A. Whenever any village officer or official is authorized to charge a person or arrest a person without a warrant for a violation of the law in respect to any of the subjects enumerated in subsection B of this section, the village officer or official may, in lieu of filing a complaint in court, issue the alleged violator a citation which shall comply with the provisions of this section.
B. The authority of a village officer or official to issue a citation in lieu of a complaint in court is specifically limited to the following subjects and laws in regulation thereof:
1. Prohibiting and restricting the stopping, standing or parking of a vehicle or house trailer in any designated area.
2. Restricting the length of time a vehicle may be parked there.
3. Restricting certain uses of vehicles.
4. Requiring the purchase and display of a vehicle sticker.
5. Regulating dogs, cats and animals.
6. Regulating burning, dumping or placement of refuse receptacles, and placement of waste containers. (1976 Code §13-1)
Storage creating a fire hazard. Unsanitary deposits. Illegal collection of recyclable materials. Certain regulations regarding commercial scavenger service. (Ord. 2011-45, 9-8-2011)
7. Bicycle safety equipment requirements and regulations concerning bicycle operation.
8. Requiring the owner or occupant of every house, building or structure to place figures showing the address number thereon. (1976 Code §13-1)
9. Regulating public sidewalks, public streets, bike paths and public ways. (Ord. 2004-30, 5-20-2004)
10. Requiring the use of barricades and other safety devices on public property.
11. Regulating the construction of buildings (certain provisions).
12. Requiring certain licenses or permits.
13. Requiring the destruction of noxious and improper growth of weeds within the village limits.
14. Regulating nuisances.
15. Regulating certain zoning uses and restrictions.
16. Regulating certain vehicle equipment, vehicle loads and operation of vehicles.
17. Regulating traffic and other matters, including regulations with respect to skateboarding, rollerskating and bicycle riding, on private property pursuant to traffic control agreements. (1976 Code §13-1)
18. Regulating the purchase and/or possession of tobacco products. (Ord. 89-16, 3-23-1989)
19. Regulating the use of fire hydrants.
20. Regulating the use of water supply. (Ord. 2006-43, 8-3-2006)
21. Regulating the presence of person(s) under the age of seventeen (17) years at specified locations during set days and times ("curfew"). (Ord. 2010-25, 5-6-2010)
22. Regulation of peddlers and commercial solicitors. (Ord. 2012-45, 8-23-2012)
C. The citation provided for in subsection B of this section shall have printed thereon statements which in substance:
1. Advise the person that he has violated a specific ordinance;
2. Request him to make payment in an amount applicable to the alleged violation as set forth in subsection G of this section as settlement of the violation claim; and
3. Inform him that upon failure to so settle, a complaint will be filed in the circuit court of DuPage County, 18th judicial court, charging him with the violation.
D. Pursuant to the citation specified in this section, the person accused of the violation may settle the violation claim by paying to the village the applicable amount as shown in the schedule set forth in this section within a period to be specified in the citation, which period shall be not more than fifteen (15) days from the time the alleged offense was committed. The settlement payment shall be made in accordance with the instructions contained in the citation at the office of the police department which shall issue a receipt for the money so received and promptly remit the amount to the finance department which shall in turn credit it to the proper village fund. (1976 Code §13-1)
E. In the event that the person to whom the citation is issued fails to settle and pay the violation claim within fifteen (15) days of issuance of the citation, a final notice shall be issued. If payment of the prescribed amount plus twenty dollars ($20.00) is not made within fifteen (15) days of issuance of the final notice, then an additional fine shall be assessed. If payment of the prescribed amount plus an additional forty dollar ($40.00) fine is not made within thirty (30) days of issuance of the final notice, then an additional fine shall be assessed. If payment of the prescribed amount plus an additional seventy five dollars ($75.00) is not made within forty five (45) days of issuance of the final notice then the village officer or official is authorized to cause a notice to appear to be served upon the alleged violator and the village officer or official is authorized to file a complaint in the 18th judicial circuit court of DuPage County. (Ord. 2011-72, 12-21-2011)
F. For the purposes of this section, registration with the secretary of state or with a municipality of a vehicle involved in any violation and the owner of record disclosed by such registration shall be prima facie evidence that the owner of record in such registration is the violator and that he was in control of or was the operator of the automobile or motor vehicle at the time of the alleged violation. (1976 Code §13-1)
G. Settlement of a violation claim established by citation may be made prior to issuance of the final notice by payment of the appropriate settlement fee as provided in the following schedule 1 :
1. Violations with respect to prohibiting and restricting the stopping, standing or parking of a vehicle in any designated area: | |||
Parking on a sidewalk, parkway or bike path (6-5-1A) | $ 30.00 | ||
Parking in front of a public or private driveway (6-5-1B) | 30.00 | ||
Parking within an intersection (6-5-1C) | 30.00 | ||
Parking within 15 feet of a fire hydrant (6-5-1D) | 50.00 | ||
Parking on a crosswalk (6-5-1E) | 30.00 | ||
Parking within 20 feet of a crosswalk at an intersection (6-5-1F) | 30.00 | ||
Parking alongside or opposite any street excava- tion or obstruction when such parking would be obstructing traffic (6-5-1J) | 30.00 | ||
Parking on the roadway side of any vehicle parked at the edge or curb of a street (6-5-1K) | 30.00 | ||
Parking in or upon any highway or within a subway (6-5-1L) | 30.00 | ||
Parking, stopping or standing of a vehicle or house trailer where and when the same is prohibited or | 30.00 | ||
Parking on the streets during snow removal (6-5-4C) | 30.00 | ||
Parking within 30 feet upon the approach to a flashing beacon, stop sign or traffic control signal located at the side of the roadway (6-5-1G) | 30.00 | ||
Parking between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the department or local authorities on highways under their respective jurisdiction shall permit such parking (6-5-1H) | 30.00 | ||
Parking within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance when properly signposted (6-5-1I) | 30.00 | ||
Parking vehicles "for sale" (6-5-4D) | 30.00 | ||
Storing of unlicensed vehicles (6-5-9) | 60.00 | ||
Parking in a handicapped zone (6-5-7D) | 300.00 | ||
Permitting a vehicle to stand unattended without first stopping the engine, locking the ignition, and removing the key, or where standing upon any perceptible grade without effectively setting the brake thereon and turning the front wheels to the curb or side of the highway (6-5-3) | 30.00 | ||
Parking where angle is permitted and failing to park within consecutive lines or markings on the pave- ment and/or failing to park with the right front wheels adjacent to the curb (6-5-2B) | 30.00 | ||
Parking in, upon or along any designated fire lane (6-5-1M) | 50.00 | ||
Parking upon a street, other than an alley, which restricts free movement of traffic (6-5-4A) | 30.00 | ||
Unlawful to parallel park vehicle more than 12 inches from curb (6-5-2A) | 30.00 | ||
Unlawful parking of a motor vehicle on private property without permission of owner (6-5-8A) | 30.00 | ||
Unlawful parking of a truck in any business district, except when loading/unloading or between 11:00 P.M. and 7:00 A.M. (9-10-2I) | 30.00 | ||
Unlawful off street parking of a vehicle in a front yard (6-5-12A) | 50.00 | ||
Unlawful off street parking of a vehicle in a side or rear yard (6-5-12B) | 50.00 | ||
Removal of unlawfully parked vehicles (6-5-11A) | 50.00 | ||
2. Violations with respect to restricting the length of time a vehicle may be parked in any designated area: | |||
Parking during certain hours on certain village streets (6-6-9) | $ 30.00 | ||
3. Reserved. | |||
4. Violations with respect to the regulation and licensing of dogs, cats and animals: | |||
Failing to obtain rabies inoculation for the current period for a dog or cat over 4 months of age (5-6A-4A) | $ 30.00 | ||
Permitting a dog or cat to run at large or on property other than that of the owner (5-6A-3) | 30.00 | ||
Permitting a dog or cat to run at large a second time within a 12 month period (5-6A-3) | 50.00 | ||
Permitting a dog or cat to run at large a third or subsequent time within a 12 month period (5-6A-3) | 100.00 | ||
Housing, keeping or maintaining within a single dwelling unit, more than 3 dogs or 3 cats, or any combination thereof, over the age of 4 months (5-6A-2) | 30.00 | ||
Unauthorized killing of animal (5-6-4) | 50.00 | ||
5. Violations with respect to regulation of unsanitary deposits or dumping, collection or the placement of waste containers, landscape waste units, landscape waste toters or recyclable materials: | |||
Permitting the storage of or storing of any combustible refuse, landscape waste material, or recyclable material in such a way as to create a fire hazard (4-2-5C) | $ 50.00 | ||
Unsanitary deposits (4-2-5D) | 50.00 | ||
Placing of waste containers, landscape waste unit or landscape waste toter at the curb or parkway sooner than 3:00 P.M. on the date prior to scheduled collection or failure to remove containers from the curb or parkway prior to 8:00 P.M. on the date of scheduled collection (4-2-2-1B) | 10.00 | ||
Violation of subsection 4-2-3B2 of this code | 100.00 | ||
Violation of subsection 4-2A-5-2D of this code | 30.00 | ||
6. Violations with respect to nuisances: | |||
Any nuisance violation as defined by this code (4-1-1) | 30.00 | ||
7. Violations with respect to bicycle equipment: | |||
Failure to equip with a brake which will adequately control movement of and stop and hold such bicycle (6-9-2A2) | 5.00 | ||
Failure to equip with a lamp on the front emitting a white light visible from a distance of at least 500 feet to the front and a red reflector on the rear visible from all distances from 100 feet to 600 feet (6-9-2A1) | 5.00 | ||
8. Violations with respect to bicycle operation regulations: | |||
Failure to obey official traffic signals, signs or other control devices (6-9-1B) | 10.00 | ||
Failure to ride other than upon or astride a perma- nent and regular seat attached thereto (6-9-1D1) | 5.00 | ||
Carrying more persons at one time than the number for which it is designed and equipped (6-9-1D2) | 5.00 | ||
Operating bicycle at a speed greater than is reason- able and prudent under the conditions then existing (6-9-1E) | 10.00 | ||
Failure to operate a bicycle upon a roadway as near to the right side of the roadway as practicable (6-9-1F) | 10.00 | ||
Failure to exercise due care when passing a standing vehicle or one proceeding in the same direction (6-9-1F) | 10.00 | ||
Failure to yield right-of-way to pedestrians approaching on the sidewalk or sidewalk area (6-9-1G) | 10.00 | ||
Failure to yield the right-of-way to vehicles approaching on the roadway when entering the roadway (6-9-1G) | 10.00 | ||
Attaching bicycle or himself/herself to any vehicle upon a roadway (6-9-1I) | 10.00 | ||
Failure to ride single file upon a roadway (6-9-1K) | 5.00 | ||
Operating a bicycle upon a sidewalk within a business district (6-9-1J1) | 5.00 | ||
Operating a bicycle while carrying packages, bundles or articles which prevent the driver from keeping both hands upon the handlebars (6-9-1L) | 5.00 | ||
Failure to park upon the roadway against the curb, upon a sidewalk in a rack to support the bicycle, against a building or curb in such manner as to afford the least obstruction to pedestrian traffic (6-9-1H) | 5.00 | ||
9. Violations with respect to the placement of addresses on houses, buildings and structures: | |||
Failure of the owner or occupant to have placed upon every house, building or structure, so as to be clearly visible from the street, figures showing the number of the house, building or structure (8-1A-15) | $ 30.00 | ||
10. Violations with respect to public sidewalks, public streets and public ways: | |||
Depositing on public sidewalks or public streets snow which accumulates upon and is removed from any adjacent private property or from the area between the lot line and curb line of the street (7-1-1B) | $ 30.00 | ||
Depositing harmful materials on streets/public rights-of-way (7-1-1A) | 30.00 | ||
Failing to purchase permit for work on public property (7-1-2A) 35.00 plus cost of permit | |||
Prohibited species of vegetation (7-4-4) | $ 30.00 | ||
Failure to prevent interference of trees or shrubbery (7-4-6) | 30.00 | ||
Failure to remove diseased, dead, violating vegetation (4-1-1P) | 30.00 | ||
Failure to provide proper barricades (7-1-3C and/or 8-1A-7C) | 50.00 | ||
11. Violations with respect to the destruction of noxious and improper growths of weeds: | |||
Failure of owners of land within the Village limits upon which noxious weeds are found growing to destroy the noxious weeds before they reach a seed bearing stage (4-3-2A1) | $ 30.00 | ||
Failure of owners of land within the Village limits upon which improper growths of weeds or grasses are found growing to destroy such improper growths of weeds or grasses (4-3-2A2) | 30.00 | ||
12. Failure to assist police: | |||
Any person who shall refuse to give aid and assis- tance to a requesting police officer (5-1-8A) | 30.00 | ||
13. Violations with respect to the construction of buildings: | |||
Failing to purchase a building permit (8-1A-9A) 35.00 plus cost of license or permit | |||
Failing to comply with construction hours (8-1A-16): | |||
For a first offense | $150.00 | ||
For a second offense | 250.00 | ||
For a third or subsequent offense | 350.00 | ||
14. Violations with respect to certain licenses or permits: | |||
Failing to purchase a business license or permit (3-1-3) 50.00 plus cost of license or permit | |||
Failure to purchase a peddler license (3-5A-2) or commercial solicitor certificate of registration (3-5B-3A) $100.00 plus cost of license or certificate of registration | |||
15. Violations with respect to certain uses of vehicles: | |||
Use of vehicle for advertising (6-4-17B) | $ 30.00 | ||
Violation - mandatory seat belt usage (6-8-9) | 30.00 | ||
Unlawful riding on a vehicle not designated or intended for the use of passengers (6-4-17A) | 50.00 | ||
A person or rider clinging to a moving vehicle or knowingly allowing a person or rider to attach himself to a moving vehicle (6-4-17C) | 75.00 | ||
16. Violations with respect to zoning: | |||
Failing to purchase fence permit (9-12-3) 35.00 plus cost of permit | |||
Failing to properly construct, maintain fences (9-12-3C) | $ 30.00 | ||
Failing to purchase sign permit (9-11-2) 35.00 plus cost of permit | |||
Violation of general provisions relating to signs with respect to signs located on property zoned for single-family residential use (9-11-7A1) | $ 30.00 | ||
Conducting prohibited home occupations (9-5-3) | 30.00 | ||
Parking of commercial vehicle in residential district (9-10-2K1) | 30.00 | ||
Parking in residential districts of recreational vehicles, boats, off road vehicles, personal watercrafts, and trailers (9-5-1C) | 30.00 | ||
Prohibited signs (9-11-3D,H,J,K,L) | 30.00 | ||
General standards (9-11-4B,E,F) | 30.00 | ||
Temporary signs (9-11-10B,C,E,F) | 30.00 | ||
17. Violations with respect to certain vehicle equipment, vehicle loads and equipment: | |||
Lamps or flags on projecting loads (6-8-3-4) | $ 30.00 | ||
Spot lamps and auxiliary driving lamps (6-8-3-3) | 30.00 | ||
Signal lamps and signal devices (6-8-3-5) | 30.00 | ||
Additional lighting equipment (6-8-3-7) | 30.00 | ||
Use of headlamps (6-8-3-9) | 30.00 | ||
Number of driving lamps required or permitted (6-8-3-8) | 30.00 | ||
Brake equipment required (6-8-4) | 30.00 | ||
Horns and warning devices (6-8-5) | 30.00 | ||
Mufflers, prevention of noise (6-8-6) | 30.00 | ||
Mirrors (6-8-7) | 30.00 | ||
Windshields to be unobstructed and equipped with wipers (6-8-2) | 30.00 | ||
Tire equipment (6-8-8) | 30.00 | ||
Spilling loads on highways (6-8A-7B) | 30.00 | ||
When signal required (6-4-4) | 30.00 | ||
Signals by hands or arms or signal device (6-4-4B) | 30.00 | ||
Turn signal lamps and devices required (6-8-3-5B) | 30.00 | ||
Lights required generally (6-8-3-1) | 30.00 | ||
18. Violations with respect to traffic control agreements: | |||
Any regulation imposed pursuant to provisions of traffic control agreements (6-2-9B) | 30.00 | ||
19. Violations with respect to possession and/or purchase of tobacco products by a minor, as defined herein: | |||
Sale or delivery to minors, under age twenty-one (21) (3-8-6A) | $100.00 | ||
Purchase by minors, under age twenty-one (21) (3-8-6C) | 50.00 | ||
Possession by minors, under age eighteen (18) (3-8-6D) | 30.00 | ||
20. Violations with respect to the possession or sale of alcoholic liquor to a person under twenty one (21) years of age: | |||
Possession by minors (3-3-22A1) | $ 50.00 | ||
Sale or delivery to minors (3-3-21C) | 100.00 | ||
21. Violations with respect to automatic protection and signaling devices: | |||
Permit required (5-2-2A) | 50.00 | ||
Charges for failure to pay false alarms (5-2-8B) | 50.00 | ||
22. Violations with respect to the use of fire hydrants (7-5B-7): | |||
For a first offense | 250.00 | ||
For a second offense | 500.00 | ||
For a third or subsequent offense | 750.00 | ||
23. Violations with respect to water conservation measures (7-5B-10): | |||
For a first offense | 50.00 | ||
For a second offense | 125.00 | ||
For a third or subsequent offense | 500.00 | ||
24. Violations with respect to curfew regulations: | |||
Curfew violations (5-7A-1) | 75.00 | ||
25. | Violations with respect to the regulation of open burning (4-6-2): | ||
For a first offense | 50.00 | ||
For a second offense | 100.00 | ||
For a third or subsequent offense | 200.00 | ||
26. | Violations with respect to possession and/or public use of cannabis: | ||
Possession by minors, under age twenty-one (21) (5-7C-1) | 100.00 | ||
Improper possession/storage of cannabis during transportation | 100.00 | ||
Public use of cannabis (5-7C-1) | 100.00 | ||
H. In the event that payment is not made within the time prescribed in the final notice, and a notice to appear has been served and a complaint filed in the 18th Judicial Circuit Court of DuPage County, payment of any fine and costs shall be in such amounts as may be determined and established by the court, but in no case shall the fine be less than the amount prescribed in subsection G of this section. (1976 Code §13-1)
I. Except as otherwise provided for in this section, the sum of fifteen dollars ($15.00) shall be added to the amount necessary to settle any violation committed for a second time within the previous twelve (12) calendar months and the sum of thirty dollars ($30.00) shall be added to the amount necessary to settle any violation committed for a third time within the previous twelve (12) calendar months.
J. Any individual authorized to issue parking, standing or compliance violation notices shall, instead of issuing said violation notice, file a complaint in court or, in lieu thereof, issue a citation as otherwise provided in this Code. (Ord. 93-03, 1-14-1993; amd. Ord. 96-26, 6-13-1996; Ord. 2004-11, 4-1-2004; amd. Ord. 2004-30, 5-20-2004; Ord. 2005-26, 4-21-2005; Ord. 2005-35, 5-19-2005; Ord. 2005-47, 8-18-2005; Ord. 2006-16, 4-20-2006; Ord. 2006-43, 8-3-2006; Ord. 2007-16, 4-5-2007; Ord. 2009-56, 11-19-2009; Ord. 2010-25, 5-6-2010; Ord. 2010-43, 8-19-2010; Ord. 2011-45, 9-8-2011; Ord. 2012-45, 8-23-2012; Ord. 2017-51, 9-21-2017; Ord. 2018-3, 3-15-2018; Ord. 2020-6, 2-6-2020)
Notes
| 1 | 1. The numbers in parentheses in this schedule represent the section or subsection of this code where regulations are set forth. |