§ 135.99 PENALTY.

   (A)   Any person convicted of a violation of §§ 135.02 through 135.04 is guilty of a Class B misdemeanor. A second conviction for an offense committed after the first conviction is a Class A misdemeanor. A third or subsequent violation, committed after a second conviction is a Class 4 felony.

   (B)   In addition to any fine imposed under the Litter Control Act (ILCS Ch. 415, Act 105), the court may order that the person convicted of such a violation remove and properly dispose of the litter, may employ specific bailiffs to supervise such removal and disposal, and may tax the costs of such supervision as costs against the person so convicted.

   (C)   The penalties described in this section are in addition to, and not in lieu of, any penalties, rights, remedies duties or liabilities otherwise imposed or conferred by law.

   (D)   An individual convicted of violating §§ 135.02 or 135.03 by disposing of litter upon a public highway may, in addition to any other penalty, be required to maintain litter control for 30 days over a designated portion of that highway, including, at the discretion of the agency having jurisdiction over the section of the highway in question, the site where the offense occurred, as provided in Section 50 of the Illinois Adopt-A- Highway Act (ILCS Ch. 605, Act 120, § 50).

   (E)   (1)   Any person, corporation, partnership, association or other entity that is convicted of any violation of any provision of §§ 135.10 through 135.17 shall be fined in accordance with division (E)(2) of this section. Each day that a violation continues shall be deemed to be a separate offense.

      (2)   The penalty for violations of the following specified provisions of §§ 135.10 through 135.17 shall be as follows:

         (a)   Any person who smokes in an area where smoking is prohibited by §§ 135.10 through 135.17 shall be fined in an amount not less than $100 and not more than $750.

         (b)   Any person who owns, operates or otherwise controls a public place or place of employment where smoking is prohibited by §§ 135.10 through 135.17 shall be fined not less than $250 for the first violation, not less than $500 for the second violation within one year after the first violation, and not less than $2,500 for each additional violation within one year after the first violation.

      (3)   In addition to the fines authorized in division (E)(2) of this section, the city may institute an action, in the Eighteenth Judicial Circuit Court of Illinois, to enjoin continuing violations of §§ 135.10 through 135.17.

   (F)   Any person observed in violation of any provision of § 135.32 shall first receive a verbal warning to put on a face covering. Any person observed in violation of any provision of § 135.32 who fails to put on a face covering after receiving a warning to put on a face covering shall be issued a Notice of Violation. Any person, corporation, partnership, association or other entity that is convicted of any violation of any provision of §§ 135.30 through 135.37 shall be fined $500 for a first violation, $1,000 for a second violation and $1,500 for each subsequent violation. Each day that a violation continues shall be deemed to be a separate offense.

(Ord. 07-23, passed 11-27-07; Am. Ord. 21-06, passed 1-26-21)

Statutory reference:

   For Illinois Adopt-A-Highway Act, see ILCS Ch. 605, Act 120.