A. General Penalty Imposed: Except as otherwise specifically stated elsewhere in this code, any person found to have been in violation of any of the terms and provisions of this code shall be assessed a fine or penalty in an amount of not less than two hundred fifty dollars ($250.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day upon which a violation occurs or continues shall be deemed to be a separate offense. A violation hereof may be established by a preponderance of the evidence. A penalty imposed for each violation may include, or consist of, a requirement that the defendant perform some reasonable public community service work such as, but not limited to, the picking up of litter in public parks or along public highways or the maintenance of public facilities or performing services for a not for profit charitable corporation or entity approved by the court.
B. Misdemeanor: If, by the terms of the ordinance or city code section, an act that would be consistent with the criminal laws of Illinois is declared in this code 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. Such matters may be prosecuted as criminal offenses by the city attorney in the circuit court by an information, or complaint sworn to, charging such offense. The prosecution shall be under and conform to Illinois rules of criminal procedure. In such matters, conviction shall require the city to establish guilt of the defendant beyond reasonable doubt.
C. Failure To Pay Fine: No imprisonment authorized by 65 Illinois Compiled Statutes 5/1-2-9 for failure to pay any fine, penalty or cost shall exceed six (6) months for each offense.
D. Municipal Ordinance Violation Complaint And Notice To Appear: Notwithstanding anything in this code to the contrary, and pursuant to Illinois supreme court rule 574, a defendant or offender concerning any nontraffic/nonconservation ordinance violation that is listed or identified on a form from time to time entitled "municipal ordinance violation complaint and notice to appear" may be afforded the opportunity to settle such ordinance violation and thereby avoid a court appearance by admitting guilt and completing and signing the "plea of guilty and waiver" included within and set forth on said municipal ordinance violation complaint and notice to appear and paying in full the applicable fine in cash or by money order, certified or cashier's check, or traveler's check to the city clerk, all within fourteen (14) calendar days of the date said municipal ordinance violation complaint and notice to appear was issued.
The aforesaid "municipal ordinance violation complaint and notice to appear" form and the applicable listed or identified ordinance violations thereon may be amended or revised, in whole or in part, from time to time by approval of the mayor. (Ord. 3622, 6-17-2013)