(A) Notice of violation. All persons accused of violating or failing to comply with any provision of the code of ordinances of the village or any other ordinances of the village not reprinted within the loose-leaf volume entitled “Code of Ordinances of the Village of Kirkland,” including but not limited to ordinances relating to traffic control, shall be notified of the violation or failure to comply in one of the following two ways:
(1) By arrest, or by the issuance of a formal complaint in the Circuit Court of DeKalb County, which complaint shall require the appearance of the defendant at the Circuit Court upon a noted day. All citations for moving violations found in 625 ILCS 5/11 may require such an appearance. A violation or a failure to comply commenced in this manner shall not be settled or compromised, but shall proceed to a hearing at which the defendant may plead “guilty” or “not guilty;” or
(2) By the issuance to the defendant of a “hang-on ticket.”
(a) A “hang-on ticket” may be issued for any ordinance found in the village municipal code; however, “hang-on tickets” shall not be issued for moving violations found in Chapter 11 of the Illinois Vehicle Code.
(b) A violation or failure to comply commenced pursuant to the issuance of a “hang-on ticket” may be settled or compromised as provided in this section.
(B) Hang-on tickets.
(1) A person receiving a “hang-on ticket” may settle or compromise the ticket by payment of the amount shown on the ticket or, if no amount is shown on the ticket, then the amount of the minimum fine provided in this section for the offense, at the Village Hall of the village within ten days after the issuance of the ticket. If the ticket is not settled or compromised within the initial ten-day period, it may be settled or compromised by the payment of twice the amount of the ticket, or if no amount is shown on the ticket, then twice the amount of the minimum fine provided in this section for the offense, for a period of 20 days after the lapse of the initial ten-day period.
(2) In the case of failure to make payment as herein provided, the officer issuing the ticket shall issue a written notice to appear and complaint which shall state the name and address of the person, if known; the offense committed; be signed by the officer; and request the person to appear at the Circuit Court of DeKalb County at a specific time and date. The notice to appear and complaint shall be served in the manner provided by the rules of the Circuit Court of DeKalb County.
(3) In the event that the person fails to appear in court on the date set forth in the notice to appear and complaint, the matter shall be referred to the Circuit Court of DeKalb County for issuance of summons or an arrest warrant and the setting of a date for a hearing.
(4) At any time during the initial ten-day period, the person issued the citation can request that a court date be assigned in order to contest the allegations. The failure to request a court hearing date shall constitute a waiver of a person’s right to contest the allegations set forth in the “hang-on ticket” as a failure to exhaust administrative remedies.
(C) Payment of settlement. Payment of a settlement and compromise amount shall be made to the village in person or by mail, and a receipt shall be issued for all money so received.
(D) Prosecutions. Officers of the Village Police Department are hereby authorized to refrain from initiating a prosecution for the alleged offense for which “hang-on tickets” are issued until the expiration of 11 days from the date of issuance of the ticket, as provided in this section.
(E) Index of minimum fines.
(1) This index in no way limits the right of the village to assess or to seek a higher fine than is listed herein, or to impose or seek any other remedy which is provided by ordinance or other law. The maximum penalty which may be assessed in the event of any violation of the code of ordinances of the village per offense is as set forth in § 10.99.
(2) The index in Appendix A to this chapter is provided for reference purposes only. Failure to include an existing or future minimum fine within this index in no way invalidates the fine.
(F) Payment of fines.
(1) Unless provided otherwise herein, all fines, forfeitures and penalties, shall be paid on or before the tenth day after the receipt thereof, to the proper officer collecting the same.
(2) Upon failure to comply with a final warning notice from the village to pay the designated fine for a violation as described herein, the collection of this debt shall be turned over to a collection agency, referred to the Circuit Court of DeKalb County, or otherwise collected as prescribed by law. The Chief of Police shall promulgate any necessary rules and regulations regarding the implementation and administration of this practice.
(Ord. 04-18, passed 11-1-2004)
Cross-reference:
Administrative adjudication, see Chapter 96