[Amended 2-26-1996 by Ord. No. 96-03; 3-11-1996 by Ord. No. 96-04; 4-8-1996 by Ord. No. 96-08; 6-24-1996 by Ord. No. 96-19; 8-22-2005 by Ord. No.
05-36; 11-13-2007 by Ord. No. 07-30; 10-11-2010 by Ord. No. 10-36; 7-27-2016 by Ord. No. 16-16]
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. Not more than one recovery shall
be had 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 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 of $75 so fixed but not exceeding
$750. A separate offense shall be deemed committed on each day during
or on which a violation of this Code occurs or continues. Each day
that the violation continues shall subject such person to an additional
penalty of not less than $75 and not more than $750.
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 no fine or penalty is declared for the breach, any person who
is convicted of any breach shall be fined not less than $75 nor more
than $750 for each offense, unless otherwise provided by law. A separate
offense shall be deemed committed on each day during or on which a
violation of this Code occurs or continues. Each day that the violation
continues shall subject such person to an additional penalty of not
less than $75 and not more than $750.
D.
Enforcement of certain ordinances through the use of "P-tickets"
or "code violation tickets."
(1)
The Village hereby creates an enforcement vehicle which shall be
known as the "P-ticket" for the enforcement of certain ordinances.
Persons who are issued a P-ticket by appropriate Village agents and
employees shall be given the option of tendering a written plea of
guilty along with the payment of the minimum fine set herein, and
as hereafter amended, directly to the Village Clerk within 14 days
of the issuance of a P-ticket. Persons who do not pay the fine and
enter a plea of guilty with the Village Clerk within the 14 days shall
be subject to summons to hearing in the Circuit Court and shall be
subject to the full range of fines and penalties as may be otherwise
established by each separate Village ordinance or Code section. No
person shall be eligible to compromise and settle a claim as provided
herein if such person has been found liable for or guilty of three
or more ordinance violations within the 12 preceding months.
(2)
Appropriate Village agents and employees also have the option of issuing "Code violation tickets." A person issued a Code violation ticket shall be given the option of tendering a written plea of guilty along with the payment of the minimum fine set herein, and as hereafter amended, directly to the Village Code Administrator, as defined in § 41-5 of this Code, within 14 days of the issuance of a Code violation ticket. Persons who do not pay the fine and enter a plea of guilty within the 14 days with the Village Code Administrator shall be subject to the Village's system of administrative adjudication and shall be subject to the full range of fines and penalties as may be otherwise established by each separate Village ordinance or Code section. Code violation tickets may be issued for any municipal ordinance, law, rule, regulation or code set forth in Titles V, VII, IX, XIII, and XV of the Village Code, inclusive, except such ordinances for which the potential penalty described therein includes a period of incarceration or wherein the violation is a moving violation under the Illinois Traffic Code that is a reportable offense to the Illinois Secretary of State. Unless the fine is otherwise provided by Village Code or applicable law, the fine on all Code violation tickets shall be not less than $75 nor more than $750 for each offense unless otherwise provided by law. A Code violation ticket may be issued regardless of whether it is specifically provided for within the penalty provision of the applicable Village Code provision and may be issued in lieu of a P-ticket. Code violation tickets may also serve as complaints under the Village's system of administrative adjudication. A separate offense shall be deemed committed on each day during or on which a violation of this Code occurs or continues. Each day that the violation continues shall subject such person to an additional penalty of not less than $75 and not more than $750. No person shall be eligible to compromise and settle a claim as provided herein if such person has been found liable for or guilty of three or more ordinance violations within the 12 preceding months.
(3)
A P-ticket shall be issued only for certain offenses. The fines to
be collected upon the plea of guilty of a person charged with an ordinance
or Code violation by the P-ticket method shall be not less than $75
nor more than $750 for each offense unless otherwise provided by law.
A separate offense shall be deemed committed on each day during or
on which a violation of this Code occurs or continues. Each day that
the violation continues shall subject such person to an additional
penalty of not less than $75 and not more than $750.
E.
(Reserved)
F.
See the Table of Fees and Fines included as an attachment to this chapter.
