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G-1027 - 07/08/2014 - VILLAGE CODE - Ordinances Supporting Documents ITEM 6.F.3) of 0.44- ‘-Air 04,ar .47 0*-0-f,v44 ft couNri, 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. Cra-ammml Last saved byficruger C:\Users\kvonachen\AppData\Local\Microsoft\Windows\Temporary Internet f-tles\Content Outlook\OCPF7XWB\Mtrarattin Penalty Ordinance doex Last printed b/3012014 135 PM 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.