A. Illinois Vehicle Code Adopted By Reference:
1. The Illinois vehicle code with amendments thereto made from time to time by the state legislature, is hereby adopted in its entirety, and made a part of this chapter by reference 1 .
2. Any person who is convicted of the equivalent of any provision of the Illinois vehicle code, except 625 Illinois Compiled Statutes 5/11-501, driving while under the influence of alcohol, other drug, or combination thereof, shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense 2 .
3. Any person convicted of the equivalent of 625 Illinois Compiled Statutes 5/11-501, driving under the influence, except as provided under subsection (d) of 625 Illinois Compiled Statutes 5/11-501, shall be sentenced as a class A misdemeanor and shall be subject to the fines and penalties provided for in 625 Illinois Compiled Statutes 5/11-501.
4. All other traffic related offenses which do not have an Illinois vehicle code equivalent shall be prosecuted as an ordinance violation pursuant to the provisions of 65 Illinois Compiled Statutes 5/1-2-1.
5. All adopted state traffic laws written under local ordinance shall be referred to as 625 Illinois Compiled Statutes and the "local ordinance" box on the uniform citation shall be denoted. All other traffic related offenses not having a state equivalent shall be written up under local ordinance codes as specified by city ordinance resolutions. (Ord. 86-13, 5-19-1986)
B. Issuance Of Citations ("O" Tickets):
1. Applicable Sections: Whenever a police officer is authorized to arrest a person without a warrant because of a violation of any section or provision of this code in respect to any of the following sections:
IVC Section
| Description
| Fine
|
IVC Section
| Description
| Fine
|
5/11-1406 | Obstruction to driver's view | $20.00 |
5/11-1407 | Improper opening of door into traffic | 20.00 |
5/11-1410 | Coasting on downgrade | 20.00 |
5/11-1411 | Following fire apparatus | 20.00 |
5/12-101 | Unsafe motor vehicle | 20.00 |
5/12-201(a) | Driving without lighted lamp (motorcycle) | 20.00 |
5/12-201(b) | Driving without lights when required | 20.00 |
5/12-201(b) | No taillights | 20.00 |
5/12-201(b) | No red taillight | 20.00 |
5/12-201(b) | Only one red taillight | 20.00 |
5/12-201(c) | No rear registration light | 20.00 |
5/12-205.1 | No lights when required (specific vehicle) | 20.00 |
5/12-208 | No signal lamp or device | 20.00 |
5/12-211 | Improper lighting | 20.00 |
5/12-212 | Illegal lights (red or flashing) | 20.00 |
5/12-215 | Illegal use of oscillating, rotating, or flashing lights | 20.00 |
5/12-301 | Defective or no brakes | 20.00 |
5/12-401 | Use of illegal tires (studs) | 20.00 |
5/12-405(c) | Use of unsafe tire | 20.00 |
5/12-501 | No safety glass | 20.00 |
5/12-502 | Mirrors | 20.00 |
5/12-503(a,c,e) | Obstruction of driver's view | 20.00 |
5/12-503(d) | No windshield wiper or cleaning device | 20.00 |
5/12-601 | Defective horn | 20.00 |
5/12-602 | Muffler (load; excessive noise; no muffler) | 20.00 |
5/12-603 | No seat belts | 20.00 |
5/12-606 | Tow trucks (identification) | 20.00 |
5/12-607 | Vehicle suspension system | 20.00 |
5/12-608 | Vehicle bumpers - first division vehicles | 20.00 |
5/12-608(a) | Vehicle bumpers - second division vehicles | 20.00 |
5/12-610 | Wearing headset receiver while driving | 20.00 |
5/12-702(a) | No flags, flares, warning devices carried | 20.00 |
5/12-702(c) | No flags, flares, warning devices displayed | 20.00 |
5/12-703 | Dripping oil on roadway | 20.00 |
5/12-704 | Improper or no equipment markings (explosive carrier) | 20.00 |
5/12-704.1 | Improper or no equipment markings (radioactive carrier) | 20.00 |
5/12-705 | Flammable carrier | 20.00 |
5/12-710 | Inadequate or no splashguards | 20.00 |
5/13-111 | No valid safety test | 20.00 |
Municipal Code Section | Description | Fine |
Municipal Code Section | Description | Fine |
5-2-1-1 | Disorderly conduct | $25.00 |
5-2-1-7 | Firearms and weapons | 25.00 |
5-2-3-1 | Theft | 25.00 |
5-2-3-8 | Throwing missiles | 25.00 |
5-2-4-1 | Fireworks | 25.00 |
6-8-5 | Walking along roadways | 20.00 |
6-8-6 | Soliciting rides or business | 20.00 |
6-9-2 | Bicycle riding regulations | 20.00 |
6-9-3 | Lamps and other equipment on bicycles | 20.00 |
8-3-17C1 | Pollution of property | 50.00 |
said police officer may, in lieu of the filing of a complaint in court, in the first instance issue to such alleged violator a citation:
a. Advising said person that he has violated a specified ordinance;
b. Requesting him to make payment in an amount applicable to said alleged violation as set forth above as settlement of said violation claim; and
c. Informing him that upon failure to so settle, a complaint will be filed in the circuit court of Kane County charging him with such violation. (Ord. 07-37, 4-2-2007)
2. Settlement: Pursuant to said citation, the person so accused of said violation may settle and compromise the violation claim in respect to such code violation by paying to the municipality the applicable amount as shown in the schedule set forth as the settlement amount in subsection B1 of this section, within a period to be specified in said citation, not more than ten (10) days of the time said alleged offense was committed.
Such payment shall be made in accordance with the instructions contained in the aforesaid citation, at the police department, which shall issue a receipt for the money so received and promptly remit said amount to the city treasurer to be credited to the proper municipal fund.
3. Final Notice, Penalty: In the event that the person to whom said citation is issued fails to settle and pay said violation within the time specified in the citation, a final notice shall be mailed to him. When, in fact, the final notice has been mailed, the violation may then be settled and compromised by paying the amount set forth in the schedule in subsection B1 of this section plus five dollars ($5.00) within the time specified in the final notice.
4. Issuance Of Complaint: In the event that the person to whom the citation is issued fails to settle and pay said violation claim within the time specified in the final notice (if one is served or mailed to him), then the police officer is authorized to cause the citation (notice to appear - "O" ticket) to be served upon said alleged violator and is authorized to file the same as a complaint in the circuit court of Kane County and prosecute the same. The officer, as an alternative, may file a formal complaint in the circuit court of Kane County in lieu of the citation.
5. Court Penalty, Settlement Before Court Date: In the event that payment is not made within the time prescribed in the final notice and the citation or a complaint is filed in the circuit court, payment of any fine and costs shall be in such amounts as may be determined and established by the circuit court, but not to exceed the sum of five hundred dollars ($500.00) for any one violation; provided, that the offenses may be settled and compromised for the amount specified in the notice to appear at least three (3) working days before the court date. Such amount shall be the amount set forth in the schedule set forth in subsection B1 of this section plus five dollars ($5.00), plus court costs.
6. Correction Of Violation: The payment of an amount as settlement herein will not excuse securing of and the payment of a license fee provided for in this code or correction of the violation. (Ord. 84-7, 2-20-1984)
Notes
| 1 | 1. 625 ILCS 5/20-204. |
| 2 | 1. 65 ILCS 5/1-2-1. |