§ 136.99 PENALTY.
   (A)   Any person who violates any provision of this chapter for which no penalty is otherwise provided shall be subject to the penalty provided in § 130.99.
   (B)   (1)   Any person convicted of a violation of § 136.02 is guilty of a Class B misdemeanor. A second conviction for an offense committed after the first conviction is a Class A misdemeanor. A third or subsequent violation, committed after a second conviction is a Class 4 felony to be prosecuted under appropriate state law.
      (2)   In addition to any fine imposed under this division (B), the court may order that the person convicted of such a violation remove and properly dispose of the litter, may employ special bailiffs to supervise such removal and disposal, and may tax the costs of such supervision as costs against the person so convicted.
      (3)   The penalties prescribed in this division (B) are in addition to, and not in lieu of, any penalties, rights, remedies, duties or liabilities otherwise imposed or conferred by law.
      (4)   An individual convicted of violating § 136.02 by disposing of litter upon a public highway may, in addition to any other penalty, be required to maintain litter control for 30 days over a designated portion of that highway, including, at the discretion of the agency having jurisdiction over the section of highway in question, the site where the offense occurred, as provided in § 50 of the Illinois Adopt-A-Highway Act, 605 ILCS 120/50.
(415 ILCS 105/4, 415 ILCS 105/8) (2000 Code, § 136.02)
   (C)   (1)   Any person convicted of a violation of § 136.03 is guilty of a Class B misdemeanor. A second conviction for an offense committed after the first conviction is a Class A misdemeanor. A third or subsequent violation, committed after a second conviction is a Class 4 felony to be prosecuted under appropriate state law.
      (2)   In addition to any fine imposed under this division (C), the court may order that the person convicted of such a violation remove and properly dispose of the litter, may employ special bailiffs to supervise such removal and disposal, and may tax the costs of such supervision as costs against the person so convicted.
      (3)   The penalties prescribed in this division (C) are in addition to, and not in lieu of, any penalties, rights, remedies, duties or liabilities otherwise imposed or conferred by law.
      (4)   An individual convicted of violating § 136.03 by disposing of litter upon a public highway may, in addition to any other penalty, be required to maintain litter control for 30 days over a designated portion of that highway, including, at the discretion of the agency having jurisdiction over the section of highway in question, the site where the offense occurred, as provided in § 50 of the Illinois Adopt-A-Highway Act.
(415 ILCS 105/5, 415 ILCS 105/8) (2000 Code, § 136.03)
   (D)   (1)   Any person convicted of a violation of § 136.04 is guilty of a Class B misdemeanor. A second conviction for an offense committed after the first conviction is a Class A misdemeanor. A third or subsequent violation, committed after a second conviction is a Class 4 felony to be prosecuted under appropriate state law.
      (2)   In addition to any fine imposed under this division (D), the court may order that the person convicted of such a violation remove and properly dispose of the litter, may employ special bailiffs to supervise such removal and disposal, and may tax the costs of such supervision as costs against the person so convicted.
      (3)   The penalties prescribed in this division (D) are in addition to, and not in lieu of, any penalties, rights, remedies, duties or liabilities otherwise imposed or conferred by law.
      (4)   An individual convicted of violating § 136.04 by disposing of litter upon a public highway may, in addition to any other penalty, be required to maintain litter control for 30 days over a designated portion of that highway, including, at the discretion of the agency having jurisdiction over the section of highway in question, the site where the offense occurred, as provided in § 50 of the Illinois Adopt-A-Highway Act.
(415 ILCS 105/6, 415 ILCS 105/8) (2000 Code, § 136.04)
   (E)   If no litter receptacles are placed on property described in § 136.06, the owner or person in control of the property shall be fined $100 for violating § 136.06. If the owner or person in control of the property has placed litter receptacles on his or her property but the number or size of the receptacles has proved inadequate to meet the needs of the numbers of people coming on or using his or her property as indicated by the condition and appearance of that property, and the owner or person in control has failed to provide sufficient or adequate receptacles within ten days after being made aware of that fact by written notice from the police, he or she shall be fined $25 for each receptacle not so provided and maintained.
(415 ILCS 105/10) (2000 Code, § 136.06)
   (F)   Any person violating the provisions of § 136.20 shall be fined not less than $50 nor more than $750 for each offense.
(2000 Code, § 136.20)
   (G)   (1)   Any person who violates § 136.21(C) may be fined up to $750.
      (2)   Any person who violates § 136.21(D), upon conviction, may be imprisoned for not more than three months or fined $750, or both.
      (3)   Any person who violates § 136.21(E), upon conviction, may be imprisoned for not more than six months or fined $750, or both.
      (4)   Any person who violates § 136.21(F), upon conviction, may be imprisoned for not more than 30 days or fined $750, or both.
(2000 Code, § 136.21)
   (H)   (1)   Any person violating the provisions of § 136.22 shall be fined not less than $50 nor more than $750 for each offense.
      (2)   The court may impose a sentence of supervision upon any person if, having regard to the nature and circumstances of the offense and the history, character and condition of the person, the court is of the opinion that a formal conviction under this division (H) is inappropriate.
         (a)   When a person is placed on supervision, the court shall enter an order for supervision specifying the period of the supervision, and shall defer further proceedings in the case until the conclusion of the period.
         (b)   The period of supervision shall be reasonable under all the circumstances of the case, but may not be longer than one year.
         (c)   The court may, in addition to the other considerations, require the person to:
            1.   Make a report to, appear in person before, or participate with the court or such persons or social agency as directed by the court in the order of supervision;
            2.   Work or pursue a course of study or vocational training;
            3.   Undergo medical or psychiatric treatment; or treatment for drug addiction or alcoholism;
            4.   In the case of a minor, reside with his or her parents or in a foster home;
            5.   In the case of a minor, attend school; and/or
            6.   In the case of a minor, attend a nonresidential program for youth.
         (d)   The court shall defer entering any judgment on the charges until a conclusion of the supervision.
         (e)   At the conclusion of the period of supervision, if the court determines that the person has successfully complied with all the conditions of supervision, the court shall discharge the person and enter a judgment dismissing the charges.
         (f)   Discharge and dismissal upon a successful conclusion of a disposition of supervision shall be deemed without adjudication of guilt and shall not be termed a conviction for purposes of disqualification or disability imposed by law upon conviction of a crime. That person may have his or her record of arrest expunged as may be provided by law.
(2000 Code, § 136.22)
   (I)   Any person violating the provisions of § 136.35 shall be fined not less than $50 or more than $750 for each offense.
(Ord. 1025, passed 10-1-1979; Ord. 1150, passed 7-19-1982; Ord. 1242, passed 1-7-1985; Ord. 4275, passed 7-20-2015)