Unless another penalty is provided for violation of specific
provisions of this chapter, any person who violates, disobeys, omits,
neglects, permits or allows, or refuses to comply with or who resists
enforcement of any provision of this chapter, unless a different fine
is provided for under a section of this code, shall be subject to
a fine of not less than $10 nor more than $750 for each offense. Nothing
in this section shall prevent the City from prosecuting for several
violations of the same section on the same day or for each day of
said violations, although the same may continue, and each of said
violations shall be separate and distinct violations and subject to
the penalties of this section.
A corporation, firm or person may be prosecuted for the commission
of an offense performed by any officer, agent, or employee where the
offense is committed while said person is acting within the scope
of his office, employment or agency, or the commission of said offense
is authorized, requested, commanded, performed, permitted, allowed,
or by neglect of said corporation, firm or person. An officer or any
other person or agent who has a position of comparable authority for
the formulation of policy or the supervision of subordinate employees
in a managerial capacity is legally accountable for any offense committed
in the name of or in behalf of the corporation, firm or person, to
the same extent as if it were performed in his own name and behalf
and may be prosecuted for violations of this chapter. Prosecutions
for violations of this chapter may be jointly, severally or in the
alternative against any of the above-named persons and the officer,
agent, or employee. Persons jointly liable for any violations may
be prosecuted under one complaint.
The remedies or penalties enumerated herein are cumulative and
the City may prosecute in the alternative and, in the case of a nuisance,
subject the person committing said nuisance to an immediate arrest
without the notice to abate or other procedure and may, in addition,
proceed for any other violation of any other section of this chapter
or to enforce its remedy under any other ordinance, federal and Illinois
statutes, or the common law.
The City may, as an alternative remedy, elect to proceed to
prosecute any violation under any section of this chapter punishable
by incarceration in a penal institution other than the penitentiary,
for a period not to exceed six months. If the City so elects, the
complaint shall state that a conviction may result by incarceration
in a penal institution other than the penitentiary for a period not
to exceed six months. All prosecutions under this section shall be
in the Circuit Court by information or complaint sworn to charging
said offense, and the prosecution shall conform to the rules of criminal
procedure and a conviction shall require the City to establish the
guilt of the defendant beyond a reasonable doubt. The court may, in
lieu of imprisonment, assess a fine as set forth in this chapter.
If any section, paragraph, clause or provision of this chapter
shall be held invalid, the invalidity thereof shall not affect any
of the other provisions of this chapter.
(A)
When any person has violated the terms of this chapter, the officer
making the arrest may, in lieu of an arrest and bond or in lieu of
filing a quasi-criminal complaint and warrant or summons, issue a
notice to appear at the police station of the City of Hometown within
10 days after said arrest to pay the fines as provided for herein.
Every person issued a notification of such violation, after consenting
to a waiver of court hearing and trial, within 10 days after notification
is issued, may pay the sums for the violation at the office of the
police. If a second notice is given, a failure to pay the fine herein
provided within said time shall subject the person to whom the notification
was given to an issuance of a warrant for his arrest, and the police
officer issuing said notification shall swear out a complaint for
the arrest.
(2)
For each and every offense thereafter, an additional sum of
$25 shall be paid; provided, further, however, that fines for the
additional offenses shall be assessable only if the violations have
been committed within the same calendar year. Any person who fails
to appear after notification thereof and for whom a complaint and
warrant is issued shall pay the fines provided for in Subsection (B)
of this section. If a second notice to appear is issued, an additional
sum of double the amount shall be added to the fines herein provided.
