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G-1027 - 07/08/2014 - VILLAGE CODE - Ordinances ORDINANCE 2014-VCODE-PENALTY-G-1027 AN ORDINANCE AMENDING TITLE 1, CHAPTER 3, SECTION 1 OF THE VILLAGE CODE REGARDING THE GENERAL PENALTY WHEREAS, the Village of Oak Brook, Illinois ("Village") is a body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and WHEREAS, pursuant to Section 1-2-1 of the Illinois Municipal Code, 65 ILCS 5/1-2-1, the Village is generally authorized to assess fines and penalties as may be deemed proper, provided that fine or penalty does not exceed $750.00 unless otherwise authorized by law; and WHEREAS, Section 1-3-1A ("General Penalty Provision") of the Village Code of the Village of Oak Brook, Illinois ("Village Code"), provides the Village discretion to fine a person in any amount that does not exceed $750.00 provided that a more specific fine is not set for a particular offense elsewhere in the Village Code or by law; and WHEREAS, enforcing the Village Code and prosecuting offenders requires resources of the Village; and WHEREAS, the General Penalty Provision does not set a minimum fine that may be assessed for violating the Village Code; and WHEREAS, Village President and Board of Trustees have determined that it is in the best interest of the Village and its residents to amend the General Penalty Provision to provide for a minimum fine; NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Amendment to Section 1-3-1. Section 1-3-1, entitled "General Penalty," of Chapter 3, entitled "General Provisions,"of Title 1, entitled "Administration," shall be amended as follows: A. Penalty; Application: The violation of, or failure to comply with any provision of this code shall constitute an offense against the village, and where no specific penalty is provided therefor, shall subject the offender, upon conviction, to a fine of not less than one hundred dollars ($100.00) and not to exceed seven hundred fifty dollars ($750.00). Section 3: 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 shall remain in full force and effect, and shall 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 4: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Additions are bold and double-underlined; deletions are struck through. Ordinance 2014-VCODE-PENALTY-G-1027 Amending Title 1,Chapter 3,Section 1 of the Village Code Page 2 of 2 APPROVED THIS 8th day of July, 2014. / - _.__. y'r.- Gopal G. Lalmalani Village President PASSED THIS 8th day of July, 2014. Ayes: Trustees Adler, Manzo, Moy, Wolin, Yusuf Nays: None Absent: Trustee Baar ATTEST: . ! . ',-.-4 3, .11.!y;1,`� iCA--5< �,.� (7,; : c;✓ Charlotte K. Pruss 0 t "t`Ae, .;'""- v I Village Clerk col Additions are bold and double-underlined; deletions are struck through.