(A) Incorporation. The preambles to this section be, and the same hereby are incorporated by this reference as if set out in full at this place.
(B) Purpose. The purpose of this section is to provide a system for fair, effective and efficient enforcement of certain municipal ordinance violations as provided by law. It is intended that certain ordinance violations may be resolved prior to filing a charging instrument in the Will County Circuit Court by payment of minimum fines to the Village Clerk or Village Treasurer.
(C) Procedures established.
(1) Ordinance violations subject to expedited procedures. The village hereby adopts an expedited procedure for disposition of certain ordinance violations, which shall initially consist of those ordinances set forth in “Ordinance Violations Minimum Fines” attached to the ordinance codified herein and incorporated herewith.
(2) Issuance of notice of ordinance violation. The Village Administrator and the Chief of Police or their designees are duly authorized hereby to issue notice of ordinance violations to persons accused of violating any of the ordinance(s) or regulation(s). Each day that the violation shall continue shall be deemed a separate offense.
(3) Establishment of minimum fines. The minimum fines applicable to ordinance violations subject to the expedited procedures are set forth in the ordinance codified herein. For purposes of this section, the ordinance codified herein may be amended to incorporate additional municipal ordinances and/or modify the minimum fine amounts without further formal action by the corporate authorities provided that any amendment shall be approved by the Village President in written form.
(4) Contents of notice of ordinance violation.
(a) The form of the citation shall provide notice to the defendant of the option to settle in lieu of filing a charging instrument with the County Circuit Court by payment of the minimum fine set forth in the ordinance codified herein if payment is made in full and within the time limit and manner set forth in this section.
(b) The notice of ordinance violation shall also contain, but shall not be limited to, the following information:
1. The date, time and place of the violation;
2. The particular ordinance violated;
3. The vehicle make and state registration number, if applicable;
4. The common street address of the dwelling or structure, if applicable;
5. The minimum fine amount;
6. The identification number of the person issuing the notice and his or her signature.
7. Information as to the availability of a court hearing at which the alleged violator may appear in person and contest the violation notice on its merits and the time and place in which the hearing may be heard;
8. The date, time and place of a court hearing at which the violation may be contested on its merits or a statement that the person will be notified of a hearing time; and
9. Payment of the indicated fine shall operate as a final disposition of the violation.
(5) Settlement and payment of minimum fine. A person accused of violating a municipal ordinance may offer to resolve the ordinance violation by full payment of the minimum fine which is set forth in the ordinance codified herein if payment is made within the time and in the manner set forth in division (C)(6) below or within an extended period of time authorized by the Village Administrator or her designee. In no event shall the Village Clerk or Village Treasurer accept partial payments of the minimum fine.
(6) Time limit for settlement in lieu of court appearance. Payments in settlement of ordinance violations set forth in the ordinance codified herein shall be made within 15 days after the date that the notice of ordinance violation was issued to the person accused of the violation. The Village Administrator or her designee may extend the time period within which to make payment in settlement of the ordinance violation. A payment shall be considered made within the 15 days if the payment is actually received by the Village Clerk or Village Treasurer within the 15-day period. Payments shall be made by cash or certified check, money order or cashier’s check made payable to the village.
(7) Delay of filing. The Village Administrator or the Chief of Police shall have authority to delay the filing of the charging instrument with the County Circuit Clerk in order to allow the accused person additional time to resolve the ordinance violation by payment of the prescribed fine. Provided, however, in no event shall the violator’s first appearance date in court extend beyond 60 days from the date that the notice of ordinance was issued for violations of municipal ordinances regulating vehicles.
(8) Rejection of settlement and payment of fine. If the Village Clerk or Treasurer receives a payment after the time and date that the charging instrument is filed with the County Circuit Clerk, payment and settlement of the violation(s) shall be refused and/or rejected and the village shall proceed to prosecute the ordinance violation with the County Circuit Court.
(9) Acceptance of settlement and any such minimum fine. If a person makes payment in full of the minimum fine in full pursuant to this section, then the village shall not proceed to file and/or prosecute a notice of ordinance violation with the County Circuit Court. However, acceptance of the payment in full by the village shall not bar or stop it from proceeding with any other remedy available for the actual violation or any separate offense unless expressly waived in writing.
(10) Collection and recordation of accepted fine. The Village Clerk or Treasurer shall account and report all receipts of fines collected hereunder to the Village Administrator and/or the Chief of Police. The Village Administrator or his or her designee and the Chief of Police shall maintain complete and accurate records of dispositions made hereunder.
(11) Minimum fines. Exhibit “A”, minimum fines, which is attached to the ordinance codified herein, is adopted and incorporated as part of this code of ordinances as fully as if set out at length herein.
(Ord. 854, passed 2-21-2007)