G48-85 Ordinance No. G48-85
AN ORDINANCE
AMENDING CHAPTER 1.20 ENTITLED GENERAL PENALTY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Chapter 1.20 entitled "General Penalty" of the Elgin Municipal
Code, 1 976, as amended, be and is hereby repealed.
Section 2. That Chapter 1.20 entitled "General Penalty--Citations" be and is
hereby added to the Elgin Municipal Code, 1976, as amended, as follows:
"1.20 General Penalty--Citations
1.20.010 Definitions
A. The word "officer" shall mean police officers and inspectors or agents of the
Bureau of Inspection Services.
B. The word "person" includes a natural person, firm, partnership, association,
sole proprietorship or corporation as well as any agents, representatives or employees
thereof upon whom responsibility or liability is imposed by this code for the violation
cited.
1.20.020 General Penalty for Ordinance Violation
A. Any person violating any of the provisions or failing to comply with any of the
mandatory requirements of the ordinances of the city shall be guilty of an offense.
Except in cases where a different penalty is prescribed by any ordinance of the city, any
person convicted of an offense under the ordinances of Elgin shall be punished by a fine
of not less than fifty dollars nor more than five hundred dollars.
B. Any person shall be guilty of a separate offense for each and every day during
any portion of which any violation of any provision of the ordinances of the city is
committed, continued or permitted by any such person, and he shall be punished
accordingly.
C. In all cases where the same offense is made punishable or is created by
different clauses or sections of an ordinance 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; provided, that the revocation of a license or permit shall not be
considered a recovery or penalty so as to bar any other penalty being enforced.
D. The levy and/or payment of any penalty or fine provided in this chapter shall
not be deemed a waiver of the power of the City of Elgin to suspend, revoke or refuse to
renew any license or permit for cause.
1.20.030 Citation and Settlement in Lieu of Prosecution for Certain Offenses
Whenever an officer observes a violation of certain provisions of this code as
°"` specified in Section 1.20.060 of this Chapter or has probable cause to believe that such a
violation has occurred and that a particular person is responsible, said officer may, in
lieu of the filing of a complaint in court, issue to the alleged violator a citation which
shall:
1. Advise said person that the same has violated a specified ordinance.
2. Request said person to make payment in an amount applicable to said
alleged violation as set forth in Section 1.20.050 as settlement of said claim.
3. Advise said person, where applicable, to cease and/or abate said violation
forthwith and to refrain from like violations in the future.
4. Inform said person that, upon failure to so settle the claim and to cease
and/or abate said violations, a complaint will be filed in the Circuit Court of Kane
County.
1.20.040 Service of Citation
Citations as provided by Section 1.20.030 of this Chapter shall be personally served
upon the person responsible for the violation, his agent, representative, independent
contractor or employee. In the event the owner, occupant, contractor or other person
responsible for the violation can not be located the citation may be served by posting a
copy at the property, structure or vehicle where the violation has occurred and sending a
copy certified mail, return receipt requested, to the last known addrss of such person.
1.20.050 Settlement of Claim
A. Any person served with a citation pursuant to Section 1.20.040 may settle and
compromise the violation claim in respect of such ordinance violation by ceasing and/or
abating said violation and paying to the City the applicable amount as shown and within
the time period set forth in the schedule set forth in Section 1.20.060 of this Chapter.
B. In the event that payment is not made within the time prescribed and a
complaint has been filed in the Circuit Court of Kane County, payment of any fine and
costs shall be in such amounts as may be determined by and established by the Circuit
Court of Kane County within the limits established by this code.
1.20.060 Violation and Settlement Schedule
A. Citations may be issued, pursuant to Section 1.20.020 for violations of the
following provisions of the Elgin Municipal Code:
Chapter 6.03 (Licenses and Permits) all sections;
Chapter 6.09 (Amusements) all sections;
Chapter 6.12 (Auctioneers) all sections;
Chapter 6.21 (Fire Insurance Company) all sections;
Chapter 6.24 (Handbills) all sections;
Chapter 6.27 (Housemovers) all sections;
Chapter 6.30 (Itinerant Merchants) all sections;
Chapter 6.31 (Massage Establishments and Massage Service) all sections;
Chapter 6.33 (Miniature Golf Courses) all sections;
Chapter 6.36 (Nursing Homes) all sections;
Chapter 6.39 (Outdoor Advertising) all sections;
Chapter 6.42 (Pawnbrokers) all sections;
Chapter 6.45 (Peddlers and Solicitors) all sections;
Chapter 6.46 (Peddlers and Solicitors in Fountain Square Plaza Mall) all
sections;
Chapter 6.48 (Public Dances) all sections;
Chapter 6.51 (Public Garages and Parking Lots) all sections;
Chapter 6.54 (Scavengers) all sections;
Chapter 6.57 (Service Stations) all sections;
Chapter 6.60 (Shooting Galleries) all sections;
Chapter 6.63 (Skating Rinks) all sections;
Chapter 6.66 (Taxicabs) all sections;
Chapter 6.69 (Theaters) all sections;
Chapter 6.72 (Tobacco Dealers) all sections;
Chapter 6.75 (Trailers and Trailer Camps) all sections;
Chapter 6.78 (Undertakers) all sections;
Chapter 6.81 (Pet Shops) all sections;
Chapter 9.04 (Health and Sanitary Regulations) all sections;
Chapter 9.08 (Food Stores) all sections;
Chapter 9.10 (Food Service Establishments) all sections;
Chapter 9.11 (Food Refrigeration and Locker Plants) all sections;
Chapter 9.12 (Food Delivery Vehicles) all sections;
Chapter 9.14 (Automatic Food Vending Machines) all sections;
Chapter 9.16 (Plants and Weeds) all sections;
Chapter 9.20 (Dutch Elm Disease) all sections;
Chapter 9.24 (Garbage and Refuse) all sections;
Chapter 9.28 (Air Pollution) all sections;
Chapter 9.32 (Water Pollution) all sections;
Chapter 9.36 (Storage of Junk and Waste Matter) all sections;
Chapter 9.40 (Explosive and Flammable Liquids) all sections;
Chapter 9.44 (Unwholesome or Offensive Businesses) all sections;
Chapter 9.48 (Smoking Regulations) all sections;
Chapter 9.52 (Lawn Sprinkling) all sections;
Chapter 2.08 (Public Parks--General Regulations) all sections;
Chapter 13.04 (General Regulations--Streets and Sidewalks) all sections;
Chapter 3.08 (Driveways) all sections;
Chapter 3.16 (Street Openings and Closings) all sections;
Chapter 3.20 (Trees and Shrubs) all sections;
Chapter 6.04 (Building Code) all sections;
Chapter 6.08 (Building Operations) all sections;
Chapter 6.12 (Housing Code) all sections;
Chapter 6.16 (Signs, Awnings and Billboards) all sections;
Chapter 6.20 (Plumbing Code) all sections;
Chapter 6.24 (Electrical Code) all sections;
Chapter 6.28 (Fire Prevention Code) all sections;
Chapter 6.32 (Warm Air Heating Code) all sections;
Chapter 16.36 (Air-conditioning and Refrigeration Systems) all sections;
Chapter 6.40 (Burglary Security Code) all sections;
Chapter 6.44 (Roominghouses) all sections;
Chapter 9.06 (General Regulations--Zoning) all sections; and
Chapter 9.45 (Community Graphics) all sections.
• .
B. Citations issued for violation of those sections of the code specified above may
be settled and compromised by payment of the sum of twenty-five dollars ($25.00) if paid
within seven days of service of the citation and fifty dollars ($50.00) if paid after such
seven day period but before filing of a complaint in the Circuit Court of Kane County."
Section 3. That all ordinances or parts of ordinances in conflict with this
ordinance be and are hereby repealed.
Section 4. This ordinance shall be in full force and effect from and after ten days
after its passage and publication in the manner provided by law.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: July 8, 1985
Passed: July. 8, 1985
Vote: Yeas 6 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk