[Amended 6-7-2021 by Ord.
No. 764]
Except as otherwise provided, any person convicted of a violation
of any section or provision of this Code shall be fined a sum not
to exceed $750 for any one offense, and the person may be confined
in the Village or County jail for a period of not more than six months,
or be both so fined and imprisoned.
[Amended 10-7-1991 by Ord. No. 505; 11-18-1991 by Ord. No. 508; 10-4-1999 by Ord. No. 564; 12-20-2010 by Ord. No. 649; 6-7-2021 by Ord. No. 764]
A. Issuance.
(1) Any
officer or employee of the Village or any person or persons designated
by the President and Board of Trustees of the Village may issue an
ordinance violation citation to any person or persons accused of a
violation of one or more of the following sections of this Code:
Chapter
|
Title
|
Sections
|
---|
332, Art. III
|
Board of Trustees
|
|
519
|
Streets and Sidewalks
|
|
705
|
Vehicles and Traffic
|
|
905, Art. IV
|
Dangerous Buildings
|
|
972, Art. II
|
Plants and Weeds
|
|
1130
|
Health Regulations
|
|
1305, Art. I
|
Animals: Animal Control
|
|
1305, Art. II
|
Animals: Dog and Cats
|
|
1305, Art. III
|
Animals: Chickens
|
|
1311
|
Curfew
|
|
1328
|
Fireworks
|
|
1349, Art. I
|
Nuisances: Storage of Motor Vehicles, Appliances and Machinery
|
|
1355
|
Offenses
|
|
1359
|
Open Burning
|
|
1388
|
Tobacco and Nicotine Products
|
|
(2) Said
citation shall show the name and address of the accused offender and
the date, time and location of the offense on a form as approved from
time to time by the President and Board of Trustees. The citation
shall further designate the Code section violated and shall include
the issue or signature and date of issuance. Nothing in this section
shall be construed to require the issuance of any citation for any
alleged offense.
B. Settlement. Any alleged offender who receives such a citation may
settle and compromise the claim against him or her for such alleged
offense by paying the Village the sum of $150 within 14 days of the
date such citation was dated and received by the alleged offender.
The President and the Village Board shall be empowered to designate
a conspicuous place or places for such payments and to design or cause
to be designed citations for the convenient payment thereof.
C. Repeat offenses. In the event any alleged offender receives a citation accusing the alleged offender of any violation listed in Subsection
A of this section and having received one or more prior ordinance violation citations for the same offense within a period of 12 months, the fines for repeat offenses shall be doubled.
D. Failure to pay. In the event the alleged offender does not pay the
appropriate sum as required above within 14 days, the original sum
owed shall be doubled. In the event the alleged offender does not
pay the aforementioned doubled sum within an additional 14 days, the
entire sum shall be turned over to a collection agency chosen by the
Village to pursue collection of all amounts due and payable to the
Village.
The general 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. The citation procedures provided in this chapter shall be applicable to every subsection cited in §
100-20 of this article, the same as though it were a part of each of those separate subsections. Any person convicted of a violation of any section of this Code where any duty is prescribed or obligation imposed, or where any action which is of a continuing nature is forbidden or declared to be unlawful, shall be deemed guilty of a misdemeanor. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this Code.
[Added 6-7-2021 by Ord.
No. 764]
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:
A. 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.
B. 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.
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.
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 penalties specifically declared for such
breach, the provisions of this chapter shall apply.
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 Board of Trustees to impose such
fine or penalty on such officer or employee is specifically and clearly
expressed in the section creating the duty.