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Posts Tagged ‘penalty’

1-4-1 PENALTY

(A)    1.    Any person convicted of a violation of any section of the Village Code, and there being no fine or penalty provided for such violation, shall be fined in a sum not to exceed seven hundred fifty dollars ($750.00) for any one offense(1) and the penalty imposed for violation of an ordinance may include, or consist of, a requirement that a defendant perform some reasonable public service work such as, but not limited to picking up of litter in public parks or along public highways, or the maintenance of public facilities.

2.    All ordinances of the Village which have a specific penalty provision with a maximum fine of five hundred dollars ($500.00) are hereby amended by striking the amount of five hundred dollars ($500.00), and inserting in its place the amount of “seven hundred fifty  dollars ($750.00) or the maximum allowed by State statutes”.  Any minimum penalty, if stated in said ordinance, shall remain the same, and where each day’s continued violation shall be deemed a separate offense, that wording or any similar wording shall continue in effect and shall be applicable to the ordinance in question.  (Ord. 1362, 9-13-95)

(B)    In determining the amount and method of payment of a fine, the court shall consider:
1.    The financial resources and future ability of the offender to pay the fine;
2.    Whether the fine will prevent the offender from making court ordered restitution or reparation to the victim of the offense

(C)    The court may order the fine to be paid forthwith or within a specified period of time or in installments.

(D)    The court, upon good cause shown, may revoke the fine or the unpaid portion or may modify the method of payment.  (Ord. 820, 10-9-74)

(1)  For Statute Authority see SHA 65 ILCS 5/1-2-1

1-2-3 COURT PROCEEDINGS

No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or an right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings, thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable.  If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affect, applied to any judgment announced after the new ordinance takes effect.