O-07-09VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -07 -09
AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS,
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
TO AUTHORIZE A PROCESS FOR THE SETTLEMENT OF
CERTAIN ORDINANCE VIOLATIONS
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
20th day of February , 2007
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
20th day of February , 2007
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -07 -09
AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS,
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
TO AUTHORIZE A PROCESS FOR THE SETTLEMENT OF
CERTAIN ORDINANCE VIOLATIONS
WHEREAS, violations of Village ordinances are currently prosecuted in the Circuit
Court of Lake County; and,
WHEREAS, the prosecution of ordinance violations in the Circuit Court is an expensive
and time consuming process for the Village, for the Village's police and code enforcement
officers, for persons accused of violating Village ordinances and for the court system; and,
WHEREAS, there are many ordinance violations that can be resolved more efficiently
and conveniently without the need for a compulsory court appearance by the issuance of a
citation that can be satisfied by a settlement amount established by the Village; and,
WHEREAS, the corporate authorities of the Village of Deerfield have determined that
the public health, safety and welfare would be served by authorizing a process whereby certain
ordinance violations could be resolved by the issuance of a citation (sometimes called "P-
Tickets ") that could be simply settled and compromised by the payment of a fine to the Village,
while still allowing alleged offenders the opportunity to seek a court process for adjudicating the
alleged violation;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: That Chapter 1, entitled "General Provisions," of the Municipal Code of
the Village of Deerfield, as amended, be and the same is hereby further amended by adding the
following as Section 1 -30 thereof:
Sec. 1 -30. Alternative Citations and Fines for Miscellaneous Offenses:
A Citations: Whenever a person is accused of any offense hereinafter
enumerated, the Village, by its duly authorized representative, police officer or
code enforcement officer, is authorized to issue the alleged offender a citation
which may be settled and compromised by fines and payments as provided herein
in lieu of initiating a prosecution of the offense by the service of a summons,
warrant, notice to appear or other process requiring mandatory court appearance.
B. Contents of Citation: Citations issued pursuant to Section 1 -30 -A shall
contain language:
1. Advising the offender that he has violated a specific ordinance.
2. Requesting the offender to make payment of an amount applicable
to the alleged offense as set forth in Paragraph E of this Section as
a settlement of the offense.
3. Informing the offender that his failure to timely pay the applicable
amount to settle the alleged offense and, if applicable, to remove or
correct the violation, will result in a complaint being filed in the
Circuit Court of the appropriate county charging him with such
offense.
C. Process of Settlement: A person accused of an offense pursuant to a
citation under this Section may settle and compromise the alleged offense by
paying to the Village the applicable settlement amount shown in the payment
schedule for offenses set forth in paragraph E of this Section in accordance with
the instructions set forth in the citation.
D. Correcting the Violation: A person accused of an offense pursuant to a
citation under this Section shall correct or remove the violation within twenty -
four (24) hours after issuance of the citation, or within such other period of time
as may be specified by the officer in the citation. Any failure to correct the
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violation may result in the issuance of additional citations pursuant to this
Section, or the service of a summons and complaint, warrant, notice to appear or
other process requiring a mandatory court appearance by the person accused of
the offense.
E. Payment Schedule: The offense described in any citation issued pursuant
to this Section may be settled, compromised and paid in the respective amounts
set forth in the following payment schedule. Citations issued pursuant to this
section may be compromised and settled for the compromise amount if paid
within the time specified in the citation. If the compromise amount is not paid
within the time specified in the citation, the alleged offender may compromise
and settle the citation by payment of the late payment amount within 28 days of
the date of the citation.
Violation
1. Chanter 5. Animals:
Compromise Late Payment
Amount Amount
Animal Noises (Sec. 5 -4) $ 25 $ 50
Rabies Inoculation (Sec. 5 -16) $ 50 $ 100
Collar and Tag (Sec. 5 -17) $ 50 $ 100
Running at Large (Sec. 5 -19) $ 50 $ 100
2. Chanter 6. Buildings:
Permit Required (Sec. 6 -1)
$100
$ 200
International Mechanical
$ 50
$ 100
Code (Sec. 6 -3)
$ 25
$ 50
International Fuel Gas
$ 50
$ 50
Code (Sec. 6 -3)
$ 25
$ 50
Stop Work Orders (Sec. 6 -3)
$ 100
$ 200
Construction Hours (Sec. 6 -9)
$ 100
$ 200
Grading Permits
$ 100
$ 200
(Sec. 6 -62) & (Sec. 6 -68)
Construction Site Management
$ 100
$ 200
(Sec. 6 -70)
Construction Site Fencing/Security
$ 100
$ 200
(Sec. 6 -71)
3. Chanter 12. Health:
Deposit of Refuse (Sec. 12 -22)
$ 100
$ 200
Smoking in Enclosed Public
Places (Sec. 12 -35)
$ 25
$ 50
Smoking in Unenclosed Public
Places (Sec. 12 -36)
$ 25
$ 50
Smoking in Places of Employment
(Sec. 12 -37)
$ 25
$ 50
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Smoking in Open Air Dining
Areas (Sec. 12 -38) $ 25 $ 50
Smoking within 25 feet of a Public
Entrance (Sec. 12 -39) $ 25 $ 50
4. Chapter 15, Morals and Conduct:
Littering in Public Places
(Sec. 15 -34) $ 50 $ 100
Possession of Fireworks $ 100 $ 200
(Sec. 15 -58)
Curfew Violations (Sec. 15 -61) $ 50 $ 100
5. Chapter 21, Trees and Vegetation:
Dangerous Trees or Shrubs
(Sec. 21 -5) $ 50 $ 100
Height Limitations, Weeds
and Grass(Sec. 21 -26) $ 50 $ 100
Damage to a Public or Protected $ 100 $ 200
Tree (Sec. 21 -28)
6. Zoning Ordinance:
Home Occupations
(Art. 2.04 -A)
$ 100
$ 200
RV's and Boats
(Art. 2.04 -C)
$ 100
$ 200
Storage of Refuse
(Art. 2.04 -E)
$ 100
$ 200
Storage of Building Materials
(Art. 2.04 -F)
$ 100
$ 200
Storage of Disabled Vehicles
(Art. 2.04 -G)
$ 100
$ 200
Fences (Art. 2.04 -H)
$ 100
$ 200
Temporary Signs
$ 25
$ 50
All Other Sign Regulations
$ 100
$ 200
F. Failure to Settle Offense: If the person to whom a citation issued pursuant
to this Section fails to pay and settle the alleged offense, or fails to remove or
correct the offense within the prescribed time, the police, code enforcement
officer or other designated Village representative is authorized to cause a
summons and complaint, warrant, notice to appear or other process requiring
mandatory court appearance to be served upon the alleged offender and to
prosecute the same in the circuit court of the appropriate county. In such event,
payment of any fine and costs shall be in such amounts as may be determined and
established by the circuit court.
ME
SECTION 2: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b)
legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
SECTION 3: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 20th day of February 2007.
AYES: Benton, Feldman, Rosenthail, Seiden, Struthers, Wylie (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 20th day
ATTEST:
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