This Code shall be known as the "Municipal Code of Hometown" ("Code"). Any reference to the number of any section contained herein shall be understood to refer to the position of the same under its appropriate chapter heading (if any) and to the penalty clause relating thereto, as well as to the section itself when reference is made to this Code by title in any legal document or ordinance of this City.
Whenever any word in any section of this Code importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not be used. When any subject matter, party or person is referred to in this Code by words importing the singular number only, or the masculine gender, several matters, parties or persons, and females as well as males and bodies corporate shall be deemed to be included. The words "person, firm or corporation" shall be deemed to include any partnership, association, or organization of any kind; words in the present shall include the future. The words "this Code" whenever used in this Code shall be held and be taken to mean this entire Code, including each and every section thereof. The word "city" or "City" whenever used in this Code shall be held and taken to mean the City of Hometown. The words "written" and "in writing" shall include printing. If a time is given in a.m. or p.m., it shall mean Central Standard Time except when the City is on Daylight Saving Time. Whenever a notice is required to be given or an act to be done, a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time; however, the day on which such proceeding is to be had shall not be counted. These rules of construction shall not be applied to any section of this Code which contains any express provision excluding such construction or where the subject matter or content of such section may be repugnant thereto.
All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent of the Council may be fully carried out.
(A) 
In all cases where the same offense is made punishable or is created by different clauses or sections of this Code, the prosecuting officer may elect under which to proceed; however, not more than one recovery shall be held against the same person for the same offense; provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty from being enforced.
(B) 
Whenever in this Code a minimum but not maximum fine or penalty is imposed, the court may in its discretion fine the offender any sum exceeding the minimum fine or penalty so fixed, but not exceeding $750.
[Amended 11-22-2016 by Ord. No. 7-2016]
(C) 
Whenever in this Code the doing of any act or the omission to do any act constitutes a breach of any section or provision of this Code, and there shall be no fine or penalty for such breach, any person who shall be convicted of any such breach shall be fined not less than $10 nor more than $750 for each offense.
[Amended 11-22-2016 by Ord. No. 7-2016]
(D) 
Whenever in this Code an offense is made punishable, except for violations of Chapter 11, Article 2, Alcoholic Liquor Dealers, the prosecuting officer or the police officer or person making the arrest may issue, in lieu of a formal complaint, a notice to appear at the police station in the City of Hometown within 10 days after said arrest and pay the minimum fine provided for in a section of the article or, if none is provided for, then a minimum fine of $25 for each offense. Every person issued such notification of a violation, after consenting to a waiver of court hearing and trial, may pay the sums for the violation at the police station, Hometown, Illinois, in lieu of said person's appearance in court. In the event a second notice to appear is issued for the violation, double the amount shall be added to the fines provided. Failure to pay the fine herein provided within said time shall subject such person to whom the notification was given to issuance of a warrant for his arrest, and the police officer or person issuing such notification shall swear out a complaint for the arrest or issue a summons to appear in court on a day certain.
(E) 
Any person that fails to pay a fine within the time period required shall also be assessed for the City's costs of collection in an amount of 35% of the applicable fine.
[Added 6-12-2018 by Ord. No. 9-2018]
(A) 
Whenever reference is made in this Code to a City officer or employee by title only, this shall be construed as though followed by the words "of the City of Hometown" and shall be taken to mean the officer or employee of this City having the title mentioned or performing the duties indicated.
(B) 
No provision of this Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided in this Code for a failure to perform such duty, unless the intention of the City Council to impose such a fine or penalty on such officer or employee is specifically clear and expressed in the section creating the duty.
Nothing in this ordinance or in the Code hereby adopted shall be construed to affect any suit or proceeding now pending in any courts or any rights acquired or liability incurred nor any causes of action accrued or existing under any act or ordinance repealed hereby; nor shall any right or remedy of any character be lost, impaired or affected by this Code.
The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of the court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.
Any additions or amendments to this Code, when passed in such a form as to indicate the intention of the Council to make the same a part of this Code, shall be deemed to be incorporated in this Code so that a reference to the Code shall be understood to include them. Amendments to the whole or part of a section may be made by using the same section and number and indicating the date of the amendment and ordinance number. Where a new section is to be added and no section number is available, it may be identified by the use of decimals after the preceding section number; for example, § 1.01.1 (subject).
In case of amendment of any section of this Code containing the provisions for which a penalty is provided in another section, the penalty so provided in such other section shall be held to relate to the section so amended or the amending section, whether reenacted in the amendatory ordinance or not, unless such penalty is specifically repealed therein.
(A) 
It shall be the duty of the City Clerk to keep at least one copy of the Municipal Code of Hometown, which he shall mark in the following manner. Whenever an ordinance which amends or makes an addition to the Code is passed and approved, he shall note on the margin of the section or sections amended that such amendment has been made, with a reference to the place in the amendment book, hereinafter described, where the amendment may be found; and in the case of an addition, he shall mark in the appropriate place a notation that such addition has been made, with a similar reference to the aforementioned amendment book.
(B) 
The City Clerk shall keep also a separate book containing every amendment or addition passed to this Code, with a reference on each copy of such amendment or addition as to the place in the record or ordinances where the original ordinance may be found. The above-mentioned records shall be kept in addition to the record of ordinances which the City Clerk is required to keep by statute.
(A) 
Any person accused of a violation of any section of Chapter 14, Traffic, of this Code, or failing to purchase, obtain and/or display any permit or license required pursuant to any other provision of this Code which requires the purchase of a license or permit, pursuant to the issuance of a compliance ticket, except a traffic offense for which a court appearance is required pursuant to Supreme Court Rule 551, may settle and compromise that ticket by paying to the City a fee of $25 and showing proof of the correction of the violation (i.e., replacement of the faulty equipment, purchase of the required license or permit) within 10 days from the date such alleged violation was committed or by paying to the City the sum of $30, subsequent to said ten-day period and prior to said person being issued a uniform traffic complaint or notice to appear ("P" ticket) or other form of complaint, and showing proof of the correction of the violation.
(B) 
Compliance tickets shall be issued as a courtesy in lieu of instituting a prosecution for the alleged offense. If the person accused of the violation does not settle the claim, a uniform traffic complaint or notice to appear ("P" ticket) or other form of complaint will be issued for that violation and that person shall be subject to the general penalties set forth in this Code.