[Adopted as Ch. 1, §§ 1-10 through 1-13; Ch.
2, § 2-69 of the 1973 Code]
[Amended 11-6-2018 by Ord. No. 18-6]
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 11-6-2018 by Ord. No. 18-6]
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]
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provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.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 11-6-2018 by Ord.
No. 18-6]
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.
