(A) Whenever in this code the doing of any act or the omission to do any act constitutes a breach of any section or provision of this code, and there shall be no fine or penalty declared for such breach, any person, firm or corporation who shall be convicted of any such breach shall be fined not less than $100 nor more than $750 for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(B) (1) All actions for violations of the provisions of this code shall be commenced by the issuance of a citation by the enforcing officer to the person committing such violation, hereinafter called the defendant. The citation shall be on a form provided by the city and shall set forth the offense, the name of the defendant, the location, date and time of the offense, the place, date and time for the defendant to appear in Circuit Court and the penalty for the violation. A copy of the citation shall be kept with the records of the Police Department.
(2) The citation form utilized for this purpose shall include the following statements on the complaint or bond form:
“In the event you fail to appear in court at the time and place specified in this citation, or on any date to which the case may be continued, the court may enter an ex parte judgment against you assessing fines, penalties and costs in an amount not to exceed the sum of $750, the maximum fine authorized for the violation charged in this citation.”
(3) If the defendant does not appear on the date set for appearance or any date to which the case may be continued, the court may enter an ex parte judgment against the defendant assessing fines, penalties and costs in an amount determined by the court not to exceed the amount set forth in the notice in division (B)(2) above.
(C) (1) Whenever a defendant who has been issued a citation to appear in Circuit Court in accordance with the provisions of §§ 10.20, 10.99, 130.01 through 130.05, or any other provisions herein so providing, fails to appear at the place, date and time set forth in the citation and ex parte monetary judgment in an amount provided in the Code of Villa Grove as determined by the Court may be requested by the City Attorney and entered by the Court as it determines appropriate.
(2) After such an ex parte judgement has been entered by the Court, a citation to discover assets can be furnished to such defendant in compliance with applicable law. If a defendant fails to appear in court pursuant to such a citation to discover assets, a warrant can be issued for his or her arrest.
(D) In case of amendment of any section of this code, containing the provisions for which a penalty is provided in another section, the penalty so provided in such other section shall be held to relate to the amended section or the amending section, whether reenacted in the amendatory ordinance or not, unless such penalty is specifically repealed therein.
(E) In addition to the monetary fines provided for in the foregoing divisions of this section, the violator shall also pay the costs incurred by the city as a result of such violations, including the towing costs for any vehicle or property and the storage costs for any towed or impounded vehicle or property resulting from such violations. Such costs may be paid in any non-judicial voluntary payment or adjudication of such ordinance violations and, in the event of judicial prosecution for such violation, the court may order that such costs be paid by the violator.
(1992 Code, § 10.99) (Am. Ord. 081202A, passed 8-12-2002; Am. Ord. 112502A, passed 11-25-2002; Am. Ord. 2009-MC04, passed 3-9-2009)
Statutory reference:
Authority to imprison for certain ordinance violations, see ILCS Chapter 65, Act 5, § 1-2-1.1
Limitations on penalties, see ILCS Chapter 65, Act 5, § 1-2-1