G-1027 - 07/08/2014 - VILLAGE CODE - Ordinances Supporting Documents ITEM 6.F.3)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
July 8, 2014
SUBJECT: Ordinance amending Title 1, Chapter 3, Section 1 Regarding the General Penalty
FROM: James R. Kruger, Chief of Police
BUDGET SOURCE/BUDGET IMPACT: None
RECOMMENDED MOTION: Move to approve Ordinance 2014-VCODE-PENALTY-
G1027 establishing a minimum penalty for those ordinances that do not have a set penalty
in the Village Code,
Background/History:
It has been determined through our research of the Village Code that there is no set minimum
fine for any ordinance that does not spell out an exact fine. Our General Penalty section does
define the maximum fine of $750 plus court costs, as allowed by the Illinois Municipal Code.
This came up during the cases involving the recent mass arrests on the McDonalds campus. It
allowed the judge in the case to issue smaller fines that what we requested in an attempt to
reasonably cover some of our Costs. Many communities enacted minimum fine ordinances
several years ago when the court fees became increasingly exorbitant and sympathetic judges
reduced the fine portion as low as they could, since the fees are set by state statute. If this
ordinance is passed by the Board it will take some of the discretion away from the judge in the
setting of a fine with a finding of guilty. Thee attached ordinance has been prepared and
approved by the Village Attorney.
Recommendation:
Staff recommends the Village Board pass Ordinance G-1027 amending Title 1, Chapter 3,
Section 1 of the Village Code setting the minimum fine of$100 unless stated otherwise in the
Code.
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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; =- - •- - - - -- --- .
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.
Gopal G. Lalmalani
Village President
PASSED THIS 8th day of July, 2014.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
#30816175—v1
Additions are bold and double-underlined; deletions are struck through.