(A) The purpose of this chapter is to provide a fair and efficient method of enforcement of the village's regulations through administrative adjudication of charges of non-vehicular violations of this Code. All provisions of this 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. The village reserves its right to employ all other means and methods available under the law to enforce this Code, including direct application to the courts.
(B) PA 90-0516 to be found at Section 1-2.1-2 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 also provides that a home rule unit may exercise and perform concurrently with the state any power or function of a home rule unit to the extent that the General Assembly by law does not specifically limit the concurrent exercise or specifically declare the state's exercise to be exclusive (Illinois Constitution, Art. VII, Sec. 6(i)(1970)). The Illinois Constitution further provides that the powers and functions of home rule units shall be construed liberally (Illinois Constitution, Art. VII, Sec. 6(m)(1970)).
(Ord. 2004-O-009, passed 1-27-04)