(A) Penalty: Whenever in this Code an act, or omission is prohibited, or declared to be unlawful, or an offense, or a violation of this Code, or whenever in this Code the doing of an act is required, or the failure is declared to be unlawful, or an offense, or a violation of this Code, where no specific penalty is provided, therefor, the violation of any such provision of this Code is hereby declared to be an offense, and shall be punishable by a fine of not less than one hundred dollars ($100.00) and not to exceed seven hundred fifty dollars ($750.00) per day, or as established in the City of Momence's approved fines and fees list, located in subsection (B) of this section. At the discretion of the City, a person may be allowed to perform community service, in lieu of fines, or be required to attend a City adjudication hearing. (Ord. 723, 9-19-2011)
(B) Fine Schedule:
LIST OF FINES
Violations | Fines | |||
Code Book Location | Payment 0 - 14 Days | Payment 15 - 30 Days | Payment After 30 Days |
Violations | Fines | |||
Code Book Location | Payment 0 - 14 Days | Payment 15 - 30 Days | Payment After 30 Days | |
Abandoned refrigerator | $75.00 plus removal | $150.00 | $500.00 | |
Animal violations: | $ 50.00 | 75.00 | 500.00 | |
Dog violations, vicious dogs | 150.00 | 300.00 | 500.00 | |
Assault | 75.00 | 150.00 | 500.00 | |
Battery | 100.00 | 150.00 | 500.00 | |
Bicycles, skates and mini-motorized vehicles | 8-4 (all) | 50.00 | 100.00 | 500.00 |
City parks | 7-8 (all) | 50.00 | 100.00 | 500.00 |
Curfew | 50.00 | 100.00 | 500.00 | |
Damage to City property | $150.00 plus damages | 250.00 | 500.00 | |
Discharge of firearm (air gun, pellet gun, BB gun) | $ 50.00 | 75.00 | 500.00 | |
Disorderly conduct | 100.00 | 300.00 | 500.00 | |
Failure to post house address | 50.00 | 75.00 | 100.00 | |
Fighting | 250.00 | 400.00 | 500.00 | |
Fireworks | 100.00 | 250.00 | 500.00 | |
Golf carts/utility vehicles | 50.00 | 100.00 | 500.00 | |
Graffiti | $100.00 plus restitution | 200.00 | 500.00 | |
Handicapped parking | $250.00 | 500.00 | 750.00 | |
Inoperable vehicles, abandoned vehicles, repair on City property and residential areas | 50.00 | 100.00 | 500.00 | |
Loitering | 50.00 | 100.00 | 500.00 | |
Noise nuisance | 250.00 | 350.00 | 500.00 | |
Panhandling | 75.00 | 100.00 | 125.00 | |
Parental responsibility for acts of minors | 100.00 | 200.00 | 500.00 | |
Parking violations, stopping, standing (excluding handicapped) | 30.00 | 75.00 | 150.00 | |
Peddlers/transient merchants | 50.00 | 150.00 | 500.00 | |
Permit violations | 250.00 | 500.00 | 750.00 | |
Pools | 4-4 (all) | 100.00 | 250.00 | 500.00 |
Possession of alcoholic liquor | 75.00 | 150.00 | 500.00 | |
Possession of cannabis | 250.00 | 500.00 | 750.00 | |
Possession of drug paraphernalia | 150.00 | 250.00 | 500.00 | |
Possession of tobacco | 50.00 | 100.00 | 500.00 | |
Recreational burning: | ||||
First offense | <100.00 | 150.00 | 500.00 | |
Subsequent offense | <250.00 | 250.00 | 500.00 | |
Removal of weeds, plants, garbage, debris, rodents, vermin, cutting grass | $100.00 per hour | 2 x fine | 5 x fine | |
Vandalism | $100.00 plus restitution | $200.00 | $500.00 | |
Vehicle Code (nonmoving violations) | 8-6 (all) | $75.00 | 150.00 | 500.00 |
Vehicles for sale | 50.00 | 100.00 | 500.00 | |
Violation of parking hours 2:00 A.M. - 5:00 A.M. | 30.00 | 100.00 | 500.00 | |
(Ord. 833, 11-20-2017; amd. Ord. 835, 11-20-2017)
(C) Fee Schedule:
LIST OF FEES
Vehicle storage | $30.00 per day |
(Ord. 761, 5-20-2013)
The penalty provided in this chapter 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 a duty is prescribed or obligation imposed, or where any action which is of a continuing nature is forbidden or is declared to be unlawful, shall be deemed guilty of a misdemeanor. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this Code.
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.
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 such breach, the provisions of this chapter shall apply.
Whenever the doing of any act or the omission to do any act constitutes a nuisance, or is a violation of the zoning or subdivision regulations of the City 1 , in addition to any fine that may be imposed for said breach, the City Attorney or any attorney retained by the City Council may petition for injunctive relief to enjoin the doing of any act or the omission to do any act which constitutes a nuisance or is a violation of the zoning or subdivision regulations of the City. (Ord. 230, 7-3-1978; amd. 1979 Code)
Notes
1 | 1. See titles 9 and 10 of this Code. |
The occupant of any premises, and the owner of unoccupied premises, upon which a violation of this Code is apparent, the owner of any object or material placed or remaining anywhere in violation of this Code, and the occupant and owner of any premises served by any excavation connection or structure illegally made or erected, shall be deemed prima facie responsible for the violation so evidenced and subject to the penalty provided therefor. (Ord. 230, 7-3-1978; amd. 1979 Code)
No provision of this Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intent of the Council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (Ord. 230, 7-3-1978; amd. 1979 Code)