a special charter may, by ordinance or
resolution, adopt the provisions of Sections 3.1-15-10, 3.1-20-5, and 3.1-20-22
of this Code.
However, if a particular section of this Code is limited to cities or
villages or incorporated towns or any combination thereof, or to cities,
villages, or incorporated towns of a specified type or any combination
thereof, that intention shall prevail.
(Source: P.A. 92-115, eff. 1-1-02.)
65 ILCS 5/1-1-5
(65 ILCS 5/1-1-5)
(from Ch. 24, par. 1-1-5)
The corporate authorities of each municipality may exercise
jointly, with one or more other municipal corporations or governmental
subdivisions or districts, all of the powers set forth in this Code unless
expressly provided otherwise. In this section "municipal corporations or
governmental subdivisions or districts" includes, but is not limited to,
municipalities, townships, counties, school districts, park districts,
sanitary districts, and fire protection districts.
(Source: Laws 1965, p. 2854.)
65 ILCS 5/1-1-6
(65 ILCS 5/1-1-6)
(from Ch. 24, par. 1-1-6)
Town under special charter superseding civil township;
powers. The corporate authorities of any town incorporated under a
special charter that has superseded a civil township shall
powers enumerated in the following: Sections 1-2-1, 1-4-1 through 1-4-4,
1-4-6, 1-4-7, 1-5-1, 1-6-1, 1-7-1, 1-7-2, 1-7-3, 1-8-1, 3.1-30-5, 7-4-2, 8-1-1
through 8-1-4, 8-1-6, 8-1-8 through 8-1-14, 8-2-9, 8-3-8, 8-3-9, 8-4-1
through 8-4-34, 8-7-1 through 8-7-4, 8-7-5, 8-9-1, 8-9-2, 8-11-1 through
8-11-3, 8-11-4, 10-4-1 through 10-4-3; all of Article 9; and Divisions 1,
2, 3, 4, 5, 6, 7, 8, 10, 11, 13, 14, 15, 16, 19, 20, 22, 23, 27, 28, 30,
31, 32, 33, 34, 37, 40, 42, 43, 44, 49, 53, 54, 56, 57, 58, 59, 60, 61, 62,
68, 71, 72, 73, 75, 76, 77, 78, 79, 80, 81, 82, 83, 87, 88, 89, 90, 91, 93,
97, 101, 104, 105, 108, 109, 110, 117, 118, 119, 121, 122, 124, 125, 126,
127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 138, 139, 140, 141, 142,
143, 144, 145, 146, 147 and 148 of Article 11. These powers
cumulative in effect, and if any provision is inconsistent with any power
expressly granted under the special charter of the municipality,
be considered as an alternative or additional power and not as a limitation
upon any other power granted or possessed by the corporate authorities of
the town incorporated under a special charter that has superseded a
(Source: P.A. 87-1119.)
65 ILCS 5/1-1-7
(65 ILCS 5/1-1-7)
(from Ch. 24, par. 1-1-7)
Power of municipality to contract with school boards,
hospitals, commercial and industrial facilities, and owners of shopping
centers or apartment complexes.
The corporate authorities of any municipality shall have the power to
contract with school boards, hospitals, commercial and industrial
facilities, and owners of shopping centers or
apartment complexes within and without the municipal limits in such manner
as is provided by Section 11-209 of "The Illinois Vehicle Code", approved
September 29, 1969, as amended, and as provided under Section 2 of "An Act
in relation to the regulation of motor vehicle traffic and the promotion of
safety on public highways in counties", approved August 9, 1951, as
This amendatory Act of 1972 is not a prohibition upon the contractual
and associational powers granted by Article VII, Section 10 of the Illinois
(Source: P.A. 90-145, eff. 1-1-98; 90-481, eff. 8-17-97.)
65 ILCS 5/1-1-7.1
(65 ILCS 5/1-1-7.1)
(from Ch. 24, par. 1-1-7.1)
Any municipality may establish community based committees
which shall consist of community leaders, and such committees shall coordinate
all State and federal economic programs except where otherwise prohibited
by federal law.
(Source: P.A. 84-1090.)
65 ILCS 5/1-1-8
(65 ILCS 5/1-1-8)
(from Ch. 24, par. 1-1-8)
Whenever this Code requires or authorizes the submission of a
proposition or question to referendum, whether initiated by action of the
corporate authorities or by petition, upon such initiation, the proposition
or question shall be certified, in accordance with the general election
law, to the proper county clerks and boards of election commissioners.
Those election authorities shall submit the proposition or question to the
voters of the municipality, or to the voters of such other territory as are
entitled to vote thereon, at an election in accordance with the general
election law. Whenever this Code requires referendum approval by the voters
of any ordinance adopted by a municipality, and no specific procedure is
provided for initiating the referendum, the referendum shall be initiated
by the passage of such ordinance and shall be certified for the next
regular election in accordance with the general election law.
Whenever this Code requires or authorizes a special election to be held
for the purpose of filling a vacancy in office, the office and the
candidates therefor shall be similarly certified, in accordance with the
general election law.
Municipal clerks and clerks of the circuit court shall perform all
election duties, including certifications and publication of notices, in
connection with the conduct of elections of officers and referenda on the
submission of questions or propositions to referendum as provided in the
general election law.
(Source: P.A. 81-1489.)
65 ILCS 5/1-1-9
(65 ILCS 5/1-1-9)
(from Ch. 24, par. 1-1-9)
If a municipality
which is a home rule unit under Section 6 of
Article VII of the Constitution by reason of having a population of more
than 25,000 suffers a loss in population so that its population
determined as provided in Section 1-7-2 is 25,000 or less, such
municipality shall continue to have the powers of a home rule unit until
it elects by referendum not to be a home rule unit.
Unless such a referendum is held sooner, or such a referendum has been
held within the 2 calendar years preceding the year in which the population
is determined to be 25,000 or less, the municipal clerk
shall certify for submission to the voters of the municipality at the next general
election following such determination of population, in the manner
provided by the general election law, the proposition of whether the municipality
not to be a home rule unit.
(Source: P.A. 82-94.)
65 ILCS 5/1-1-10
(65 ILCS 5/1-1-10)
(from Ch. 24, par. 1-1-10)
It is the policy of this State that all powers granted, either
expressly or by necessary implication, by this Code, by Illinois statute,
or the Illinois Constitution to municipalities may be exercised
by those municipalities, and the officers, employees and agents of each
notwithstanding effects on competition.
It is further the policy of this State that home-rule municipalities,
the officers, employees and agents of each may
(1) exercise any power and perform any function pertaining to their government
and affairs or (2) exercise those powers within traditional areas of municipal
activity, except as limited by the Illinois Constitution or a proper limiting
statute, notwithstanding effects on competition.
It is the intention of the General Assembly that the "State action exemption"
to the application of federal antitrust statutes be fully available to
all municipalities, and the agents, officers and employees of each
to the extent they are exercising authority as aforesaid, including, but
not limited to, the provisions of Sections 6, 7 and 10 of Article VII of
the Illinois Constitution or the provisions of the following Illinois
statutes, as each is now in existence or may hereinafter be amended:
(a) The Illinois Local Library Act; "An Act to provide the manner of
levying or imposing taxes for the provision of special services to areas
within the boundaries of home rule units and non-home rule municipalities
and counties", approved September 21, 1973, as amended; "An Act to
facilitate the development and construction of housing, to provide
governmental assistance therefor, and to repeal an Act herein named", approved July
2, 1947, as amended; or the Housing Authorities Act, the Housing
Cooperation Law, the Blighted Areas Redevelopment Act of 1947, the Blighted
Vacant Areas Development Act of 1949, the Urban Community Conservation Act,
the Illinois Enterprise Zone Act or any other power exercised pursuant to
the Intergovernmental Cooperation Act; or
(b) Divisions 1, 2, 3, 4, 5 and 6 of Article 7 of the Illinois Municipal
Code; Divisions 9, 10 and 11 of Article 8 of the Illinois Municipal Code;
Divisions 1, 2, 3, 4 and 5 of Article 9 of the Illinois Municipal Code; and
all of Divisions of Articles 10 and 11 of the Illinois Municipal Code; or
(c) Any other Illinois statute or constitutional provision now existing
or which may be enacted in the future, by which any municipality may exercise authority.
The "State action exemption" for which provision is made by this Section
shall be liberally construed in favor of such municipalities and the
agents, employees and officers thereof, and such exemption shall be
available notwithstanding that the action of the municipality or its
agents, officers or employees
constitutes an irregular exercise of constitutional or statutory powers.
However, this exemption shall not apply where the action alleged to be in
violation of antitrust law exceeds either (1) powers granted, either
expressly or by necessary implication, by Illinois statute or the Illinois
Constitution or (2) powers granted to a home rule municipality to perform
any function pertaining to its government and affairs or to act within
traditional areas of municipal activity, except as limited by the Illinois
Constitution or a proper limiting statute.
Notwithstanding the foregoing, where it is alleged that a violation of
the antitrust laws has occurred, the relief available to the plaintiffs
shall be limited to an injunction which enjoins the alleged activity.
Nothing in this Section is intended to prohibit or limit any cause of
action other than under an antitrust theory.
(Source: P.A. 84-1050.)
65 ILCS 5/1-1-11
(65 ILCS 5/1-1-11)
Contractual assessments; renewable energy sources.
A municipality may enter into voluntary agreements with the owners of property within the municipality to provide for contractual assessments to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property.
(Source: P.A. 96-481, eff. 1-1-10; 96-1000, eff. 7-2-10.)
65 ILCS 5/1-1-12
(65 ILCS 5/1-1-12)
Americans with Disabilities Act coordinator; posting and publication.
(a) Within 90 days after the effective date of this amendatory Act of the 96th General Assembly, each municipality that maintains a website must post on the municipality's website the following information:
(1) the name, office address, and telephone number of
the Americans with Disabilities Act coordinator, if any, employed by the municipality; and
(2) the grievance procedures, if any, adopted by the
municipality to resolve complaints alleging a violation of Title II of the Americans with Disabilities Act.
(b) If a municipality does not maintain a website, then the municipality must, within 90 days after the effective date of this amendatory Act of the 96th General Assembly, and at least once every other year thereafter, publish in either a newspaper of general circulation within the municipality or a newsletter published by the municipality and mailed to residents of the municipality the information required in item (1) of subsection (a) and either the information required in item (2) of subsection (a) or instructions for obtaining such information from the municipality.
(c) No home rule municipality may adopt posting or publication requirements that are less restrictive than this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 96-650, eff. 1-1-10; 96-1000, eff. 7-2-10.)