A. Citation Instead Of Complaint Authorized: Whenever a police officer is authorized to arrest a person without a warrant because of a violation of an ordinance or this code with respect to any of the following subjects, he may, in lieu of filing a complaint in court, in the first instance, issue to the violator a citation:
1. Any violation of this code relative to the parking of a vehicle (title 7, chapter 5 of this code) 1 .
3. Any violation of this code relative to the regulating of dogs and cats or the licensing of dogs (title 6, chapter 2 of this code).
4. Any violation of this code relative to the regulating and licensing of businesses (title 3 of this code). (1977 Code § 8-8-1)
B. Contents Of Citations: Citations issued pursuant to subsection A of this section shall contain language:
1. Advising said person that he has violated a specified ordinance;
2. Requesting him to make payment in an amount applicable to said alleged violation as set forth in subsection E of this section as settlement of said violation claim; and (1977 Code § 8-8-2)
3. Informing him that upon failure to so settle, a complaint will be filed in the circuit court of the 19th judicial circuit court, charging him with such violation, and such citation constitutes a notice to appear to answer such complaint. (1977 Code § 8-8-2; amd. 2004 Code)
C. Payment In Lieu Of Fine Authorized:
1. Pursuant to a citation issued as set forth in this section, the person so accused of said violation may settle and compromise the violation claim with respect to such ordinance violation by paying to the Village the applicable amount as shown in the schedule set forth in subsection E of this section, within a period to be specified in said citation but not more than seven (7) days from the time said alleged offense was committed. (1977 Code § 8-8-3)
2. Such payment shall be made in accordance with the instructions contained in the citation at the office of the Village Clerk or the law enforcement agency, and a receipt shall issue for the money so received, if requested to do so, and shall promptly remit said amount to the Village Collector who shall deposit said amount with the Village Treasurer to be credited to the proper Village fund. (1977 Code § 8-8-3; amd. 2004 Code)
D. Procedure Upon Nonpayment: In the event that the person to whom a citation is issued pursuant to this section fails to settle and pay said violation claim within the prescribed time, or within a period of time specified in a final notice, then the Village or the Village law enforcement agency is authorized to file a complaint and to prosecute the same in the 19th judicial circuit court. (1977 Code § 8-8-4; amd. 2004 Code)
E. Amounts Of Payments:
1. The violation claim described in a citation issued pursuant to the terms of this section may be settled, compromised and paid in the respective amounts set forth in the following schedule:
a. In the event that said payment is made within seven (7) days after the issuance of the citation, the following amounts shall be accepted as settlement: |
a. In the event that said payment is made within seven (7) days after the issuance of the citation, the following amounts shall be accepted as settlement: | ||
Any violation of this code relative to parking of a vehicle | $ 25.00 | |
Any violation of this code relative to requiring the purchase and display of a vehicle sticker | 25.00 | |
Any violation of this code relative to the regulating of dogs and cats or the licensing of dogs | ||
First offense Each successive offense | 25.00 50.00 | |
Any violation of this code relative to the regulating and licensing of businesses | 100.00 | |
b. In the event that payment has not been paid within seven (7) days after the issuance of the citation, and in fact, the final notice has been mailed, the following amounts shall be accepted as settlement: | ||
Any violation of this code relative to the parking of a vehicle | $50.00 | |
Any violation of this code relative to requiring the purchase and display of a vehicle sticker | 50.00 | |
Any violation of this code relative to the regulating of dogs and cats or the licensing of dogs | ||
First offense Each successive offense | 50.00 100.00 | |
Any violation of this code relative to the regulating and licensing of businesses | 200.00 | |
(1977 Code § 8-8-5; amd. 2004 Code)
2. In the event that payment is not made within the time prescribed in the final notice, and a complaint is filed in the circuit court, payment of any fine and costs shall be in such amounts as may be determined and established by the circuit court. (1977 Code § 8-8-6)
F. Presumption Of Traffic Violation 3 : The fact that an automobile or motor vehicle which is illegally operated or parked is then currently registered with the secretary of state in the name of said alleged violator, or, in the alternative, in the event that a then current vehicle sticker issued by a municipality has been issued in the name of and to said alleged violator, shall be considered prima facie proof that said alleged violator was in control of, or had authorized the use of, or was the operator of the automobile or motor vehicle at the time of such alleged violation. (1977 Code § 8-8-7; amd. 2004 Code)
Notes
| 1 | 1. See also section 7-1-3 of this code. |
| 2 | 2. See also section 7-1-3 of this code. |
| 3 | 1. See also subsection 7-10-4B of this code. |