(A) (1) Standard penalty. Unless another penalty is specifically provided by this code for violation of any particular provision, section or chapter, any person violating any provision of this code, or any rule or regulation adopted or issued in pursuance thereof, or any provision of any code adopted herein by reference, shall upon conviction be subject to a fine of not less than $25, nor more than $750. In the event that the Illinois Municipal Code or any other state statute provides for a penalty for an ordinance violation of greater than $750, then the applicable state statute shall apply.
(2) Commitment. The person upon whom any fine or penalty is imposed for violation of any provision of this code or any ordinance of the village, upon order of the court before whom the conviction is had, may be committed to the county or state jail as provided by law, or to any other place provided by statute.
(3) Each day of violation. Each act of violation and each day upon which a violation occurs constitutes a separate offense.
(4) Applicability. The penalty provided by this section applies to the amendment of any section of this code or a code adopted herein by reference whether or not such penalty is reenacted in the amendatory ordinance.
(5) Reference to sections. Reference to a section of this code shall be understood also to refer to and include the penalty section relating thereto, unless otherwise expressly provided.
(6) Failure of officer to perform duties. The failure of an officer or employee of the village to perform an official duty imposed by this code shall not subject such officer or employee to the penalty imposed for violation of this code, unless a penalty is specifically provided in the section creating the duty.
(7) Collection costs. In the event any charge or fee, including, but not limited to, those relating to recording, retained personnel, fines, penalties, repair, abatement, restitution or reimbursement, found in any section of this code, that is due the village and is not paid, the cost of collecting said fee and enforcing the ordinance shall be added to the fee. Collection and enforcement costs shall include, but not be limited to, prosecution and attorney fees incurred by the village.
(B) (1) Definitions. For the purpose of this division (B), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APT. A ticket issued at the discretion of the Village Police Department and/or Building and Zoning Department personnel in cases of certain minor ordinance violations in lieu of arrest.
REPEAT OFFENDER. Any person who has been previously issued an APT for the same ordinance violation within the preceding 12-month period.
(2) Jurisdiction. An APT may be issued by Police Department and Building and Zoning Department personnel of the village for violations of village ordinance provisions with the exception of those offenses enumerated in division (B)(4) below. An APT shall not be issued to a repeat offender, as defined in division (B)(1) above.
(3) Procedure. At the discretion of the officer or agent of the village authorized to issue notices of ordinance violations, an APT or state citation may be issued in lieu of arrest. However, if the fine is not paid in full at the time the APT is issued a state citation shall be issued.
(4) Exceptions. An APT shall not be issued for the following violations: any vehicle or driver involved in a traffic accident, speeding in excess of 16 mph, driving while under the influence of intoxicating liquor or narcotics, reckless homicide, drag racing, leaving the scene of an accident, driving while license suspended or revoked and any other traffic offenses for which a court appearance is required pursuant to state statutes.
(5) Penalty.
(a) Any person who, pursuant to the issuance of an alternate penalty ticket, is accused of a violation of any section of the village code, except a traffic offense for which a court appearance is required pursuant to Ill. Rev. Stat. Ch. 110A, para. 551, may settle and compromise that ticket by paying to the village the sum of $50 within ten days from the date such alleged violation was committed or by paying to the village the sum of $65 subsequent to said ten-day period and prior to a determination of guilt by a court of competent jurisdiction.
(b) The issuance of alternate penalty tickets shall be a courtesy in lieu of instituting a prosecution for the alleged offense. If the person accused of the violation does not settle the claim, the violation shall be prosecuted before the court and that person shall be subject to the general penalties set forth in § 1.06(A) of this chapter.
(Ord. 93-O-14, passed 5-27-1993; Ord. 93-O-16, passed 6-24-1993; Ord. 10-O-21, passed 8-26-2010)