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Home My WebLink AboutOrdinance #4322ORDINANCE NO. 4322 AN ORDINANCE AMENDING TITLE 1, CHAPTER 27 OF THE CANTON MUNICIPAL CODE AND ADOPTING AN UPDATED FEE SCHEDULE IN RELATION TO VIOLATIONS WHEREAS, the City of Canton (the "City") is an Illinois non -home rule municipality that 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, the City previously adopted Ordinance No. 4033 on July 20, 2016 to establish settlement amounts for various violations of the Canton Municipal Code; and WHEREAS, in further of its statutory powers to amend the Canton Municipal Code, the City Council and the Mayor have determined that it is in the best interest of the City to amend such penalties and settlement procedures. NOW, THEREFORE, BE IT ORDAINED, by the City Council for the City of Canton, Fulton County, Illinois, as follows: Section 1: Title 1, Chapter 27, Section 2(A) of the City Code of the City of Canton, Fulton County, Illinois (Section 1-27-2(A)), is hereby amended and replaced in its entirety to state as follows: (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, 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. Section 2: Title 1, Chapter 27, Section 2(B) of the City Code of the City of Canton, Fulton County, Illinois (Section 1-27-2(B)), is hereby amended and replaced in its entirety to state as follows: (B) Settlement Procedures: 1. Fee Schedule: From time to time, the city council shall adopt a violation fee schedule (or "Fee Schedule") that shall set forth pre -authorized settlement amounts for certain violations of this code, as set forth therein, that may be settled without the necessity of a court appearance. The pre -authorized amounts may not be decreased by the Canton Police Department without approval by the City Attorney. The Fee Schedule may also list certain violations in which the Canton Police Department is not allowed to settle without a court appearance. The Fee Schedule may also include additional fines or fees for subsequent offenses. 2. Acceptance of Guilty Plea and Waiver of Trial with Full Payment of Settlement Amount: If a pre -authorized fee is set forth for a particular violation in the Fee Schedule, the Canton Police Department may accept an executed Guilty Plea and Waiver of Trial (on a form provided prepared by the City Attorney), along with payment of the settlement fee amount set forth in the Fee Schedule. The alleged violator must execute a Guilty Plea and Waiver of Trial and pay the full, allowed settlement fee amount listed in the Fee Schedule within fourteen (14) days after the issuance of the citation. Payments shall be made by cash, certified check, cashier's check or money order made payable to the City of Canton. Payments for ordinance violations shall not be made online without the expressed permission of the Canton Police Department. No settlement may be accepted by the Canton Police Department without a fully executed Guilty Plea and Waiver of Trial. If the Guilty Pleas and Waiver of Trial, along with the full, allowed settlement fee is not paid within fourteen (14) days after the issuance of the citation, the citation shall be filed with the Circuit Court of Fulton County, Illinois for prosecution by the City Attorney, except as otherwise permitted below. The Canton Police Department may require the signature or acknowledgment of parent or legal guardian prior to the execution of Guilty Plea and Waiver of Trial by a minor. 3. Denial of Settlement Amount Guilty Plea. and Waiver of Trial: If the Chief of Police determines that the violation(s) should be forwarded to the City Attorney for prosecution rather than pre -court settlement, for whatever purpose, he or she may refuse to accept the payment of the settlement amounts set forth in the Fee Schedule, as well as the Guilty Plea and Waiver of Trial. However, in the event the City Attorney authorizes any settlement by written agreement or court order, the Canton Police Department shall accept the Guilty Plea and Waiver of Trial, and the payment of any fines or fees, as approved by the City Attorney. 4. Ci1y Attorna: The City Attorney shall have the authority to delay filing with the court any citation charging a person with violation of this code in order to allow that person an opportunity to settle the case prior to his or her court appearance. The City Attorney, in his or her prosecutorial discretion, is further authorized to dismiss any filed ordinance violation case, vacate any judgment issued in an ordinance violation case, modify ordinance violation charges brought against the violator, and/or settle any ordinance violation case (before or after filing) for an amount or punishment that varies from the amounts listed in the Fee Schedule, including but not limited to, by requiring community service in addition to and/or in lieu of a fee or fine. Section 3: Title 1, Chapter 27, Section 2(C) of the City Code of the City of Canton, Fulton County, Illinois (Section 1-27-2(C)), is hereby amended and replaced in its entirety to state as follows: (C) Minors: In addition to and/or in lieu of a monetary fine, any violation of this code by a minor may be punished by performance of community service as agreed upon by the City Attorney or otherwise ordered by a court of law. In addition, for any violation involving a minor, the City Attorney may offer to dismiss a matter upon successful completion of community service and/or payment of a fine and court costs. Before, during or after a court appearance, the City Attorney has the authority to settle any violation in an amount or punishment that varies from the settlement amount in the Fee Schedule, as determined appropriate in his or her discretion, including but not limited to, by requiring community service in addition to and/or in lieu of a fee or fine. Section 4: Title 1, Chapter 27, Section 2(D) of the City Code of the City of Canton, Fulton County, Illinois (Section 1-27-2(C)), is hereby added to state as follows: (D) City Attorney The City Attorney is further authorized to file a complaint, citation, ticket, or other charging document, as permitted by law, with any appropriate court for any violation of this code. In such event, only the City Attorney shall be authorized to approve any settlement related to the case filed by the City Attorney. Section 4: Pursuant to Title 1, Chapter 27, Section 2(B)(1) of the City Code of the City of Canton, Fulton County, Illinois (Section 1-27-2(B)(1)), the Fee Schedule attached in "Exhibit A" to this Ordinance shall be deemed adopted and effective upon its effective date pursuant to Section 5 of this Ordinance. Section 5: This ordinance shall be in full force and effect ten (10) days after its publication within thirty (30) days after passage of this ordinance. Such publication must take place within thirty (30) days after passage of this ordinance. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 7th day of February, 2023, upon a roll call vote as follows: Ayes: Alderpersons Chamberlin, Nelson, Lovell, Grimm, Hale, Fritz, Gossett Nays: None Absent: Alderperson Lingenfelter APPROVED. Kent Do 1, Mayor ATTEST: drea J. Srt6 th-Walters, Acting City Clerk EXHIBIT A See attached Violation Fee Schedule CITY OF CANTON MUNICIPAL CODE *First Offense (Add $100.00 per subsequent offense of Code section up to maximum allowable fine) 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 MUST APPEAR 3-8 Alcohol (except 3-8-9(c)) $100.00-$750.00 MUST APPEAR 3-7-6 Tobacco -Sale to Minors $100.00-$750.00 MUST APPEAR 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 MUST APPEAR 6-22 Synthetic Alternative Drugs $500.00-$750.00 MUST APPEAR 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 (Add $100.00 per subsequent offense of Code section up to maximum allowable fine)