A. Whenever in this Code, or in any ordinance of the Village, any act or omission is prohibited or is made or declared to be unlawful or a misdemeanor, or whenever in such Code or ordinance the doing of any act or the omission of a required act is declared to be unlawful or a misdemeanor, where no specific penalty is provided therefor, and State law does not provide otherwise, the violation of any such provision of this Code or such ordinance shall be a misdemeanor punishable by a fine as set forth in Chapter 2, Village Government, Article X, Tax, Fee, Fine and Penalty Schedules, Section 2.1003, Fine and Penalty Schedule. Unless specifically provided otherwise, each day that any such violation exists shall constitute a separate offense.
B. Notwithstanding the provisions of Subsection A above, upon any prosecution for any violation of any section of this Municipal Code, the court may, in lieu of or in addition to any other penalty or finding, impose “supervision,” being a disposition of conditional and revocable release without probationary supervision, but under such conditions and reporting requirements as may be imposed by the court.
1. In the event conditions and/or reporting requirements of supervision shall be required by the court, such conditions and reporting requirements shall be entered by the court by order deferring future proceedings in the case and specifying any or all of the following:
2. The period of supervision (reasonable under all circumstances of the case):
a. Up to two (2) years from the date of entry of the order; and/or
b. Requirement that the defendant:
i. Make a report to and appear in person before or participate with the court or such courts, person or social service agency as directed by the court in the order of supervision;
ii. Pay a fine and costs;
iii. Work or pursue a course of study or vocational training;
iv. Undergo medical or psychiatric treatment or treatment for drug addiction or alcoholism;
v. Attend or reside in a facility established for the instruction or residence of defendants on probation;
vi. Support his dependents;
vii. Refrain from possessing a firearm or other dangerous weapon;
viii. And in addition, if a minor;
a) Reside with his parents or in a foster home;
b) Attend school;
c) Attend a nonresidential program for youth; and
d) Contribute to his own support.
ix. Make restitution or reparation in an amount not to exceed actual loss or damage to property and pecuniary loss. The court shall determine the amount and conditions of payment; and/or
x. Perform some reasonable public service work such as, but not limited to, the picking up of litter in public parks or along public highways or the maintenance of public facilities.
c. In the event the court enters an order of supervision, if the court thereafter determines that the defendant has successfully complied with all of the conditions of supervision, the court shall discharge the defendant and enter a judgment dismissing the charge. 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 disabilities imposed by law upon conviction of a misdemeanor.
3. No person assigned to a public service employment program shall be considered an employee for any purpose, nor shall the President and Board of Trustees be obliged to provide any compensation to such person.
4. A disposition of supervision is a final order for the purpose of appeal.
(Ord. 402, passed 6-9-99; Am. Ord. 852, passed 10-20-2020)