(A) Penalties. Whenever in this code or in any ordinance of the village any act is prohibited or is made or declared to be unlawful or an offense, or whenever in this code or any ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, any person upon conviction for the violation of any provision of this code or any ordinance shall be punished by a fine of not less than $1 nor exceeding $750 for each offense. Each day any violation of any provision of this code or of any ordinance shall continue shall constitute a separate offense. In the construction and interpretation of this section, the revocation of a license or permit shall not be considered as a recovery or penalty so as to bar any other penalty being enforced. No provision of this code designating the duties of any village officer or employee shall be construed as to make such officer or employee liable for any fine or penalty provided in this code for a failure to perform such duty, unless the intention of the board of trustees to impose such a fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.
(B) Procedure for out-of-court settlement. Every person who is cited for an alleged violation of any provision of this code may resolve each citation by out-of-court settlement with the village in accordance with the following procedure.
(1) Each alleged violator shall, at the time he or she is first served with the citation, be given information in writing explaining the out-of-court settlement option hereunder.
(2) The settlement may be accomplished by the alleged violator paying to the village a specified out-of-court settlement amount within ten days after the date of the citation. The amount of the out-of-court settlement shall be indicated on the citation.
(3) The payment may be made either in person at the Village Hall, in which case a receipt shall be issued upon payment, by mail or other method authorized by the village. In the case of payment by mail, the out-of-court settlement payment must be actually received within ten days after the date of the citation, and no receipt shall be issued.
(4) If an out-of-court settlement payment is not made within ten days after the date of the citation as specified in subsection (B)(3) above, the alleged violator shall have the option, for an additional ten days thereafter, to resolve the citation with the village by the payment of a late out-of-court settlement amount indicated on the citation. Payment of the late out-of-court settlement amount indicated in the citation may be made after the tenth day through and including the twentieth day after the date the citation was issued either in person at the Village Hall, in which case a receipt shall be issued upon payment, or by mail, in which case no receipt shall be issued. In the case of payment by mail, the late out-of-court settlement payment must be actually received by the village within 20 days after the date of the citation or notice violation.
(5) If a late out-of-court settlement payment is not made within 20 days after the date of the citation or notice of violation as specified in subsection (B)(4) above, the alleged violator shall have the option thereafter to resolve the citation or notice of violation with the village by the payment of a sum equal to 150% of the late out-of-court settlement amount indicated on the citation or notice of violation. Payment of the settlement amount shall be made either in person at the Village Hall, in which case a receipt shall be issued upon payment, or by mail, in which case no receipt shall be issued. The payment shall be actually received by the village before the commencement of procedures to pursue enforcement action against the alleged violator as contemplated by subsection (B)(7) below.
(6) Payment of an out-of-court settlement or a late out-of-court settlement or subsequent out-of-court settlement shall be without any admission of guilt by the alleged violator. Upon payment in the amounts and within the times specified therefor, the matter shall be closed and no further action shall be taken to pursue the issue, including the filing of any complaint in the Circuit Court of the county.
(7) If no out-of-court settlement or late out-of-court settlement payment is received by the end of the 20th day after the citation is issued, unless the alleged violator thereafter shall have paid the settlement amount required in accordance with subsection (B)(5) above, customary procedures may then be followed to pursue enforcement action against the alleged violator, including, but not limited to, the filing of a complaint in the Circuit Court of the county.
(8) If payment of an out-of-court settlement or late out-of-court settlement hereunder is made by tender of any type of negotiable instrument, and the same is dishonored or payment thereof is refused for any reason, the village may, in addition to exercise of any and all other remedies available to it, pursue the original citation by all appropriate means, including, but not limited to, filing a complaint in the Circuit Court of the county.
(9) The village shall establish and amend, from time to time, a written list of out-of-court settlement amounts and late out-of-court settlement amounts for each violation of the code which will be cited by members of the Police Department, which written list will be adopted as part of the Annual Fee Ordinance.
(1959 Code, § 1-5) (Ord. 817, passed 6-12-1995; Ord. 1044, passed 8-23-2010; Ord. 1188, passed 1-23-2017)
Statutory reference:
Authority to imprison for certain ordinance violations, see 65 ILCS 5/1-2-1.1
Limitations on penalties and collection upon default in payment, see 65 ILCS 5/1-2-1