A. General Penalty Imposed: In the event that a provision of this Code or any ordinance of the City does not provide for any penalty or out of court settlement for violation thereof, the following provisions shall apply: Any person, partnership, firm, entity or corporation in violation of any provision of this Code or any ordinance of the City for which another penalty is not specifically provided for shall be fined not less than the general penalties and fines as provided in section 3-2A-1 of this Code. Each day that such offense continues shall be considered a separate and distinct offense. (Ord. 18-O-17, 8-21-2018)
B. Fees, Costs And Expenses: In addition to any penalty or fine levied under this Code or any ordinance of the City, any person, partnership, firm, entity or corporation found to be in violation of any provision of this Code or any ordinance of the City shall pay any and all reasonable attorney fees incurred by the City in the enforcement of this Code or any ordinance of the City. Further, in the event the City deems it necessary to bring any court action to enforce any provision of this Code or any City ordinance, there shall be assessed against any person, partnership, firm or corporation found to be in violation of this Code or any ordinance, all reasonable costs, expenses and attorney fees incurred by the City in bringing said action, in addition to the fines provided herein.
C. Additional Sanctions: In addition to any penalty or fine levied under any court disposition or adjudication for a violation of any provision of this Code or any ordinance of the City, the court shall be authorized to consider any disposition authorized or permitted pursuant to the applicable Statutes of the State, including, but not limited to, imposition of community service, court supervision, and/or restitution. The imposition of a sentence of imprisonment shall not be authorized pursuant to this subsection. A sentence of imprisonment shall be authorized only if specifically referenced in the penalty section of the applicable provision of this Code or the applicable ordinance of the City, or otherwise authorized pursuant to State Statute due to the enactment of any provision of this Code or any ordinance of the City. (Ord. 99-O-09, 2-16-1999; amd. 2009 Code)
Notes
| 1 | 1. 65 ILCS 5/1-2-1, 5/1-2-1.1. |
A. Application Of Penalty: The penalty provided in this chapter shall be applicable to every section of this Code the same as though it were a part of each and every separate section.
B. Acts Punishable Under Different Sections: In all cases where the same offense is made punishable or is created by different clauses or sections of this 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.
C. 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 Code and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply. (2009 Code)
No provision of this 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 City Council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (2009 Code)