A. General Penalty Imposed: Whenever in this code, or in any ordinance of the village, any act or omission is prohibited or is made or declared to be unlawful or an offense or a violation of this code, or whenever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a violation of this code, where no specific penalty is provided therefor, the violation of any such provision of this code or any ordinance is hereby declared to be an offense and shall be punishable by a fine of not less than fifty dollars ($50.00) and not more than seven hundred fifty dollars ($750.00). A separate offense shall be deemed committed on each day or part thereof on which a violation occurs or continues or is permitted to occur or continue.
In addition to any and all penalties for violation of the village ordinances provided in this code, anyone found to have violated any provisions of this code shall be responsible for any and all costs the village incurs in enforcing the terms of this code including, but not limited to, costs and expenses incurred by the village for law enforcement including any overtime or costs to call in off duty officers and any damage to property belonging to law enforcement officers or the village. In addition, any and all costs and expenses, including attorney fees, incurred by the village in enforcing this obligation shall be paid to the village by such a person found to be violating any provision of this code. (Ord. 2012-11, 4-10-2012)
In addition to any bail required in accordance with the laws of the state of Illinois, or any other state, or the United States Of America, any person arrested for violating a bailable municipal ordinance or state or federal law, shall pay a fee of twenty dollars ($20.00) for bail processing. (Ord. 2014-06, 12-9-2014)
B. Acts Consistent With Criminal Laws Of State: If, by the terms of this code or an ordinance, an act that would be consistent with the criminal laws of the state, is declared 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. The matter shall be prosecuted under the rules of criminal procedure of the state, and the village shall be required to establish guilt beyond a reasonable doubt.
C. Limitation; Compliance With Statute: The provisions of subsection A of this section notwithstanding, no penalty shall be greater than that established by state statute for the same offense.
D. Aiding In An Offense: Every person concerned in the commission of an act prohibited by this code, whether he directly commits the act or prosecutes, counsels, aids or abets in its commission, may be prosecuted and, upon conviction, is punishable as if he had directly committed such act.
E. Failure To Pay Fines: Any person who fails to pay the requisite penalty within fourteen (14) calendar days shall be assessed a double penalty thereafter with the violator to be prosecuted within forty-five (45) calendar days after the original violation if the penalty remains unpaid. A default in the payment of a fine or penalty or any installment of a fine or penalty may be collected by any means authorized for the collection of monetary judgments. The Village Attorney may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine or penalty or installment of that fine or penalty. Any fees or costs incurred by the Village with respect to attorneys or private collection agents retained by the Village Attorney under this section shall be charged to the offender. A double penalty shall not be assessed if a timely appeal is filed. (1999 Code § 1.12; amd. 2005 Code; Ord. 2021-10, 9-14-2021)
Notes
| 1 | 1. 65 ILCS 5/1-2-1, 1-2-1.1. |