A. General Penalty Imposed:
1. Fine; Imprisonment: Unless specifically provided elsewhere in this Code, any person found to have been in violation of any of the terms and provisions of this Code shall be fined in the amount not less than seventy five dollars ($75.00) and not exceeding one thousand dollars ($1,000.00). No imprisonment for failure to pay such fine, penalty or cost shall exceed six (6) months for each offense. Each day that a violation continues shall be deemed to be a separate offense. (Ord. 2019-07, 2-11-2019)
2. Conditional Discharge; Court Supervision; Restitution: In addition to a fine described in subsection A1 of this section, the Circuit Court may impose a period of conditional discharge as defined in 730 Illinois Compiled Statutes 5/5-1-4 or court supervision as defined in 730 Illinois Compiled Statutes 5/5-1-21 of the Criminal Code for a period of up to six (6) months, an order of restitution, an order to perform community service, an order to complete an education program and/or any other appropriate penalties or conditions authorized in any section of this Code or stand alone ordinance or any conditions for conditional discharge set forth in 730 Illinois Compiled Statutes 5/5-6-3 or for court supervision in 730 Illinois Compiled Statutes 5/5-6-3.1 as the foregoing are amended from time to time.
3. Education Program:
a. A penalty imposed for violation of any provision of this Code may include or consist of a requirement that the defendant 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 subsection.
b. A low income individual required to complete an education program under subsection A3a of 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 35 Illinois Compiled Statutes 5/212 shall not be required to pay any fee for participating in a required education program.
4. Additional Remedies: The appropriate authorities of the Village may take such other action as they deem proper to enforce the terms and provisions of this Code including, without limitation, an action at law or in equity to compel compliance with its terms.
5. Costs And Fees: Any person violating the terms or provisions of this Code shall be subject, in addition to the penalties set out in this subsection, to the payment of court costs and reasonable attorney fees.
6. Default In Payment: A default in the payment of a fine or any installment of a fine may be collected by any means authorized for the collection of monetary judgments. The Village Attorney may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine or installment of that fine. Any fees or costs incurred by the Village with respect to attorneys or private collection agents retained by the Village Attorney under this subsection shall be charged to the offender. (Ord. 2012-17, 4-9-2012)
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 a penitentiary not to exceed six (6) months. The matter shall be prosecuted under the rules of criminal procedure of the State, and the Village shall be required to establish guilt beyond a reasonable doubt.
C. Limitation; Compliance With Statute: The provisions of subsection A of this section notwithstanding, no penalty shall be greater than that established by state statute for the same offense. (2012 Code)
Notes
| 1 | 1. 65 ILCS 5/1-2-1, 5/1-2-1.1. |