(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) Reporting of violation. A violation will be handled like all other ordinance violations; upon information or belief that a violation of §§ 31.085 through 31.087 has been committed by any “officer” or “employee” of the city, then that information should be directed to the Chief of Police, or any other law enforcement agency having jurisdiction over the place where the violation occurred, so that a report can be prepared and sent to the County State’s Attorney’s office for a determination to be made if a violation has occurred.
(2) Penalties.
(a) A person who intentionally violates any provision of § 31.086 may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500.
(b) A person who intentionally violates any provision of § 31.087 is subject to a fine in an amount of not less than $1,001 and not more than $5,000.
(c) Any person who intentionally makes a false report alleging a violation of any provision of §§ 31.085 through 31.087 to the State’s Attorney or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500.
(d) A violation of § 31.086 shall be prosecuted as a criminal offense by the State Attorney by filing in the circuit court an information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt. The State’s Attorney may prosecute a violation of § 31.087 as a quasi-criminal offense.
(Ord. 05-06, passed 8-17-2005)