A. 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.
In addition to the imposition of a fine not to exceed seven hundred fifty dollars ($750.00), a penalty imposed for a violation of an ordinance may include, or consist of, a requirement that the respondent do one or both of the following:
1. Complete an education program, including, but not limited to, educational classes addressing issues associated with the offenses of or related to theft, alcohol or controlled substance abuse or offenses against the person or public order.
2. Perform some reasonable public service work such as, but not limited to, picking up litter in public parks, maintenance of public facilities, volunteer work at nursing homes or homes for the aged, hospitals, or public libraries.
A violation may be established by a preponderance of the evidence.
B. 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. Any fees or costs incurred by the village with respect to attorneys or private collection agents retained by the village president and board of trustees to collect those amounts due and owing to the village as and for unpaid fines or penalties, shall be charged to the offender or person who has defaulted in the payment of a fine or penalty or any installment of a fine or a penalty due and owing the village. Private collection agents are expressly authorized to act on behalf of the village for the purpose of collecting any default in payment of any fine or penalty or installment of any fine or penalty due and owing the village. (Ord. 2011-931, 2-17-2011)