Section 1-2.1 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 1-2.1-2) allows home rule municipalities to provide by ordinance for a system of administrative adjudication of municipal code violations to the extent permitted by the Illinois Constitution. The Village is a home rule municipality. The Illinois Constitution provides that a home rule unit may exercise any power and perform any function pertaining to its government and affairs (Illinois Constitution, Art. VII, Sec. 6(a)(1970)). The Illinois Constitution further provides that the powers and functions of home rule units shall be construed liberally.
This section is established to provide a fair and efficient method of enforcing the Village's regulations through administrative adjudication of charges of non-vehicular violations of the New Millennium Code. All provisions of the New Millennium Code may be enforced through the administrative adjudication system, provided the system shall have no authority to impose a penalty of incarceration or adjudicate an offense under the Illinois Motor Vehicle Code which is a traffic regulation governing moving vehicles, or to impose a fine in excess of $50,000.00. The Village reserves its right to employ all other means and methods available under the law to enforce its New Millennium Code, including direct application to the Courts.
(Ord. 10-2769, passed 4-13-10)