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 an amount not less than one hundred dollars ($100) but not exceeding seven hundred fifty dollars ($750.00). 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.
2. Additional Penalties: In addition to the 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, 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. 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 A, to the payment of court costs and reasonable attorney fees.
4. 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 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 under this subsection shall be charged to the offender.
B. Acts Consistent With Criminal Laws Of State: If, by the terms of this code or any 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, and 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. This subsection shall not apply to village code provisions adopted pursuant to 65 Illinois Compiled Statutes 5/11-5-1, 5/11-5-2, 5/11-5-3, 5/11-5-4, 5/11-5-5, 5/11-5-6, 5/11-40-1, 5/11-40-2, 5/11-40-3, 5/11-80-9 and 5/11-80-16.
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.(2013 Code § 1-4-1; amd. 2016 Code; Ord. O-23-05, 2- -2023)