6-2-9: ENFORCEMENT OF PROVISIONS 1 :

   A.   Violations Unlawful: It is unlawful for any person to do any act forbidden or fail to perform any act required in this title. (1976 Code §19-3)

   B.   Violation Of Regulations Imposed By Traffic Control Agreements: It shall be unlawful for any person to violate any regulation imposed pursuant to the provisions of a traffic control agreement entered into pursuant to 625 Illinois Compiled Statutes 5/11-209 or 5/11-209.1, as amended.

Any person charged with a violation of this subsection may, in lieu of prosecution for a violation thereof, make payment in accordance with section 1-4-2 of this code. (1976 Code §19-23)

   C.   Bail: Any person arrested for a violation of any provision of this title shall be released upon proper bail being furnished as required by statute 2 . (1976 Code §19-4)

   D.   Traffic Tickets: For all offenses herein, police officers may issue a traffic violation complaint/citation notifying the offender to appear in court at the time designated for hearing such case. Officers may sign a complaint for the issuance of a warrant if the offender does not appear at the time and place so specified. (1976 Code §19-5)

   E.   Settlement Of Certain Violations:

      1.   Any person charged with a violation of the following provisions of this title may, in lieu of prosecution for a violation thereof, make payment in accordance with section 1-4-2 of this code: (1976 Code §19-95)

Chapter 4
6-4-4A, B

Chapter 5
6-5-2B, 6-5-4C, 6-5-7D, 6-5-9

Chapter 8
6-8-2A2 through A4, B, D, 6-8-3-1, 6-8-3-3, 6-8-3-4, 6-8-3-5, 6-8-3-7, 6-8-3-8, 6-8-3-9, 6-8-4, 6-8-5, 6-8-6, 6-8-7, 6-8-8, 6-8-9

Chapter 8A
6-8A-7B

Chapter 9
6-9-1 through 6-9-3

(1991 Code; amd. Ord. 2005-35, 5-19-2005)

      2.   Any person violating chapter 5 of this title may, in lieu of prosecution for violation thereof, make payment in accordance with section 1-4-2 of this code if provision is made in said section for such payment. (1976 Code §19-119)

   F.   Fines In Traffic Cases:

      1.   General Violations: A violation of any provision of this chapter, unless otherwise specified, or a violation of any offenses classified as "petty" offenses under the provisions of the Illinois vehicle code, except those where a minimum fine is otherwise specified by the statute, shall be punishable by a fine of not less than seventy five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) for each offense. This fine amount shall expressly be exclusive of court costs and fees that may be imposed in addition to the fine amount.

      2.   Certain Speeding Violations:

         a.   All violations for driving a vehicle at a speed which is twenty one (21) to thirty (30) miles per hour greater than the applicable statutory maximum speed limit shall be punishable by a minimum fine amount of ninety five dollars ($95.00) for each offense. This fine amount shall expressly be exclusive of any court costs and fees that may be imposed in addition to the fine amount.

         b.   All violations for driving a vehicle at a speed which is thirty one (31) miles per hour or greater than the applicable statutory maximum speed limit shall be punishable by a minimum fine amount of one hundred five dollars ($105.00) for each offense. This fine amount shall expressly be exclusive of any court costs and fees that may be imposed in addition to the fine amount. (Ord. 2006-42, 7-20-2006)

   G.   Driver's License Suspension: The village may cause a suspension of a person's driver's license pursuant to section 6-306.5(f) of the Illinois vehicle code, as amended, of any person who fails to satisfy any fine or penalty imposed by final judgment for ten (10) or more violations of village standing, parking, or compliance regulations as set forth in this code.

When notice is required to be sent pursuant to section 6-306.5(f)(2) of the Illinois vehicle code, as amended, it shall be sent to the person liable for any fine or penalty and shall state that failure to pay the fine or penalty owing within forty five (45) days of the notice's date will result in the village notifying the secretary of state that the person's driver's license is eligible for suspension pursuant to section 6-306.5 of the Illinois vehicle code, as amended.

The notice provided for above shall be sent by first class United States mail, postage prepaid, to the address recorded with the secretary of state or at the last address known to the lessor of the cited vehicle at the time of lease. (Ord. 2012-37, 6-28-2012)

Each notice set forth above shall also provide that, within fifteen (15) days after the date of mailing such notice, the recipient(s) may challenge the accuracy of such notice. The grounds to challenge the notice are limited to:

      1.   The recipient not having been the owner or lessee of the vehicle or vehicles receiving ten (10) or more village standing, parking or compliance violation notices on the date or dates such violation notices were issued; or

      2.   The recipient having already paid the fine or penalty for the ten (10) or more standing, parking or compliance violations.

Any recipient wishing to challenge the accuracy of such notice shall, within said fifteen (15) day period, send a written challenge to the village's chief of police containing:

      1.   A copy of the notice received; and

      2.   Written evidence supporting either of the grounds to challenge set forth above.

Within ten (10) days after receipt of a complete written challenge, the chief of police, or his designee, shall review the challenge and determine whether said challenge is valid. Within said ten (10) day period, the chief of police, or his designee shall send a written determination to the person making a challenge. (Ord. 2012-44, 8-23-2012)

 

Notes

1	1. See also sections 6-5-11 and 6-8A-8 of this title.
2	2. 725 ILCS 5/110-4.