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O-20-15VILLAGE OF DEERFIELD ORDINANCE NO. 0-20-15 AN ORDINANCE AMENDING SECTION 2-135.7 OF "THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD, ILLINOIS, 1975," AS AMENDED, REGARDING ENFORCEMENT OF EMERGENCY DECLARATIONS WHEREAS, the Village is a home rule municipal corporation pursuant to Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, Pursuant to Division 3, titled "Emergency Management Agency (EMA)," of Article 11, titled "Boards and Commissions," of Chapter 2, titled "Administration," of the Municipal Code ("Municipal Code's the Village has established its Emergency Management Agency to facilitate the Village's responses to emergencies, including the authority of the Mayor to declare civil emergencies and enter related orders ("Civil Emergencies"); and WHEREAS, persons who fail to comply with the Mayor's declarations and orders concerning Civil Emergencies are guilty of an offense against the Village pursuant to Section 2-135.7 of the Village Code; and WHEREAS, the Village Board desires to clarify that compliance tickets may be issued for violations of Section 2-135.7 of the Village Code; and WHEREAS, the Village Board has determined that it is in the best interest of the Village and the public's health, safety and welfare to amend the Municipal Code in the manner provided in this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The Village Board hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION TWO: AMENDMENT TO SECTION 2-141 OF THE MUNICIPAL CODE. Section 2-135.7, entitled "Violations; Penalty," of Article I1, entitled "Civil Emergencies," of Division 3, entitled "Emergency Services and Disaster Authority," of Article 11, entitled "Boards and Commissions," of Chapter 2, entitled "Administration," of the Municipal Code is amended to read as follows: "2-135.7: Violations; Penalty: Any person violating the provisions of this chapter or any executive order issued pursuant this Chapter, shall be guilty of an offense against the Village and shall be punishable by a fine as provided in the general penalty set forth in Section 1-25 of this Code. At the discretion of the Village officer or agent who observes the violation, a person accused of a violation of {00115742.4} Additions are bold and double underlined; w., StFueli thEeagh. this chapter or any declaration or order issued by the Mayor pursuant to this chapter may be issued a compliance ticket in lieu of a citation or arrest warrant for the violation A compliance ticket must be settled by paying to the Village in accordance with the restr;�,G Vl Vllp provided on the compliance ticket an administration fee in the amount of $50.00 within 10 days of the date of issuance In the event payment of the $50.00 administration fee has not been obtained •1V0.111G 41 W 1411th 111 said 10 day period, the administration fee will be increased to X100 00 for the period beginning the 11th day and including the 13th day after 0.14G1 issuance of the compliance ticket and the offender shall have until the close of business on the 13th day after issuance to pay the increased fee. After the 13th day, the Village shall determine whether a notice of appearance will be issued or the past due fee will be referred for collection or whether payment of the fine will remain acceptable If the offender does not settle the claim including both payment of the administration fee and -corn pliance. where required, the Village may use other legal remedies including but not limited to the issuance of a criminal complaint the issuance of a notice to appear in court or the referral to a collection agency for said violation and the offender hall be subject to the fines and penalties set forth in the applicable provisions of this Code." SECTION THREE: SEVERABILITY. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be in full force and effect immediately after its passage and approval in the manner provided by law by two- thirds of the corporate authorities of the Village. [SIGNATURE PAGE FOLLOWS] 100115742.41 Additions arp bold and double unriPr in d^1P* A^ k +h AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSTAIN: None ABSENT: None PASSED: August 17, 2020 APPROVED: August 18, 2020 ORDINANCE NO. 0-20-15 Harriet Rosentha , Mayor ATTEST: Kent S. treet, Village Clerk {00115742.4} Additions are bold and double underlip d;a^'^";^^^ ^ ^* ^k *h ^ ^h