[2003 Code]
A.
General Penalty Imposed: Unless specifically provided elsewhere in
this Code or state statute, any person found to have been in violation
of any of the terms and provisions of this Code shall be fined in
an amount not to exceed $750. No imprisonment for failure to pay such
fine, penalty or cost shall exceed six months for each offense. Each
day that a violation continues shall be deemed to be a separate offense.
A penalty for each offense may include a requirement that the offending
party perform some reasonable public service work such as, but not
limited to, picking up litter in public parks or upon public highways
or performing maintenance of public facilities. A violation hereof
may be established by a preponderance of the evidence.
B.
Acts Consistent With Criminal Laws Of State: If, by the terms of
an ordinance, an act that would be consistent with the criminal laws
of the state is declared to be a misdemeanor, the penalty therefor
shall be for a period of incarceration in a penal institution other
than the penitentiary not to exceed six months. The matter shall be
prosecuted under the rules of criminal procedure of the state, and
the City shall be required to establish guilt beyond a reasonable
doubt.
[1]
Editor's Note: See 65 ILCS 5/1-2-1, 1-2-1.1.
[1975 Code § 1.06; amended by 2003 Code]
The person upon whom any fine or penalty is imposed for violation
of any provision of this Code or any ordinance of the City, upon order
of the court before whom the conviction is had, may be committed to
the county jail as provided by law, or to any other place provided
by ordinance for the incarceration of offenders until the fine, penalty,
and costs are fully paid. No imprisonment, however, shall exceed six
months for any one offense.
[Ord. 09-11-03-10, 11-16-2009; amended by Ord. 10-01-01-10, 1-4-2010; Ord. 11-08-02-70, 8-1-2011; Ord. 14-03-01-70, 3-3-2014; Ord. 14-11-01-70, 11-17-2014; Ord. 16-09-01-70, 9-6-2016; Ord. 16-09-02-70, 9-6-2016; 1-6-2020 by Ord. No. 20-01-01-70; 5-4-2020 by Ord. No. 20-05-02-99; 8-2-2021 by Ord. No. 21-08-01-70]
A.
Citation procedures: The Police Chief and all other officers may issue citations for violations of sections of this Code hereinafter specified. The citation form will inform the alleged violator of the opportunity to settle the violation by paying the amount specified herein. Settlement payment may be made in person at the Le Roy City Hall, Monday through Friday, 7:00 a.m. to 4:00 p.m., or by mail after the issuance of each such citation. If an alleged violator has not settled such charges as specified herein, a complaint of an ordinance violation for each charge on the citation will be filed in the Circuit Court of McLean County by one or more legal representatives of the City in accordance with this Code and the policies of the City concerning prosecution of ordinance violations. The penalty for each such violation shall be as provided in Section 1-4-1 of this chapter.
B.
Resolving citation charges: To settle charges in this manner, each
alleged violator must make payment in person or by mail in the amount(s)
shown on the citation to the City of Le Roy within 15 calendar days
of the date the citation was issued. Payment may be made in person
by cash, money order, or check; by mail it may be made by money order
or check. Making a settlement payment as provided in this section
shall operate as a release of the City, its employees and agents,
from any and all claims of any variety associated with the violation
or the events surrounding the issuance of the citation against the
person. The information associated with the case may be used in administrative
or judicial litigation against other parties. Violations which may
be charged and the penalties for the same, all of which may be resolved
in the manner previously set forth herein, are as follows:
|
Offenses
|
Code Section
|
First Offense
|
Second Offense
|
Third And Subsequent Offenses
| |
|---|---|---|---|---|---|
|
1.
|
Disorderly Conduct:
| ||||
|
Making, aiding, or assisting another person in making any improper
noise, riot, disturbance, breach of the peace, or diversion tending
to a breach of the peace
|
§ 5-2-1A
|
$100
|
$150
|
$200
| |
|
Engaging in or aiding or abetting any fight, quarrel, or other
disturbance
|
§ 5-2-1B
|
$100
|
$150
|
$200
| |
|
Disturbing a religious service, funeral, public or private meeting,
place of amusement, or lawful assembly of persons
|
§ 5-2-1C
|
$750
|
$750
|
$750
| |
|
Using any obscene, profane, threatening or inciting language
in any public place
|
§ 5-2-1D
|
$50
|
$75
|
$100
| |
|
Public intoxication
|
§ 5-2-1F
|
$100
|
$150
|
$200
| |
|
Public urination
|
§ 5-2-1G
|
$50
|
$100
|
$150
| |
|
Illegal discharge of firearm or hunting
|
§ 5-2-2A
|
$750
|
$750
|
$750
| |
|
Unlawful use of weapons
|
§ 5-2-2B
|
$750
|
$750
|
$750
| |
|
Illegal sale or use of fireworks
|
§ 5-2-3
|
$100
|
$150
|
$200
| |
|
Illegal fire
|
§ 5-2-4
|
$50
|
$100
|
$150
| |
|
Illegal fence
|
§ 5-2-5
|
$100
|
$150
|
$200
| |
|
Disturbing the peace
|
§ 5-2-6
|
$100
|
$150
|
$200
| |
|
Littering
|
§ 5-2-7
|
$75
|
$100
|
$150
| |
|
Polluting the air or any watercourse by excessive discharge
of waste products or foreign matter
|
§ 5-2-8
|
$200
|
$200
|
$200
| |
|
Keeping, maintaining, frequenting, being an inmate of, connected
with, or contributing to the support of a disorderly house or house
of ill fame or any other place used for the practice of fornication
or adultery
|
§ 5-2-9
|
$750
|
$750
|
$750
| |
|
Exhibiting, selling or offering to sell any obscene or immoral
publication, printed matter, pictures or illustrations
|
§ 5-2-10
|
$200
|
$200
|
$200
| |
|
Smoking prohibited
|
§ 5-2-12B
|
$50
|
$100
|
$150
| |
|
Sale of alcohol to a minor
|
§ 5-2-13A
|
$250
|
$500
|
$750
| |
|
Sale of alcohol to a minor with false ID
|
§ 5-2-13B
|
$50
|
$100
|
$150
| |
|
Sale of alcohol to a minor: Purchasing a beverage for, or gives
an alcoholic beverage to a minor
|
§ 5-2-13C
|
$250
|
$500
|
$750
| |
|
Possession of drug paraphernalia
|
§ 5-2-14B
|
$250
|
$500
|
$750
| |
|
Possession of more than 10 grams of a substance containing cannabis
|
§ 5-2-15
|
$250
|
$500
|
$750
| |
|
Possession of between 30 and 100 grams of a substance containing
cannabis
|
§ 5-2-15
|
$500
|
$600
|
$750
| |
|
Curfew hours violation
|
§ 5-3-1
|
$100
|
$100
|
$100
| |
|
2.
|
Dogs, Cats And Other Animals:
| ||||
|
Cruelty
|
§ 5-1-2A
|
$200
|
$250
|
$300
| |
|
Keeping dangerous animals
|
§ 5-1-2B
|
$200
|
$250
|
$300
| |
|
Failure to restrain a dangerous or vicious animal by leash and
muzzle off the owner's premises
|
§ 5-1-2B1
|
$200
|
$250
|
$300
| |
|
Failure to post warning signs for dangerous or vicious animals
|
§ 5-1-2B2
|
$200
|
$250
|
$300
| |
|
Noisy animal
|
$50
|
$75
|
$100
| ||
|
Strays running at large
|
§ 5-1-2H
|
$100
|
$150
|
$200
| |
|
Diseased animals
|
§ 5-1-2J
|
$200
|
$250
|
$300
| |
|
Unclean or unwholesome housing
|
§ 5-1-2K
|
$100
|
$150
|
$200
| |
|
Failure to obtain license for dogs and cats
|
§ 5-1-2L
|
$100
|
$150
|
$200
| |
|
Failure to restrain animals off premises
|
§ 5-1-2M
|
$100
|
$150
|
$200
| |
|
Biting animal
|
§ 5-1-2Q
|
$200
|
$250
|
$300
| |
|
Failure to remove and clean up animal excreta from public or
private property
|
§ 5-1-2R
|
$100
|
$150
|
$200
| |
|
Failure to give rabies inoculation
|
§ 5-1-2S
|
$100
|
$150
|
$200
| |
|
Dogfighting
|
§ 5-1-7
|
$200
|
$250
|
$300
| |
|
Possession of certain animals prohibited
|
§ 5-1-8A
|
$100
|
$200
|
$300
| |
|
Sale, lease or transfer of prohibited animals
|
§ 5-1-8B
|
$100
|
$200
|
$300
| |
|
Harboring more animals than allowed
|
§ 5-1-8C
|
$100
|
$200
|
$300
| |
|
Farm animals prohibited
|
§ 5-1-8D
|
$100
|
$200
|
$300
| |
|
Public display of certain animals to cause fear or apprehension
of bodily harm
|
§ 5-1-8E
|
$100
|
$200
|
$300
| |
|
Abusing, beating or cruelly injuring any animal or bird
|
§ 5-2-1E
|
$200
|
$200
|
$200
| |
|
3.
|
Parks And Recreation Areas:
| ||||
|
Permitting a domesticated animal to run at large in a park or
recreation area
|
§ 5-1-1
|
$200
|
$200
|
$200
| |
|
Camping prohibited in any City park except Howard Virgin
|
§ 7-4-1A1
|
$50
|
$100
|
$150
| |
|
Illegal campfire or fire of any other nature in a park or recreation
area
|
§ 7-4-1B
|
$100
|
$150
|
$200
| |
|
Failing to properly attend and supervise a campfire or fire
of any other nature, in a place where such fire is permitted, in a
park or recreation area
|
§ 7-4-1B
|
$100
|
$150
|
$200
| |
|
Swimming or boating in a prohibited area
|
§ 7-4-1D
|
$50
|
$50
|
$50
| |
|
No fishing with specified apparatus
|
§ 7-4-1E1
|
$50
|
$100
|
$150
| |
|
Fishing limits
|
§ 7-4-1E2
|
$50
|
$100
|
$150
| |
|
No vehicle allowed
|
§ 7-4-1F1
|
$50
|
$100
|
$150
| |
|
Vehicle speed limit in any City park
|
§ 7-4-1F2
|
$50
|
$100
|
$150
| |
|
No vehicle, horse, ATV or bicycle on park trails
|
§ 7-4-1F3
|
$50
|
$100
|
$150
| |
|
Throwing, leaving, or depositing of tin cans, bottles, or any
other trash or refuse, other than in a properly designated trash container,
in a park or recreation area
|
§ 7-4-1G
|
$75
|
$100
|
$150
| |
|
Failure to remove animal feces in a park or recreation area
after using such park or recreation area as an exercise area for a
domesticated animal
|
§ 7-4-1H2
|
$100
|
$150
|
$200
| |
|
No fireworks in any City park or recreation area
|
§ 7-4-11
|
$50
|
$100
|
$150
| |
|
Possession or use of firearms, BB guns, slingshots, bows and
arrows, weapons or missiles of any nature in City parks
|
§ 7-4-1J
|
$200
|
$200
|
$200
| |
|
Illegal consumption of alcoholic beverages of any kind in a
park or recreation area
|
§ 7-4-1K
|
$300
|
$300
|
$300
| |
|
Illegal transportation of alcoholic beverages of any kind within
a park or recreation area
|
§ 7-4-1K
|
$300
|
$300
|
$300
| |
|
Illegal possession of alcoholic beverages of any kind in a park
or recreation area
|
§ 7-4-1K
|
$300
|
$300
|
$300
| |
|
Molesting, damaging, cutting or trimming, or other misuse of
trees or shrubs in a park or recreation area
|
§ 7-4-1L1
|
$200
|
$200
|
$200
| |
|
No damage or tampering with picnic tables in Howard Virgin Park
|
§ 7-4-1L2
|
$50
|
$100
|
$150
| |
|
Being in a park or recreation area after hours
|
§ 7-4-2
|
$100
|
$150
|
$200
| |
|
4.
|
Traffic:
| ||||
|
Provisions of the Illinois vehicle code, as incorporated by
reference into Title 6 of this Code
|
§ 6-1-1
|
$75
|
$75
|
$75
| |
|
Obstructing an intersection
|
§ 6-2-1
|
$50
|
$100
|
$150
| |
|
Obeying a stop sign
|
§ 6-2-2C1
|
$50
|
$100
|
$150
| |
|
Obeying a yield sign
|
§ 6-2-2C2
|
$50
|
$100
|
$150
| |
|
Speed limits on City streets
|
§ 6-2-3A1
|
$50
|
$100
|
$150
| |
|
Speed limits on City alleys
|
§ 6-2-3A2
|
$50
|
$100
|
$150
| |
|
Speed limits in school zones
|
§ 6-2-3A3
|
$100
|
$200
|
$300
| |
|
Speed limits in special marked areas
|
§ 6-2-3B
|
$50
|
$100
|
$150
| |
|
Illegal U-turn
|
§ 6-2-4
|
$75
|
$75
|
$75
| |
|
Driving through a procession
|
§ 6-2-6A
|
$100
|
$200
|
$300
| |
|
Driving in a procession
|
§ 6-2-6B
|
$50
|
$100
|
$150
| |
|
Funeral procession
|
§ 6-2-6C
|
$50
|
$100
|
$150
| |
|
No procession permit
|
§ 6-2-6D
|
$50
|
$200
|
$350
| |
|
Illegal use of coasters, roller skates and similar devices
|
§ 6-2-7
|
$75
|
$75
|
$75
| |
|
Driving a commercial vehicle on a street or alley other than
for a legal purpose and not on a commercial vehicle route
|
§ 6-2-8
|
$75
|
$75
|
$75
| |
|
Driver of any motor vehicle within the City operating or permitting
the operation of a sound amplification system which can be heard outside
the vehicle from a point 75 or more feet away when the vehicle is
being operated upon a highway in the City
|
§ 6-2-9
|
$75
|
$75
|
$75
| |
|
Operation of golf cart or other nonhighway vehicle on City street
without a permit
|
§ 6-2-10
|
$100
|
$150
|
$200
| |
|
Illegal parking in "no parking" zones
|
§ 6-3-1
|
$25
|
$50
|
$75
| |
|
Illegally parking in an alley
|
§ 6-3-2A
|
$25
|
$50
|
$75
| |
|
Illegally parking vehicle for sale
|
§ 6-3-2B
|
$25
|
$50
|
$75
| |
|
Illegal parking
|
§ 6-3-2C
|
$25
|
$50
|
$75
| |
|
Illegal parking in a space for persons with disabilities
|
§ 6-3-3
|
$250
|
$250
|
$250
| |
|
Loading zone violations
|
§ 6-3-4
|
$50
|
$100
|
$150
| |
|
Time limit parking
|
§ 6-3-5A
|
$25
|
$50
|
$75
| |
|
Snow route - no parking during restricted times
|
§ 6-4-3A
|
$50
|
$100
|
$150
| |
|
Snow route - other parking during restricted times
|
§ 6-4-3B
|
$50
|
$100
|
$150
| |
|
Provisions of the snowmobile registration safety act, as incorporated
by reference into Title 6 of this Code
|
§ 6-5-1
|
$75
|
$100
|
$150
| |
|
Illegal registration or illegal use of a snowmobile
|
$75
|
$100
|
$150
| ||
|
5.
|
Minors:
| ||||
|
Purchase, acceptance, or consumption of alcoholic liquor by
a person under the age of 21 years
|
§ 3-3-22
|
$200
|
$200
|
$200
| |
|
Sale, barter, exchange or gift of cigarettes to any person under
the age of 21 years within the corporate limits of the City
|
§ 3-4-6
|
$200
|
$200
|
$200
| |
|
6.
|
Nuisances:
| ||||
|
Public indecency
|
§ 4-1-4F
|
$50
|
$100
|
$150
| |
|
Permitting any weeds, such as jimson, burdock, ragweed, cocklebur,
or other weeds of a like kind, to grow or remain on any lot or tract
of land in the City
|
§ 4-3-1
|
$75
|
$125
|
$175
| |
|
Permitting any grass, weeds or plants, other than trees, bushes,
flowers, or other ornamental plants, to grow to a height exceeding
8 inches anywhere in the City
|
§ 4-3-2
|
$75
|
$125
|
$175
| |
|
Planting or permitting to grow a bush or shrub commonly known
as the "tall, common, or European barberry, also known as Barberis
vulgaris, or any of its horticultural varieties", within the City
|
§ 4-3-3
|
$75
|
$125
|
$175
| |
|
Open fires
|
§ 4-4-2
|
$250
|
$500
|
$750
| |
|
Private property nuisance
|
§ 4-5-1
|
$50
|
$100
|
$150
| |
|
Unsheltered storage of 1 or more vehicles, including snowmobiles
and watercraft (all sorts)
|
§ 4-5-2B1
|
$75
|
$125
|
$175
| |
|
Unsheltered storage of machinery, implements, and/or equipment
and personal property of any kind no longer safely usable for the
purpose for which it was manufactured, said unsheltered storage being
for a period of 15 days or more
|
§ 4-5-2B1
|
$75
|
$125
|
$175
| |
|
Unsheltered parking of any trailer, wagon, or similar vehicle
15 or more days (or in excess of 120 days if used as temporary storage
for a construction project on the premises)
|
§ 4-5-2B2
|
$75
|
$125
|
$175
| |
|
7.
|
Business:
| ||||
|
No liquor license
|
§ 3-3-3
|
$250
|
$500
|
$750
| |
|
Failure to post license
|
§ 3-3-13
|
$50
|
$100
|
$150
| |
|
Outdoor sales and service violation
|
§ 3-3-17
|
$50
|
$100
|
$150
| |
|
Premises sanitation violation
|
§ 3-3-18A
|
$50
|
$100
|
$150
| |
|
Diseased worker
|
§ 3-3-18B
|
$250
|
$500
|
$750
| |
|
Hours of operation violation
|
§ 3-3-19
|
$250
|
$500
|
$750
| |
|
Underage on premises
|
§ 3-3-20
|
$50
|
$100
|
$150
| |
|
Underage employment
|
§ 3-3-21
|
$100
|
$200
|
$300
| |
|
Sale/serve to anyone under the age of 21
|
§ 3-3-22A
|
$100
|
$200
|
$300
| |
|
Sale to motor vehicle
|
§ 3-3-22B
|
$100
|
$200
|
$300
| |
|
Leaving with an open container
|
§ 3-3-22C
|
$100
|
$200
|
$300
| |
|
Possession during prohibited hours
|
§ 3-3-22D
|
$100
|
$200
|
$300
| |
|
Gambling
|
§ 3-3-22E
|
$100
|
$200
|
$300
| |
|
Disorderly conduct in or around a licensed facility
|
§ 3-3-22F
|
$100
|
$200
|
$300
| |
|
Peddling alcoholic liquor in the City
|
§ 3-3-22G
|
$250
|
$500
|
$750
| |
|
Soliciting drinks
|
§ 3-3-22H
|
$100
|
$200
|
$300
| |
|
Open container in public
|
§ 3-3-22I
|
$100
|
$200
|
$300
| |
|
Possession/consumption by an underage person
|
§ 3-3-22J
|
$100
|
$200
|
$300
| |
|
License facility considered a nuisance
|
§ 3-3-26
|
$100
|
$200
|
$300
| |
|
Failure to acquire a tobacco dealer's license
|
§ 3-4-2
|
$250
|
$500
|
$750
| |
|
8.
|
Sewer and Water:
| ||||
|
Prohibited discharge (new construction only)
|
§ 8-4-6A1c
|
$0
|
$200
|
$300
| |
[1975 Code § 1.06; amended by 2003 Code]
A.
Application Of Penalty:
1.
The penalty provided in this chapter shall be applicable to every
section of this Code the same as though it were a part of each and
every separate section.
2.
The penalty provided by this chapter applies to the amendment of
any section of this Code or a code adopted herein by reference whether
or not such penalty is reenacted in the amendatory ordinance.
3.
Reference to a section of this Code shall be understood also to refer
to and include the penalty section relating thereto, unless otherwise
expressly provided.
B.
Acts Punishable Under Different Sections: 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, 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.
C.
Breach Of Provisions: Whenever 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 specifically declared
for such breach, the provisions of this chapter shall apply.
[1975 Code § 1.07; amended by 2003 Code]
A.
Liability For Acts: Every person concerned in the commission of an
act prohibited by this Code, whether he directly commits the act,
or prosecutes, counsels, aids, or abets in its commission, may be
prosecuted and, on conviction, is punishable as if he had directly
committed such act.
B.
Liability Of Officers: 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 for
a failure to perform such duty, unless the intention of the City Council
to impose such fine or penalty on such officer or employee is specifically
and clearly expressed in the section creating the duty.
[Added 2-6-2023 by Ord. No. 23-02-01-10]
Any person who presents an insufficiently funded check to the
City, or any of its departments, shall be assessed an additional charge
of $30 for every insufficiently funded check presented.
