City of Waverly, IL
Morgan County
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[Adopted as Ch. 1, §§ 1-10 through 1-13; Ch. 2, § 2-69 of the 1973 Code]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Whenever in this Code or in any other ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punished by a fine not exceeding $750. A separate offense shall be deemed committed upon each day during or on which a violation of any provision of this Code or of any other City ordinance occurs or continues.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Whenever in this Code or any other City ordinance a minimum but not a maximum fine or penalty is imposed, the court may in its discretion fine the offender any sum exceeding such minimum fine or penalty so fixed, but not exceeding $750.
In all cases where the same offense is made punishable or is created by different clauses or sections of this Code or any other City ordinance, the prosecuting officer may elect under which to proceed, but 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.
The person upon whom any fine or penalty is imposed, upon order of the court before which the conviction is had, may be imprisoned until the fine, penalty and costs are paid. No imprisonment, however, shall exceed six months for any one offense.[1]
[1]
Editor's Note: Original Sec. 1-13 of the 1973 Code, Working of prisoners; credit against fine and costs, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In case of the amendment by the City Council of any section of this Code for which a penalty is not provided, the general penalty as provided in §§ 1-17 and 1-18 of this article shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In accordance with 65 ILCS 5/1-2-1:
A. 
A penalty imposed for violation of an ordinance may include, or consist of, a requirement that the defendant do one or both of the following:
(1) 
Complete an education program, except that a holder of a valid commercial driver's license who commits a vehicle weight or size restriction violation shall not be required to complete an education program under this section.
(2) 
Perform some reasonable public service work such as but not limited to the picking up of litter in public parks or along public highways or the maintenance of public facilities.
B. 
A default in the payment of a fine or penalty or any installment of a fine or penalty may be collected by any means authorized for the collection of monetary judgments. The City Attorney may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine or penalty or installment of that fine or penalty. Any fees or costs incurred by the City with respect to attorneys or private collection agents retained by the City Attorney under this subsection shall be charged to the offender.
C. 
A low-income individual required to complete an education program under this section who provides proof of eligibility for the federal earned income tax credit under Section 32 of the Internal Revenue Code or the Illinois earned income tax credit under Section 212 of the Illinois Income Tax Act (35 ILCS 5/212) shall not be required to pay any fee for participating in a required education program.