A. General Penalty Imposed:
1. Fine; Imprisonment:
a. 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 a minimum amount of fifty dollars ($50.00) not to exceed 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.
b. Whenever in this code a minimum but not maximum fine or penalty is imposed, the court may, in its discretion, fine the offender any sum exceeding the minimum fine or penalty so fixed but not exceeding seven hundred fifty dollars ($750.00). (1985 Code § 1-4-1; amd. 2016 Code)
2. Responsibility Of Corporations, Principals Or Employers; Joint Liability:
a. A corporation, firm or person may be prosecuted for the commission of an offense performed by any officer, agent or employee where the offense is committed while said person is acting within the scope of his office, employment or agency, or the commission of said offense is authorized, requested, commanded, performed, permitted, allowed or by neglect of said corporation, firm or person. An officer or any other person or agent who has a position of comparable authority for the formulation of policy or the supervision of subordinate employees in a managerial capacity is legally accountable for any offense committed in the name of or in behalf of the corporation, firm or person, to the same extent as if it were performed in his own name and behalf and may be prosecuted for violations of the code provisions enumerated herein. Partnerships and assumed name entities may be prosecuted as such principal or employer in its partnership name, in the name of any partner, or in the assumed name.
b. Prosecutions for violations of provisions enumerated herein may be jointly, severally or in the alternative against any of the above named persons and the officer, agent or employee. Persons jointly liable for any violations may be prosecuted under one complaint.
3. Cumulative Remedies: The remedies or penalties enumerated herein are cumulative, and the village may prosecute in the alternative and, in the case of a nuisance, subject the person committing said nuisance to an immediate arrest without the notice to abate or other procedure and may, in addition, proceed for any other violation of any other provision contained herein or to enforce its remedy under any section of this code, the federal and state statutes, or the common law. The cost of said abatement shall be charged to the person committing the nuisance. (1985 Code § 1-4-4)
4. Education Program:
a. A penalty imposed for violation of any provision of this code may include or consist of a requirement that the defendant complete an education program; except, that a holder of a valid commercial driver's license who commits a vehicle weight or size restriction violation shall not be required to complete an education program under this subsection.
b. A low income individual required to complete an education program under subsection A2a of this section who provides proof of eligibility for the federal earned income tax credit under section 32 of the internal revenue code or the Illinois earned income tax credit under 35 Illinois Compiled Statutes 5/212 shall not be required to pay any fee for participating in a required education program.
5. Additional Remedies: The appropriate authorities of the village may take such other action as they deem proper to enforce the terms and provisions of this code including, without limitation, an action at law or in equity to compel compliance with its terms.
6. 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, to the payment of court costs and reasonable attorney fees.
7. 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 attorney 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 attorney under this subsection shall be charged to the offender.
B. Acts Consistent With Criminal Laws Of State: 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 a penitentiary not to exceed six (6) 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. (2016 Code)