May 29, 2025

At the Core of Every Local Law Lies This Overlooked Chapter

When it comes to Freeport’s city government, most residents know little about the legal machinery powering our everyday ordinances. But buried in the city’s legal code is Chapter 202, the often-ignored framework that quietly controls how every law is created, interpreted, updated—and in some cases, abused.

Whether it’s how much you can be fined for tall grass, or who defines what a “public way” means—it all starts here.

What is Chapter 202?

Think of Chapter 202 as the city’s ‘rulebook for the rulebook.’

Originally codified in 1993, Chapter 202 is the foundational legal code for Freeport. It determines how laws are structured, how they’re numbered, and what legal definitions apply across the board. It tells us how conflicts between laws should be resolved and what happens when someone breaks a rule that doesn’t have a specific penalty attached.

It's technical. It’s dense. But it's also deeply powerful—and problematic.

How It Works: A Quick Breakdown

• Ordinance Structure: Every Freeport law is slotted into a neat framework of codes, titles, chapters, and sections.

• Standard Definitions: Words like owner, public way, and person are defined here and apply across the entire municipal code.

• Penalty Defaults: If an ordinance doesn’t have a listed fine, Chapter 202 fills the gap: $75–$750 per day, per offense.

• Rule Conflicts: Newer ordinances trump older ones. But oddly, Freeport’s code still holds—even when it contradicts state law.

In short: Chapter 202 is the DNA of city governance. It’s also overdue for reform.

When Structure Becomes a Shield

While Chapter 202 was designed to streamline local governance, in practice it opens the door to misuse and manipulation. Here's how:

1. Too Much Discretion, Not Enough Definition

Officers have broad discretion to escalate fines based on vaguely defined “aggravating circumstances.” There’s no clear, public standard—leaving room for favoritism, inconsistency, or retaliation.

2. Transparency, Only on Paper

While the law requires ordinance updates to be published at least once per year, there is no enforcement mechanism. Recent disappearances of City Council agendas from public websites raise serious concerns about document manipulation and public access.

3. When Local Law Ignores State Law

In a troubling twist, Freeport ordinances can override Illinois law until a resident sues to challenge it. That shifts the burden of justice to everyday people—many of whom can’t afford legal action just to exercise their rights.

4. Outdated Laws Linger

Even if parts of an ordinance are struck down as invalid, Chapter 202 allows the rest to remain. Without automatic reviews or sunset clauses, obsolete laws accumulate, making enforcement confusing and uneven.

5. Administrative Hearings: A Closed System?

Fines are often handled through the city’s Administrative Adjudication System, but Chapter 202 offers no transparency or appeal framework. Residents may face judgment in a system that operates more like a collection agency than a fair court.

“Residents are getting fined. Contractors are being cited. But who’s watching the watchers?”

— Fighting4Freeport