[Added 12-13-2010 by Ord. No. 2010-43]
Pursuant to the authority granted to the Village as home rule
municipality and subject to the limitations set forth herein, a compliance
opportunity system permitting the issuance of a notice of ordinance
violation ("violation notice"), as herein provided, is hereby created.
The purpose of the compliance opportunity system is to allow
a person to whom the violation notice is issued the opportunity to
resolve the alleged violation by payment of the fine indicated on
the violation notice without the necessity of a court appearance.
Nothing herein shall be deemed or construed as an attempt by the Village
to deny any person the opportunity to contest any alleged violation
in the court system.
A.
Any person to whom a violation notice is issued:
(1)
May make payment of the fine as identified in the violation notice
within 15 days after the issuance of the violation notice, which:
(2)
May, within 15 days after the issuance of the violation notice, request
the issuance of a court citation (uniform traffic citation or notice
to appear, as applicable, based on the nature of the violation) in
the appropriate court or branch court of the Circuit Court of Lake
County to which the Village is assigned. The Chief of Police shall
promulgate departmental regulations for the issuance of a court citation
and assignment of an appearance date to any person requesting same.
B.
In the event that the person receiving the violation notice fails
to make the required payment or request a court citation within 15
days after the issuance of the violation notice, the Chief may either:
Any full-time, part-time and auxiliary police officer of the
Village ("officer") is authorized to issue a violation notice to any
person that the officer has reasonable grounds to believe has violated:
A.
Any provision of Chapter 141, General Offenses, of the Village Code, as the same may be amended from time to time, except to the extent that such violations are required to be reported to the Office of the Secretary of State, as set forth in Section 5/6-204 of the Illinois Vehicle Code (625 ILCS 5/6-204), or any other applicable statute; or
B.
Any provision of this Chapter 232, as the same may be amended from time to time, except to the extent that such violations are required to be reported to the Office of the Secretary of State, as set forth in Section 5/6-204 of the Illinois Vehicle Code (625 ILCS 5/6-204), or any other applicable statute.
No officer shall issue a violation notice subject to the compliance
opportunity system:
A.
Which is not within the statutory or the home rule authority of the
Village;
B.
For any offense under the Illinois Vehicle Code (625 ILCS 5/1-100
et seq.), or a similar offense that is a traffic regulation governing
the movement of vehicles; or
C.
For any reportable offense under Section 5/6-204 of the Illinois
Vehicle Code (625 ILCS 5/6-204).
The Chief of Police may promulgate such departmental regulations
and directives as necessary or convenient to implement the compliance
opportunity system as contemplated in this article. To this end, the
Chief of Police may, among other necessary actions:
A.
Operate and manage the compliance opportunity system and promulgate
directives regarding, but not limited to, the issuance of violation
notices, issuance of court citations, and assignment of court dates.
B.
Adopt the format of, distribute, and process all notices as may be
authorized under this article, or as may reasonably be required to
carry out the purpose of this article.
C.
Collect payments made as a result of violation notices.
D.
Keep accurate records regarding the compliance opportunity system.
For all violation notices:
A.
The violation notice shall be issued by the persons authorized under
this article, and shall contain information as to the nature of the
violation cited.
B.
A violation notice and/or the accompanying advisories (if any) shall
provide the following information:
(1)
The date, time and location of the alleged violation;
(2)
The name and address of the alleged violator;
(3)
The type and nature of the alleged violation;
(4)
The signature of the officer issuing the violation notice. Such signature
is the certification of the facts contained in any violation notice;
(5)
The procedures and time limits to make payment of the violation notice
and/or request issuance of a court citation;
(6)
The consequences of failing to make payment and/or requesting issuance
of a court citation; and
(7)
Any other information regarding the circumstances, facts, or nature
of the violation that is or would be required to be set forth if the
officer were to issue a court citation instead of a violation notice
(but not including information regarding the adjudication of a court
citation).
Service of a violation notice shall be made as follows:
A.
Handing the violation notice to the person responsible for the violation
or handing it to his or her employee or agent;
B.
Leaving the violation notice with any person 13 years of age or older
at the residence of the responsible person, and informing that person
of the contents of the summons, provided the person making service
shall also send a copy of the summons in a sealed envelope with postage
fully prepaid, addressed to the alleged violator at his or her usual
place of abode;
C.
Mailing the violation notice by certified mail, return receipt requested,
to the last known address of record of the individual/entity or his
or her or its registered agent;
D.
Posting the violation notice upon the real or personal property where
the violation is found when the person alleged to have committed the
violation is the owner, manager, or tenant of the property, and serving
the owner/manager or agent therefor; or
E.
In any other manner authorized by the Illinois Code of Civil Procedure.
A.
For violations for parking under Article III of this chapter, the fines and penalties shall be as specified therein.
B.
Except as provided in Subsection A, for each violation notice issued for a violation (whether pursuant to this Chapter 232 or Chapter 141, General Offenses), a fine in the sum of not less than $25 shall be payable within 15 days; provided, however, that the Village Board may by separate resolution set higher fines from time to time for any violations for which a violation notice is served.
C.
Each violation notice shall prominently set forth the amount of the
fine for the violation.
Any fine, penalty, or part of any fine or penalty assessed in
the violation notice in accordance with the provisions of this article
that remains unpaid after the expiration of the time periods set forth
in this article shall be a debt due and owing the Village and, as
such, may be collected in accordance with applicable law.
