(A) Procedure of police officers. A police officer who halts a person for a violation of any provisions of this subchapter, other than for the purpose of giving him or her a warning, warning notice, or preliminary citation as provided hereafter, shall take the name and address of the person, and other pertinent information as may be necessary, and shall issue to him or her in writing on a form provided by the village a citation containing a notice to answer to the charge against him or her before the proper court.
(B) Disposition of citations.
(1) Every police officer upon issuing a citation to an alleged violator of any provisions of this subchapter shall deliver the original citation to his or her immediate superior officer, who shall cause the original to be delivered to the proper court in the event the citation has not been settled as herein provided.
(2) Upon the filing of the original citation with the proper court, the citation may be disposed of only by trial or by other official action, including forfeiture of bail or by payment of a fine.
(3) It shall be unlawful and official misconduct for any member of the Police Department or other officer or public employee or for any other person to dispose of, alter or deface a citation or any copy thereof, or the record of the issuance or disposition of any citation, complaint or warrant.
(C) Complaint; failure to obey.
(1) Citation as complaint for prosecution. The citation when filed shall be deemed to be a lawful complaint for the purpose of prosecution under this subchapter.
(2) Failure to obey citation. It shall be unlawful for any person to violate the command of a citation duly issued him or her by a police officer regardless of the disposition of the charge for which the citation was originally issued.
(D) Citation procedure.
(1) Whenever a police officer is authorized to give a citation to a person because of a violation of this subchapter the police officer may, in lieu of the filing of a complaint in court, in the first instance issue to the alleged violator, a preliminary citation:
(a) Advising the person that he or she has violated a specified portion of this subchapter;
(b) Requesting him or her to make payment in any amount applicable to the alleged violation as set forth herein as settlement of the violation claim and to cease said alleged violation; and
(c) Informing him or her that upon failure to so settle, a complaint will be filed in the Circuit Court of Cook County, charging him or her with the violation.
(2) (a) Pursuant to the preliminary citation, the person so accused of the violation may settle the violation claim in respect of such portion of this subchapter by paying to the village the applicable amount as shown in the schedule set forth herein, within a period to be specified in the preliminary citation, not more than 30 days of the time said alleged offense was committed.
(b) The payment shall be made in accordance with the instructions contained in the aforesaid citation, at the office of the Police Department which shall issue a receipt for the money so received and promptly remit said amount to the Village Treasurer to be credited to the proper municipal fund.
(3) In the event that the person to whom the preliminary citation is issued fails to settle and pay the violation claim within the prescribed time, or within a period of time specified in a final notice (if one is served upon him or her), then the police officer is authorized to cause a notice to appear to be served upon the alleged violator and is authorized to file a complaint and to prosecute the same in the Circuit Court of Cook County.
(4) The violation claim described in the preliminary citation so to be issued pursuant to the terms of this subchapter, may be settled and paid in the respective amounts set forth in the following schedule:
(a) In the event that the payment is made prior to the mailing by the municipality or by the police officer of a final notice, $25 shall be accepted as settlement for each violation.
(b) In the event that the same person is given a second or greater number citation or preliminary citation for the same violation under this subchapter within a period of three years the amount in division (D)(4)(a) above may be increased to an amount not greater than $750 (every day shall be considered a separate violation).
(c) In the event that payment is not made within the time prescribed in the final notice, and a notice to appear has been served and a complaint filed in the Circuit Court of Cook County, payment of any fine and costs shall be in such amounts as may be determined by the Circuit Court of Cook County.
(Ord. 2037, passed 4-21-2011)