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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 Additions are bold and double -underlined; 0-3-t;,.ns — s4uek t r,,u 1 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 100126068.21 Additions are bold and double -underlined; a i +; M n+M.. v +l.M,...,.l 2 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