(A) General penalty.
(1) 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.
(2) Incarceration for misdemeanor. 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 village shall be required to establish guilt beyond a reasonable doubt.
(Prior Code, § 1-4-1)
(B) Application of provisions.
(1) Application of penalty. The penalty provided in this chapter shall be applicable to every section of this village code the same as though it were a part of each and every separate section.
(2) One judgment only. In all cases where the same offense is made punishable or is created by different clauses or sections of this village 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.
(3) 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 village code and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply.
(Prior Code, § 1-4-2)
(C) Liability of officers. No provision of this village 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 Village 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.
(Prior Code, § 1-4-3)
(D) Minor ordinance violations.
(1) Procedure. In order to more efficiently and reasonably administer minor violations of the ordinances of the village, the Board of Trustees hereby establishes an ordinance violations procedure.
(2) Issuance of tickets. In instances of minor violations, such as violation of building and health codes, minor traffic violations and animal and nuisance violations, and other minor ordinance violations, police officers of the village may issue an ordinance violation citation or ticket, hereinafter referred to as an “OVT,” for certain minor violations in lieu of arrest or the immediate prosecution in the Circuit Court of the state.
(3) Circumstances of issuance; exceptions.
(a) An OVT shall only be issued for village ordinance violations and those other than a violation involving circumstances in which an individual is accused of driving under the influence of alcohol or illegal drugs, circumstances in which an individual is accused of driving more than 15 mph over the applicable speed limit, and circumstances posing a threat to the safety of the community.
(b) An OVT shall not be issued to any individual who has previously been issued an OVT for the same ordinance violation within the preceding six-month period.
(c) An OVT shall only be issued in instances in which the individual accused of an ordinance violation cooperates fully with the police officers and/or in the relevant investigation of the alleged ordinance violation.
(4) Claim settlement procedures.
(a) When an OVT is issued, the individual may settle and compromise the claim by paying to the Village Clerk a fine in the amount of $50 within ten days of the date of issuance of the OVT.
(b) When compliance with an ordinance is required, the person accused shall satisfy the proper village authorities that compliance has been met and completed within said ten-day period.
(5) Failure to comply.
(a) In the event that payment of the aforesaid $50 fine and the compliance as required are not accomplished within the said ten-day period, the applicable fine shall be increased to the amount of $75 for the period beginning on the eleventh day and including the thirtieth day after issuance of the OVT. The offender shall have until the close of business on the thirtieth day to satisfy the $75 charge and comply with the terms of the applicable ordinance.
(b) If the person accused of said violation does not settle the charge, including payment of the fine and compliance to the requirements of the ordinance by the thirtieth day, a complaint shall be filed in the Circuit Court of Macoupin County, Illinois, for said violation. The offender shall be subject to fines, penalties, and court costs as fully set forth in the applicable sections and provisions of the ordinance violated, together with the statutes in such case made and provided of the state.
(Prior Code, § 1-4-4)
(Ord. 575, passed 12-6-1999; Ord. 627, passed 5-24-2004)
Statutory reference:
Penalty, see 65 ILCS 5/1-2-1 and 5/1-2-1.1