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; amended by Ord. No. 04-06-15A]
A. Arrests and detentions.
(1) A City
of Mendota police officer may arrest a person when he or she:
(a)
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;
(b)
Has a warrant commanding that such person be arrested; or
(c)
Has reasonable grounds to believe that a warrant for the person's
arrest has been issued in this state or in another jurisdiction.
(2) 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.
B. 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.
C. 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]
A. Procedure.
(1) 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.
(2) 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.
(3) Payments made after the due date and before the court date shall
be charged a late fee as set from time to time by the City Council.
[Amended by Ord. No. 04-06-15A]
(4) 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 City of Mendota
Code Hearing Department under Ordinance No. 02-05-24. 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.
[Amended by Ord. No. 02-05-24A]
(5) 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.
(6) 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.
(7) 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 City of Mendota under the Code Enforcement provisions of Ordinance No. 02-05-24.
[Amended by Ord. No. 02-05-24A]
(8) 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.
B. Table of
Minimum Fines (effective February 5, 2024). 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.
[Amended by Ord. No. 02-05-24A]
Table 1
|
---|
Chapter/Section
|
Description
|
Fine
|
---|
|
Allowing patrons in bar after hours
|
$300
|
|
Consumption of alcohol by a minor
|
$200
|
|
Failure to have dog or cat license
|
$100
|
|
Allowing dog to run at large
|
$100
|
|
Barking dog
|
$100
|
|
Cruelty to animals
|
$300
|
|
Pet waste
|
$100
|
|
Garage sale permit
|
$100
|
|
Tall grass over 8 inches
|
$100
|
|
Abandoned vehicles
|
$100
|
|
Assault
|
$300
|
|
Disturbing the peace
|
$100
|
|
Unlawful assemblages
|
$100
|
|
Unlawful assemblages on private property
|
$100
|
|
Disturbing lawful assemblages
|
$100
|
|
Disturbing places of amusement
|
$100
|
|
Resisting officer; assisting escape
|
$300
|
|
Congregation upon streets
|
$100
|
|
Noisy advertising
|
$100
|
|
Discharging firearms
|
$200
|
|
Carrying dangerous weapons
|
$200
|
|
Toy firearms; air rifles
|
$100
|
|
Bonfires
|
$100
|
|
Bonfires and fireworks
|
$100
|
|
Obstructing fire department
|
$300
|
|
Obstructing hydrants
|
$200
|
|
Playing about railroad tracks
|
$100
|
|
Destroying property
|
$200
|
|
Trespassing upon school property
|
$200
|
|
Trespassing on public parks
|
$100
|
|
Defacing property
|
$100
|
|
Utility poles
|
$100
|
|
Indecent exposure; lewd acts
|
$300
|
|
Battery
|
$200
|
|
Curfew for minors
|
$100
|
|
Theft and related offenses
|
$300
|
|
Retail theft
|
$300
|
|
Drug paraphernalia
|
$300
|
|
Soliciting without a permit
|
$100
|
|
Burning
|
$100
|
|
Possession of smoking material
|
$100
|
|
Sale of smoking material to persons under 21
|
$100
|
|
Truancy
|
$100
|
|
Bicycles on sidewalks
|
$100
|
|
Bicycles and motorcycles
|
$100
|
|
Use of bicycles
|
$100
|
|
Regulating the use of bicycles
|
$100
|
|
Use of snowmobiles
|
$100
|
|
Clinging to vehicles
|
$100
|
|
Use of coasters, roller skates and similar devices
|
$100
|
|
Spilling loads
|
$100
|
|
Unsafe tires
|
$100
|
|
Unnecessary noise
|
$100
|
|
Pedestrians
|
$100
|
|
Bicycles, skateboards, roller skates, roller skis and play vehicles
|
$100
|