§ 1-16. General penalties.  


Latest version.
  • (a)

    Amount. Whenever in this Code or any ordinances of the village any act is prohibited or is made or is declared to be unlawful or an offense, 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, where no specific penalty is provided therefor, the violation shall be declared to be a misdemeanor punishable by a fine of not less than $25.00 nor more than $750.00, unless a greater fine is authorized or mandated by state law. In addition, the village may impose incarceration of up to six months as provided in 65 ILCS 5/1-2-1.1.

    (b)

    Applicability. The penalty provided in this section shall be applicable to every section of this Code the same as though it were a part of each and every separate section.

    (c)

    Separate offenses. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this Code.

    (d)

    Continuing violations. Each day any violation of any provision of this Code or ordinance shall continue shall constitute a separate offense.

    (e)

    Violations as nuisances. Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief and by such other means as are provided by law. Further, any condition caused or permitted to exist in violation of any of the provisions of this Code or any such ordinance, resolution, rules, regulation or order shall be deemed a public nuisance and may be abated by the City as provided by law.

    (f)

    Conflicting penalty provisions. In all cases where the same offense is made punishable or is created by different clauses or sections of this Code, the prosecuting officer may elect under which to proceed but not more than one recovery shall be had against the same person for the same offense.

    (g)

    Equitable remedies; administrative sanctions. The imposition of a penalty does not prohibit equitable relief or revocation or suspension of a license, permit, or franchise or the imposition of other administrative sanctions.

(Code 1997, § 1-10; Ord. No. 10-04-15, § 1, 4-6-2010)

State law reference

Penalties authorized for violation of ordinances, 65 ILCS 5/1-2-1; penalties for local misdemeanors include authority for incarceration up to six months, 65 ILCS 5/1-2-1.1; publication of penal ordinances, 65 ILCS 5/1-2-4; enforcement of ordinances, 65 ILCS 5/1-2-7; adoption of penalty provisions by reference, 65 ILCS 5/1-3-4.