HomeMy WebLinkAboutOrdinance #3058 ORDINANCE #3058
ORDINANCE SETTING FORTH SETTLEMENT OPTION FOR CITATIONS
WRITTEN FOR CERTAIN ORDINANCE VIOLATIONS
WHEREAS, it is the desire and intent of the City of Canton to allow citizens to settle
certain ordinance violations directly at City Hall prior to court;
WHEREAS, the Finance Committee of the City of Canton has determined that it is
necessary and in the best interest of citizens of Canton that they be allowed to settle citations
issued for certain ordinance violations directly at City Hall; and
WHEREAS, the Canton City Council has made a similar determination.
NOW, THEREFORE, BE IT ORDANINED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois, as follows:
That the Canton Municipal Code be amended to read as follows:
SETTLEMENT OF ORDINANCE VIOLATIONS:
A. A Citation is herewith defined as a ticket used in the case of certain ordinance violations
in lieu of arrest.
B. Citations may be issued for any violation of an ordinance of the City, except for
violations of any ordinance comparable to those offenses specified in Supreme Court
Rule 551 of Illinois Revised Statutes, as now in force or hereafter amended. Citations
may be issued by police officers of the City, Canton Park District police officers, City
Code Enforcement Officer, other local law enforcement officers, and authorized City
officials including, but not limited to, building inspectors, electrical inspectors, fire
inspectors. These authorized City officers or officials may issue citations pursuant to the
duties expressed in applicable sections of this Code, such as designated herein:
1. Fire chief, or his designee, in violations in Title 5;
2. Public works director, or his designee, violations in Title 8;
3. Building inspector violations in Title 4, Title 10 and Title 11.
C. At the discretion of any police officer or agent of the City authorized to issue such
citations, a citation may be issued in lieu of arrest using the following procedure:
1. The citation shall be on a ticket form prescribed by the City Council.
2. When a citation is issued, the person accused of the violation may settle and
compromise (pay) the citation for the amount as set forth in a fee schedule
adopted by the City Council. The settlement amount for each subsequent
violation shall increase by $100.
3. All settlement fees shall be paid to the City of Canton at City Hall either in
person or in the payment drop box located on the first floor of City Hall.
Payments will only be accepted in the form of cash, money order, or credit
card (if available).
4. If the person accused of such violation does not settle the claim by payment of
the settlement fee within the 14 days from the issuance of the citation, the
unpaid citation will automatically be forwarded to the Fulton County
Courthouse for prosecution and the cited person must appear in court on the
date noted on the citation. The cited person shall be subject to the fine and
penalties set forth in the applicable section of this Code including any
additional fees set by the court.
5. 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.
6. If the settlement amount, as set forth in Attachment A is paid within 14 days
as provided above, no formal court complaint charging the person with the
particular violation shall be filed by City Attorney.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting
this 15TH day of April, 2014 upon a roll call vote as follows:
AYES: Aldermen West, Putrich,Jim Nelson, Pickel,Justin Nelson, Ellis, Lovell,
Pasley
NAYS: None
ABSENT: None
APPROVED:
r'�
_11-�J'// �
Je frey . Fr , ayor
ATT T:
Dian av y-Ro , City C erk �