A. General Penalty Imposed:
1. Any person found to have been in violation of any of the terms and provisions of this code shall be fined in an amount not less than one hundred fifty dollars ($150.00) and not exceeding seven hundred fifty dollars ($750.00), notwithstanding any alternative existing fine structure set forth in other sections of this code. The following penalty sections shall be exempt from the minimum fine amount of one hundred fifty dollars ($150.00) and shall remain at the minimum fine as stated in each respective penalty section: subsections 6-4-1C, 7-3-3B and section 8-10-5 of this code. No imprisonment for failure to pay such fine, penalty or cost shall exceed six (6) months for each offense. Each day that a violation continues shall be deemed to be a separate offense. Failure of a violator of any section of this code to pay an imposed fine within the time prescribed by the issuing officer shall subject the violator to the penalties as stated in this general penalty section through prosecution in the circuit court by the city attorney. In all cases, the charging document may set forth the amount of fines to be paid to avoid a court appearance. However, in order to avoid said court appearance, all the nuisances and violations cited in the charging document must also be abated to the satisfaction of the designated code official. (Ord., 4-9-2013)
2. A penalty for each offense may include a requirement that the offending party perform some reasonable public service work such as, but not limited to, picking up litter in public parks or upon public highways or performing maintenance of public facilities. A violation hereof may be established by a preponderance of the evidence.
3. A default in the payment of a fine or any installment of a fine may be collected by any means authorized for the collection of monetary judgments. The city attorney may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine or installment of that fine. Any fees or costs incurred by the city with respect to attorneys or private collection agents retained by the city attorney under this subsection shall be charged to the offender.
B. Acts Consistent With Criminal Laws Of State: If, by the terms of an ordinance, an act that would be consistent with the criminal laws of the state is declared to be a misdemeanor, the penalty therefor shall be for a period of incarceration in a penal institution other than the penitentiary not to exceed six (6) months. The matter shall be prosecuted under the rules of criminal procedure of the state, and the city shall be required to establish guilt beyond a reasonable doubt.
C. Limitation; Compliance With Statute: The provisions of subsection A of this section notwithstanding, no penalty shall be greater than that established by state statute for the same offense. (2010 Code)
Notes
| 1 | 1. 65 ILCS 5/1-2-1, 5/1-2-1.1. |