(A) Whoever violates any provision of this code or other ordinance of this city, for which another penalty is not specifically provided, shall be fined not more than $750 for each and every violation thereof, and every day the violation continues shall constitute a separate offense.
(B) No provision of this code designating the duties of any city officer or employee shall be construed as to make the officer or employee liable for any fine or penalty provided in this code for a failure to perform the duty, unless the intention of the City Council to impose such a fine or penalty on the officer or employee is specifically and clearly expressed in the section creating the duty.
(C) As provided herein, police officers of the city and, in instances of violation of Building and Health Codes, the Building Inspector shall issue an ordinance violation ticket, hereinafter referred “OVT,” for certain minor ordinance violations in lieu of arrest or the immediate prosecution in the Circuit Court of the state.
(1) An OVT shall only be issued for a city ordinance violation other than a violation involving circumstances in which an individual is accused of driving under the influence of alcohol or illegal drugs, circumstances in which an individual is accused of driving more than 15 miles per hour over the applicable speed limit, circumstances posing a threat to the safety of the community or for violations of Chapter 72 of the city.
(2) An OVT shall not be issued to any individual who has previously been issued an OVT for the same ordinance violation within the preceding six-month period.
(3) An OVT shall only be issued in instances in which the individual accused of an ordinance violation cooperates fully with the police officers and/or in the relevant investigation of the alleged ordinance violation.
(4) The following procedures apply herein:
(a) When an OVT is issued, the individual accused may settle and compromise the claim against him or her by paying the city a fine in the amount of $50 within ten days of date of issuance. When compliance with an ordinance is required, the person accused shall satisfy the proper city authorities that compliance has been completed within the ten-day period.
(b) In the event that payment of the aforesaid $50 fine and the compliance as required are not accomplished within the ten-day period, the applicable fine shall be increased to the amount of $60 for the period beginning the eleventh day and including the thirtieth day after issuance of the OVT. The offender shall have until the close of business on the thirtieth day to satisfy the $60 charge and comply with the violated ordinance.
(c) If the person accused of the violation does not settle the charge, including payment of the fine and compliance where required, by the thirtieth day, a complaint will be filed in the Circuit Court for the violation. The offender shall be subject to fines, penalties and court costs, as fully set forth in the applicable provisions of the city ordinances and statutes of the state.
(1986 Code, § 1-4) (Ord. 1991-19, passed 10-7-1991; Ord. 2012-08, passed 7-2-2012)
State Constitution reference:
Imprisonment for debt, see Const., Art. I, § 14
Statutory reference:
Authority to imprison for certain ordinance violations, see ILCS Ch. 65, Act 5, § 1-2-1.1
Limitations on penalties and collection upon default in payment, see ILCS Ch. 65, Act 5, § 1-2-1
Punishments for violations of ordinances, see ILCS Ch. 65, Act 5, §§ 1-2-1 et seq.