[Adopted as Ch. 1, §§ 1.06, 1.07 and 1.18, of the 1998 Code]
Standard penalty. Unless another penalty is specifically provided by this Code for violation of any particular provision, section or chapter, any person violating any provision of this Code, or any rule or regulation adopted or issued in pursuance thereof, or any provision of any code adopted herein by reference, shall, upon conviction, be subject to a fine of not less than $50 nor more than $500, and the costs of prosecution.
[Amended by Ord. No. 04-06-15A]
Commitment. The person upon whom any fine or penalty is imposed for violation of any provision of this Code or any ordinance of the City, upon order of the court before which the conviction is had, may be committed to the City or county jail as provided by law, or to any other place provided by penalty, until the fines and costs are fully paid.
Each day of violation. Each act of violation and each day upon which a violation occurs constitutes a separate offense.
Applicability. The penalty provided by this section applies to the amendment of any section of this Code or a code adopted herein by reference whether or not such penalty is reenacted in the amendatory ordinance.
Reference to sections. Reference to a section of this Code shall be understood also to refer to and include the penalty section relating thereto, unless otherwise expressly provided.
Failure of officers to perform duties. The failure of an officer or employee of the City to perform an official duty imposed by this Code shall not subject such officer or employee to the penalty imposed for violation of this Code, unless a penalty is specifically provided in the section creating the duty.
Every person concerned in the commission of an act prohibited by this Code, whether he directly commits the act, or prosecutes, counsels, aids, or abets in its commission, may be prosecuted and on conviction is punishable as if he had directly committed such act.
[Added by Ord. No. 12-21-09A]
Arrests and detentions.
A City of Mendota police officer may arrest a person when he or she:
Has reasonable grounds to believe that the person who breaks the peace is committing or has committed an offense under any ordinance of the City of Mendota or under the laws of the State of Illinois;
Has a warrant commanding that such person be arrested; or
Has reasonable grounds to believe that a warrant for the person's arrest has been issued in this state or in another jurisdiction.
A City of Mendota officer may, if necessary, detain arrested persons in custody overnight or Sunday in any safe place or until they can be brought before a proper court and may exercise all other powers as a conservator of the peace.
Warrant. Whenever a person who is charged with an offense under any ordinance of the City of Mendota, or who is charged with any offense under the laws of the State of Illinois by any officer appointed under the terms of this article, fails to appear at the time and place specified by any legal process, such officer shall, at the request of the prosecutor, make an appropriate complaint and appear in court as may be necessary to obtain a warrant for the arrest of such person.
Bail. Any person arrested for the violation of any provision of this Municipal Code which is punishable only by a fine which does not exceed $1,000 shall have the right to obtain release from custody by giving bail as provided by law in the amount of $120 conditioned on his or her personal appearance at the time and place fixed for his appearance in court to respond to such charge or charges. Bail may posted in any manner provided by law, specifically including but not limited to placing the appropriate cash bail together with the appropriate portions of the ticket or complaint in a stamped envelope (to be provided by the arresting officer) addressed to the Circuit Clerk of LaSalle County and in the presence of the arresting officer depositing that envelope in a United States Government mailbox.
[Added by Ord. No. 11-19-12A]
Subject to Subsection A(4) of this section, a person accused of violating a section of the Municipal Code set forth in Table 1 of this section may offer to settle the case by paying the minimum fine which is set forth in Table 1 if payment is made within the time and in the manner set forth in Subsection A(2) of this section or within an extended period of time authorized by the City Attorney under Subsection A(6) of this section.
Payments in settlement of violations set forth in Table 1 shall be made within 14 days after the date that the notice to appear was issued to the person accused of such violation. A payment shall be considered made within 14 days if the payment is actually received by the Mendota Police Department, or such other place as the City Attorney may designate for receipt of fines, within the fourteen-day-period. Payments shall be made by cash, certified check, money order or cashier's check made payable to the City of Mendota, or such other forms of tender as the City Clerk's Finance Department shall specify.
The City Attorney may, in his or her discretion, elect to reject any such minimum fine as settlement of any violations set forth in Table 1 prior to the date the notice to appear and complaint which charges a person with such violation is filed with the Circuit Court. In addition, if a violation proximately causes out-of-pocket expenses or loss to the victim or victims of the violation, the City Attorney may elect to accept payment of restitution to the victim or victims of said violation in addition to the payment of the minimum fine set forth in Table 1 as settlement of a violation prior to and in lieu of filing a complaint for the violation. The City Attorney may, in his or her discretion, elect to accept community service in addition to or in lieu to the payment of the minimum fine set forth in Table 1 as settlement of a violation prior to and in lieu of filing a complaint for the violation.
Peace officers who have issued a notice to appear for an offense under this Municipal Code for which the minimum fine is set forth in Table 1 shall deliver the original copies of the notice to appear and the complaint to the Circuit Court if the fine for the alleged violation is not paid within full 14 days after the notice to appear and complaint is issued to the person accused of the violation.
The City Attorney shall have authority to delay filing with the court such notice to appear and complaint which charges the person with the violations of the Municipal Code in order to allow the accused person an opportunity to settle the case.
If a person pays a minimum fine pursuant to this section, and such payment is not rejected under Subsection A(4) of this section, then the complaint charging the person with the particular violation shall not be filed with the Circuit Court.
In lieu of the provisions of this Municipal Code relative to minimum penalties, the minimum fine for violations of sections of this Municipal Code set forth in Table 1 of this section shall be as set forth in Table 1.
Table of Minimum Fines (effective November 19, 2012). Persons charged with violating any of the chapters or sections of the Mendota Municipal Code listed below may offer to settle the charge by paying the minimum fine set forth in this table within 14 days after the issuance of a notice to appear. The minimum fine related to a chapter or section below shall be the minimum fine for each section within that chapter. The charge will not be filed with the Circuit Court if the settlement is accepted.