There is hereby established and adopted the following program for payment by financial transaction devices of fees owed to the Village:
(a) Definitions. As used in this section.
(1) "Financial transaction device" includes a credit card, debit card, charge card, prepaid or stored value card, or other similar financial means.
(2) "Fees" include costs, taxes, assessments, utilities, fines, reservation deposits, recreation services, penalties, payments, purchases, or other fees a person owes to a Village Office.
(b) Procedure.
(1) Any person may pay a fee owed to the Village by a financial transaction device.
(2) The Clerk-Treasurer is authorized and directed to accept payments by financial transaction device.
(3) The fees that may be paid for through the use of a financial transaction device are: costs, taxes, assessments, utilities, fines, reservation deposits, recreation services, penalties, payments, purchases, or other fees a person owes to a Village Office.
(4) The following financial transaction devices are authorized as acceptable means of payment for fees: credit card, debit card, charge card, or prepaid or stored value card. The uniform acceptance of financial transaction devices among different types of fees is not required.
(5) The Clerk-Treasurer is authorized and directed to establish, implement, and collect a surcharge or convenience from each person making payment by a financial transaction device. The Clerk-Treasurer shall determine the location of each eligible point of sale.
A. The surcharge or convenience fee shall not be imposed unless authorized or otherwise permitted by the rules prescribed by a financial institution's agreement governing the use and acceptance of the financial transaction device. To the extent possible, the surcharge or convenience fee shall be sufficient to cover such costs as are imposed upon the Village.
B. If a surcharge or convenience fee is imposed; each Village location accepting payment by a financial transaction device shall clearly post a notice in that office and shall notify each person making a payment by such device about the surcharge or fee.
1. Notice to each person making a payment shall be provided regardless of the medium used to make the payment and in a manner appropriate to that medium.
2. Each notice shall include all of the following:
a. A statement that there is a surcharge or convenience fee for using a financial transaction device;
b. The total amount of the surcharge or fee expressed in dollars and cents for each transaction, or the rate of the charge or fee expressed as a percentage of the total amount of the transaction, whichever is applicable;
c. A clear statement that the surcharge or convenience fee is nonrefundable.
C. If a person elects to make a payment to the Village by a financial transaction device and a surcharge or convenience fee is imposed, the payment of the surcharge or fee shall be considered voluntary and the surcharge or fee is not refundable.
D. In the event a person makes payment by financial transaction device and the payment is returned or dishonored for any reason, the person is returned or dishonored for any reason; the person is liable to the Village for payment of a penalty over and above the amount of the fees due. The penalty shall be the greater of twenty dollars or payment of the amount necessary to reimburse the Village for banking charges, legal fees, and other expenses incurred by the Village in collecting the returned or dishonored payment. The remedies and procedures provided in this section are in addition to any other available civil or criminal remedies provided by law.
E. No person making any payment by financial transaction device to a Village office shall be relieved from liability for the underlying obligation except to the extent that the Village realizes final payment of the underlying obligation in cash or its equivalent. If final payment is not make by the financial transaction, the underlying obligation shall survive and the Village shall retain all remedies for enforcement that would have applied if the transaction had not occurred.
F. The Clerk-Treasurer is authorized to institute rules and procedures to be followed by Village Officers or employees in processing payments by financial transaction devices.
G. A Village elected official, employee, agent, or assign who accepts a financial device payment in accordance with this section and any applicable laws or other rules established by the Clerk-Treasurer is immune from personal liability for the final collection of such payments.
(Ord. 07-12. Passed 5-29-07.)
(Ord. 07-12. Passed 5-29-07.)