A. Criminal Offenses: Except as prohibited by state law or where another penalty is prescribed therefor by this code, any violation of the provisions of this code may be prosecuted in the circuit court by information or by complaint sworn to, as criminal offenses. Such prosecutions shall conform to the rules of criminal procedure, and the charge shall give notice that it is a "criminal proceeding". Upon conviction, a person violating this code shall be punished by imprisonment in a place other than a penitentiary for a term not to exceed six (6) months or be fined not to exceed seven hundred fifty dollars ($750.00), or both.
B. Civil Cases: Where the prosecution of violations of this code as misdemeanors is not permitted by state law, violations of this code shall be triable as civil cases. Whenever in this code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful or an offense, the violation of any such provision of this code or any ordinance shall be punished by a fine of not more than seven hundred fifty dollars ($750.00). (1996 Code § 1-8; amd. 2010 Code)
C. Community Service: A penalty for each offense may include a requirement that the offending party perform some reasonable public service work such as, but not limited to, picking up litter in public parks or upon public highways or performing maintenance of public facilities. A violation hereof may be established by a preponderance of the evidence. (2010 Code)
D. Each Day Of Violation A Separate Offense: Each day any wilful violation of any provision of this code or of any ordinance shall continue shall constitute a separate offense. (1996 Code § 1-8)
E. Limitation; Compliance With Statute: The provisions of subsections A and B of this section notwithstanding, no penalty shall be greater than that established by state statute for the same offense. (2010 Code)
F. Costs And Expenses: In addition to the fines referred to in other sections of this code which may be levied in the event of a violation of any provision of this code, the city may also levy a charge for attorney fees, court costs and other expenses against the violator not to exceed five hundred dollars ($500.00). (Ord. 1403, 6-24-2003)
G. Disposition Of Funds: All fines, penalties, and forfeitures for the violation of ordinances, when collected, and all other monies collected for the city shall be paid into the city treasury at such times and in such manner as may be prescribed by ordinance.
H. Credit For Imprisonment: Any person incarcerated on a charge of violating a bailable municipal ordinance who does not supply bail and against whom a fine is levied upon conviction of such offense shall be allowed a credit of five dollars ($5.00) for each day so incarcerated prior to conviction, but such credit shall not exceed the amount of the fine levied. (1996 Code § 1-8)
Notes
1 | 1. 65 ILCS 5/1-2-1, 5/1-2-1.1. |