(A) General penalty. Except as otherwise provided, any person convicted of a violation of any section or provision of this code shall be fined a sum not less than $75 plus court costs and not to exceed $750 plus court costs for any one offense, and the person may be confined in a penal institution, other than the penitentiary, for a period not to exceed six months. The provisions of this section shall not apply to nor affect the ordinances enumerated under ILCS Ch. 65, Act 5, § 1-2.1-2, as said ordinances may be enacted by the city.
(1977 Code, § 1-3-1)
(B) Application of penalty.
(1) The penalty provided in this section shall be applicable to every section of this code the same as though it were a part of each and every separate section. Any person convicted of a violation of any section of this code where any duty is prescribed or obligation imposed, or where any action which is of a continuing nature or declared to be unlawful, shall be deemed guilty of a misdemeanor. A separate offense shall be deemed committed upon each day the duty or obligation remains unperformed or the act continues, unless otherwise specifically provided in this code.
(2) In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
(3) Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this code and there shall be no fine or penalty specifically declared for the breach, the provisions of this section shall apply and a separate offense shall be deemed committed upon each day during or on which a breach or violation occurs or continues.
(C) Citation - court appearance not required - penalty. Notwithstanding division (A) above, and within the scope of each of the following officers’ enforcement authority, any sworn law enforcement officer, the Animal Control officer, the Code Enforcement officer, or the Zoning Administrator, as applicable, may issue a No Court Appearance Required citation for a violation of any city ordinances committed to their enforcement. Unless otherwise provided in the specific ordinance or code section violated, such citation when issued shall require the payment of a fine in the amount of $100 within 30 days of the issuance of the citation. Such fine may be paid in the office of the City Clerk. In the event any person issued a No Court Appearance Required citation shall fail to pay the fine within 30 days from the date of the issuance of the citation, the original issuing official shall issue a Notice To Appear, requiring a court appearance for such violation. The penalty to be imposed for a conviction of such violation following a court appearance shall be the specific penalty provided for such offense in the code or, if no such penalty is so provided, then the general penalty imposed under division (A) above.
Schedule of Fine Only Offenses
|
Schedule of Fine Only Offenses
| |
Offense | Fine if paid within 30 days |
Title V - Public Works | |
Chapter 50 - Electricity | |
§ 50.23(D)(1) - Reestablishing electricity | $100 |
§ 50.23(D)(2) - Receipt of reestablished electricity | $100 |
Title VII - Traffic Code | |
Chapter 70 - General Provisions | $100 |
Chapter 71 - Traffic Schedules | $100 |
Title IX - General Regulations | |
Chapter 90 - Animals | |
§ 90.03 - Restraint of dogs | $100 |
§ 90.04 - Animals as nuisances | $100 |
§ 90.07 - Owner’s duties | $100 |
§ 90.13 - Prohibited places | $100 |
Title IX - General Regulations | |
Chapter 95 - Nuisances | |
§ 95.01 - Weeds | $100 |
§ 95.01 - Garbage | $100 |
§ 95.03 - Abatement of nuisances | $100 |
Title XV Land Usage | |
Chapter 156 - Zoning | $100 |
(1977 Code, § 1-3-3) (Am. Ord. 2014-07, passed 3-10-2014; Am. Ord. 2016-14, passed 9-12-2016; Am. Ord. 2019-08, passed 5-13-2019; Am. Ord. 2022-35, passed 12-12-22)
Statutory reference:
Limitations on punishment, see ILCS Ch. 65, Act 5, § 1-2-1