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Home My WebLink About#4033 - Penalties for Code Violations and Settlement Options ORDINANCE # 4033 ORDINANCE ESTABLISHING PENALTIES FOR CODE VIOLATIONS AND SETTLEMENT OPTIONS WHEREAS, the City of Canton is desirous of exercising its authority to create penalties for sections of the City of Canton's Municipal Code and to give violators an opportunity to settle violations without appearing in court; and WHEREAS, in furtherance of its statutory powers to amend the Municipal Code for the City of Canton, the City Council, and the Mayor, have determined that it is the best interest of the City to establish such penalties and settlement procedures. NOW THEREFORE, BE IT ORDAINED, by the Mayor and the City Council for the city of Canton, Illinois, as follows: 1. That the Amendment to the City of Canton Municipal Code under Title I Chapter 27 shall read as follows: CHAPTER 27 GENERAL PENALTIES 1-27-1: Purpose 1-27-2: General Penalty 1-27-1 PURPOSE: The purpose of this chapter is to establish general guidelines for penalties of violations of this Code when there are no penalties specified and to establish a fine amount and settlement opportunity for certain violation of this Code. 1-27-2 GENERAL PENALTIES: (a) Whenever in this Code or in any ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefore or no specific penalty or settlement amount is set forth in the Fee Schedule, the violation of any such provision of this Code or any ordinance shall be punished by a fine of not less than $100.00 and not more than $750.00 for each offense. Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense. NLR Ordinances 6/20/2016 (b) (1) Payments in settlement of the violations of this Code for which no penalty is set forth or for which the penalty is stated in the Fee Schedule adopted by the City Council, can be made 14 days prior to the court date as indicated on the citation. Said payment shall be considered made 14 days prior to the court date if the payment is actually received by the Canton Police Department 14 days from the date the citation was issued. Payments shall be made by cash, certified check, cashier's check or money order made payable to the City of Canton. (2) The City Attorney shall have the authority to delay filing with the court any citation charging a person with violation of the Code in order to allow that person an opportunity to settle the case prior to his or her court appearance. (3) If the settlement amount, as set forth in this Code is paid within the 14 days as provided above, no complaint charging the person with the particular violation shall be filed by City Attorney with the Fulton County Circuit Clerk's office. (c) From time to time, the City Council shall adopt a fee schedule that states the Code section, the fee amount and the settlement amount for the violation of the section. PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting on this 20th day of July, 2016 upon a roll call vote as follows: AYE'S: Alderman Justin Nelson, Gerald Ellis,Angela Hale, Craig West, Tad Putrich,Jim Nelson NAYE's None ABSENT: Alderman John Lovell, Ryan Mayhew APPROVED: Mayor Jeffrey A. Fritz ATTEST: (i --Y) Ir City 0 erk, iana avley-Rock NLR Ordinances 6/20/2016 ORDINANCE # 4033 ORDINANCE ESTABLISHING PENALTIES FOR CODE VIOLATIONS AND SETTLEMENT OPTIONS WHEREAS, the City of Canton is desirous of exercising its authority to create penalties for sections of the City of Canton's Municipal Code and to give violators an opportunity to settle violations without appearing in court; and WHEREAS, in furtherance of its statutory powers to amend the Municipal Code for the City of Canton, the City Council, and the Mayor, have determined that it is the best interest of the City to establish such penalties and settlement procedures. NOW THEREFORE, BE IT ORDAINED, by the Mayor and the City Council for the city of Canton, Illinois, as follows: 1. That the Amendment to the City of Canton Municipal Code under Title I Chapter 27 shall read as follows: CHAPTER 27 GENERAL PENALTIES 1-27-1: Purpose 1-27-2: General Penalty 1-27-1 PURPOSE: The purpose of this peliey chapter is to establish general guidelines for penalties of violations of this Code when there are no penalties specified and to establish a fine amount and settlement opportunity for certain violation of this Code. 1-27-2 GENERAL PENALTIES: (a) Whenever in this Code or in any ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefore or no specific penalty or settlement amount is set forth in the Fee Schedule, the violation of any such provision of this Code or any ordinance shall be punished by a fine of not less than $100.00 and not more than $750.00 for each offense. Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense. NLR Ordinances 6/20/2016 (b) (1) Payments in settlement of the violations of this Code for which no penalty is set forth or for which the penalty is stated in the Fee Schedule adopted by the City Council, can be made 14 days prior to the court date as indicated on the citation. Said payment shall be considered made 14 days prior to the court date if the payment is actually received by the Canton Police Department 14 days from the date the citation was issued. Payments shall be made by cash, certified check, cashier's check or money order made payable to the City of Canton. (2) The City Attorney shall have the authority to delay filing with the court any citation charging a person with violation of the Code in order to allow that person an opportunity to settle the case prior to his or her court appearance. (3) If the rninimum settlement amount, as set forth in this Code is paid within the 14 days as provided above, no complaint charging the person with the particular violation shall be filed by City Attorney with the Fulton County Circuit Clerk's office. flge)--er tiffless- speeifieally previded—few-i-n the felevant seefien, tne JV LL1V1iI 0 ..4 . f ,.«4 1.,4:v g the seetiens of this Cede _hall be $25.00 44leme�i 0 than the fin a b y the G 4: iiiviv Llluia u1V uliassessed o (c) From time to time, the City Council shall adopt a fee schedule that states the Code section, the fee amount and the settlement amount for the violation of the section. PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting on this 20th_day of July, 2016 upon a roll call vote as follows: AYE's: Alderman Justin Nelson, Gerald Ellis,Angela Hale, Craig West, Tad Putrich,Jim Nelson NAYE's None ABSENT: Alderman John Lovell, Ryan Mayhew APPROVED: Mayor Jeffrey Fritz NLR Ordinances 6/20/2016 ATTEST: City Clerk, Diana Pavley-Rock NLR Ordinances 6/20/2016 CITY OF CANTON MUNICIPAL CODE VIOLATION FEE SCHEDULE SECTION TITLE FINE SETTLEMENT AMOUNT* 6-7-2 Abandonment of Vehicle $100.00-$750.00 $100.00 7-1-1 Nuisances $100.00-$750.00 $100.00 7-1-6 Weeds $100.00-$750.00 $100.00 6-4-2(A) Animals-Cruelty $250.00-$750.00 MUST APPEAR 6-4-2(B)-(R) Animals $100.00-$750.00 $100.00 7-1-2 Noises Prohibited $100.00-$750.00 $100.00 6-3-1-5(A) Disorderly Conduct $100.00-$750.00 $100.00 6-3-1-2 Public Drinking $100.00-$750.00 $100.00 3-8-9(C) Alcohol-Minor $200.00-$750.00 $200.00 3-8 Alcohol (except 3-8-9(c)) $100.00-$750.00 $100.00 3-7-6 Tobacco-Sale to Minors $100.00-$750.00 $100.00 6-17 Curfew $50.00-$750.00 $50.00 6-19 Loitering $100.00-$750.00 $100.00 7-1-3 Possession of Cannabis $250.00-$750.00 $250.00 7-1-4 Drug Paraphernalia Control $250.00-$750.00 $250.00 6-22 Synthetic Alternative Drugs $500.00-$750.00 $500.00 6-3-3-1 Trespassing $100.00-$750.00 $100.00 9-1-2(A)-(E) Parking $25.00.00-$750.00 $25.00 9-1-2(F) Parking by Handicapped Drivers $250.00-$350.00 $250.00 9-5-2 Parking: Snow Removal $50.00-$250.00 $50.00 *First Offense