A. General Penalty Imposed:
1. Unless specifically provided elsewhere in this code or state statute, 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 to exceed seven hundred fifty dollars ($750.00). 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.
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 village 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 village with respect to attorneys or private collection agents retained by the village 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 village 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. (2009 Code)
Notes
| 1 | 1. 65 ILCS 5/1-2-1, 5/1-2-1.1. |