O-22-25VILLAGE OF DEERFIELD
ORDINANCE NO. 2022- 0-22-25
AN ORDINANCE AMENDING SECTION 1-25 OF "THE MUNICIPAL CODE OF
THE VILLAGE OF DEERFIELD, ILLINOIS, 1975," AS AMENDED,
TO ALLOW FOR RESTITUTION
WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant
to the provisions of Article VII, Section 6 of the Illinois Constitution; and
WHEREAS, pursuant to the Illinois Municipal Code, 65 ILCS 5/1-2-1 et seq., the
Village has the authority to impose penalties for ordinance violations, and make all rules and
regulations proper or necessary to carry into effect such powers; and
WHEREAS, Section 1-25 of "The Municipal Code of the Village of Deerfield, Illinois,
1975," as amended ("Village Code'), establishes general penalties for violation of any
provision of the Village Code where penalties are not otherwise prescribed; and
WHEREAS, the Village Board desires to Amend Section 1-25 of the Village Code,
consistent with its home rule authority, to permit the Court, in its discretion, to require
violators to make restitution in an amount not to exceed the actual loss or damage caused by
the violation; and
WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village and its residents to amend the Village Code pursuant to this
Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE. RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Ordinance as findings of the Village Board.
SECTION TWO. GENERAL PENALTY. Section 1-25, titled "General Penalty,"
Chapter 1, titled "General Provisions," of the Village Code is hereby amended as follows:
"Sec. 1-25. General Penalty:
kW Restitution. In addition to all other penalties set forth in this
Code —a court mar in its discretion it a person who
violates a provision of this Code and damages real or_p�sonal
]property or causes pecuniary loss make restitution in an
amount not to exceed actual loss or damage to nr4jpertX and
nec niary loss. The court shall determine the amount and
conditions of pa
_Ament."
100126068.21
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SECTION THREE. SEVERABILITY. If any provision of this Ordinance or part
thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this
Ordinance are to remain in full force and effect, and are to be interpreted, applied, and
enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the
greatest extent permitted by applicable law.
SECTION FOUR. PUBLICATION. The Village Clerk is hereby directed to
publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois.
SECTION FIVE. EFFECTIVE DATE. This Ordinance will be in full force and
effect after its passage, approval, and publication in the manner provided by law.
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim
NAYS: None
ABSTAIN: None
ABSENT: Seiden
PASSED: June 20, 2022
APPROVED: June 20, 2022
ORDINANCE NO. 0-22-25
Daniel C. Shapiro, Mayor
ATTEST:
a � fi��
Kent S. St eet, Village Cl rk
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OF
k DEERFIELD POLICE DEPARTMENT
DATE: June 13, 2022
TO: Kent Street, Village Manager
FROM: John J. Sliozis, Chief of Police
CC: Deputy Chief Brian J. Budny, Deputy Chief Chris Fry
SUBJECT: Request for Board Action - Approval of Ordinance to Allow for Restitution
On Monday, June 20, 2022, at the regularly scheduled meeting of the Mayor and Board of
Trustees, the Police Department will seek approval of An Ordinance Amending Section 1-25
of "The Municipal Code of the Village of Deerfield, Illinois, 1975" as Amended, To Allow for
Restitution.
BACKGROUND
During the recent successful prosecution of a local ordinance violation, by Village Prosecutors
Winer & Winer, the presiding Judge ruled that because the Village did not have a specific
ordinance permitting the granting of restitution, he could not do so in the case under
consideration. Although the courts have successfully and without hesitation, previously ordered
restitution, the Police Department recommends amending Section 1-25 of the Municipal Code by
inclusion of the following;
"Restitution; In addition to all other penalties set forth in this Code, a court may in its discretion
require a person who violates a provision of this Code and damages real or personal property or
causes pecuniary loss, to make restitution in an amount not to exceed actual loss or damage to
property and pecuniary loss. The court shall determine the amount and conditions of payment."
This language will permit the court to require restitution at its discretion,
RECOMMENDATION
The Police Department recommends approval of the ordinance.
John%ysliozisC
Chief of Police