Wilmette |
Code of Ordinances |
Chapter 2. ADMINISTRATION |
Article XLVI. ADMINISTRATIVE ADJUDICATION SYSTEM |
§ 2-1305. Penalties and costs.
(a)
General penalty. All defendants subsequently found liable of a violation shall be subject to the following penalties, or combination thereof:
(1)
Fines;
(2)
Restitution;
(3)
Deferred prosecution (including, but not limited to, a period of community service, and mandatory attendance at remedial counseling, treatment, or education); and
(4)
Corrective action.
(b)
Fines. When a specific fine amount is provided for in Table 1 of this section that conflicts with fine amounts imposed either by the general penalty provisions of this Code or a specific fine amount provided in other portions of this Code, the fine amounts in Table 1 of this section shall apply. If there is no fine amount provided for in Table 1 of this section for a Violation, then the specific fine amount in the other provisions of this Code shall apply, or if no specific fine amount in this Code is provided for then the fine amounts of the general penalty shall apply.
(c)
Late penalty.
(1)
Wherever in this article a fine that is imposed is not paid in the timeframe required by this article or by the deadline imposed by a hearing officer after a hearing or settlement, there shall be a late penalty which shall be in addition to the original fine amount as follows:
a.
For a violation where the minimum fine is less than $50.00, the minimum fine shall be increased by $50.00.
b.
For a violation where the minimum fine is $50.00 or greater, but less than $100.00, the minimum fine shall be increased by $100.00.
c.
For a violation where the minimum fine is $100.00 or greater, the minimum fine shall be increased by $200.00.
(2)
In the event that the fine, costs and late penalty amounts, as applicable, are not made within 30 days after the time required to make sure payment, the village's collection of said fines, costs and late penalty shall be deemed a debt due and owing to the village and may be referred to a private collection agency under contract with the village. The collection agency's fees shall be added to the unpaid amounts and shall be collected by the collection agency.
(d)
Costs. All defendants subsequently found liable, or otherwise avail themselves of deferred prosecution, shall pay a $50.00 administrative adjudication cost, in addition to any penalty imposed. Costs for deferred prosecution may be reduced in the manner provided for in this chapter.
(e)
Prepayment of fines and required appearance.
(1)
The following defendants must appear before the hearing officer and may not pay the fine amount prior to such appearance:
a.
Any defendant under the age of 21 charged with a violation must appear before the hearing officer in person. Any defendant under the age of 18 years charged with a violation must appear before the hearing officer in person and with a parent or legal guardian;
b.
Any defendant charged with a violation where "Appearance Required" in Table 1 of this section is marked "Yes";
c.
Any defendant that has not settled, compromised and paid the fine amount listed in the "Settlement Amount Paid Prior to Hearing" in Table 1 of this section at least 24 hours prior to the hearing date provided on the violation notice;
d.
Any defendant charged with a violation where a fine is not provided for in Table 1 of this section; and
e.
Any authorized village employee may require appearance of a defendant by marking such requirement upon the violation notice.
(2)
Except for those defendants not authorized from doing so pursuant to this section and those non-residents charged with parking, standing and equipment violations, any violation listed in the "Settlement Amount Paid Prior to Hearing" in Table 1 of this section may be settled by a defendant, upon the submission of payment of the listed minimum fine paid 24 hours prior to the assigned hearing date on the violation notice. Such pre-payment settlement shall not be subject to costs.
(3)
Table of offenses and fines:
TABLE 1 — Section 2-1305
Code section
Offense Settlement Amount Paid Prior to Hearing Date Minimum Fine on Hearing Date Maximum Fine on Hearing Date Appearance Required Chapter 4 Animals
4-3 Regulations of General Applicability (a) Attract Abandoned, Stray, or Wild Animal, Venomous Insect, Rodent, or Other Vermin $50.00 $750.00 Yes (b) Placement of Food Outside $50.00 $750.00 Yes (c) Notification of Stray $25.00 $750.00 (d) Render Aid $25.00 $750.00 (e) Placement and Burial of Animals $50.00 $750.00 (f) Duty to Report Bite $50.00 $750.00 Yes 4-25 Maximum Number of Animals $50.00 $750.00 Yes 4-26 Prohibited Animals $150.00 first offense; $300.00 second offense; $750.00 any offense thereafter $750.00 Yes 4-28 Feral Cats $75.00 first offense; $150.00 second offense; $300.00 third offense $750.00 Yes 4-60 Animal Neglect $75.00 $75.00 for second and subsequent offenses $750.00 Yes, for second and subsequent offenses 4-61 Cruelty to Animals $75.00 for first offense, $150.00 for second offense, and $300.00 for any subsequent offense after the second offense $750.00 Yes 4-63 Promotion of Animal Fights $500.00 $750.00 Yes Article IV of Chapter 4 Control of Rabies $50.00 $750.00 4-86 Duties of Animal Owners $50.00 $750.00 Article V of Chapter 4 Licensing of Dogs and Cats $75.00 (first offense); $150.00 (second and any subsequent offense) $750.00 Yes Article VI of Chapter 4 Nuisances $75.00 (first offense); $100.00 (second and any subsequent offense) $750.00 Chapter 8 Housing and Building Regulations
Article IV—Article X of Chapter 8 Housing and Building Regulations $50.00 $750.00 Yes 8-106—8-110 Building Permits $250.00 $750.00 Yes Article V of Chapter 8 Regulation of Land-Disturbing Activities $250.00 $750.00 Yes Article IX of Chapter 8 Tree Removal Permits $250.00 $1,500.00 Yes 8-410 and 8-411 Site Development and Maintenance Requirements $75.00 for first offense, $250.00 for each subsequent offense $1,500.00 Yes Article XII of Chapter 8 Tree Protection During Construction $150.00 $750.00 Yes Article XIV of Chapter 8 Plumbing Code $200.00 $750.00 Yes Article XIX of Chapter 8 Fences in Disrepair $100.00 $750.00 Yes Article XXVI of Chapter 8 Real Estate Transfer Tax $200.00 $750.00 Yes Chapter 10 Liquor Control
10-3 License Required $100.00 $1,000.00 Yes 10-19(b) False ID $100.00 first offense, $250.00 second or subsequent offense $250.00 first offense, $750.00 second or subsequent offense Yes 10-23 Sales to Minors, Known Substance Abusers, Habitual Drunkards and Mental Incompetents $50.00 $750.00 Yes 10-53 Possession of Alcohol by Underage Persons $100.00 first offense, $750.00 second offense $750.00 Yes 10-55 Parental Responsibility $100.00 first offense, $750.00 second offense $750.00 Yes 10-56 Owner or Occupant Responsibility $100.00 first offense, $750.00 second offense $750.00 Yes 10-64(g) Kegs $100.00 $1,000.00 Chapter 12 Miscellaneous Offenses
12-1 Assault $50.00 $750.00 Yes 12-2 Battery $50.00 $750.00 YesArticle II of Chapter 12 Curfew $50.00 $750.00 Yes Article III of Chapter 12 Disorderly Conduct $50.00 $750.00 Article IV of Chapter 12 Gambling Places $50.00 $750.00 Yes 12-141 Impersonating an Officer or Employee $50.00 $750.00 Yes 12-142 Indecent Conduct or Exposure $50.00 $750.00 Yes 12-143 Interfering with Village Officers $50.00 $750.00 Yes 12-144 Mechanical Amusement Devices $50.00 $750.00 Yes 12-145 Obscene Literature $50.00 $750.00 Yes Article VII of Chapter 12 Picketing $50.00 $750.00 Article VIII of Chapter 12 Prostitution $50.00 $750.00 Article IX of Chapter 12 Public Property Damage $50.00 $750.00 Yes 12-230—12-233 Public Facilities $50.00 $750.00 12-234 Trespass $50.00 $750.00 Yes Article IX of Chapter 12 Weapons $50.00 $750.00 12-291 Park District Code $25.00 $750.00 Article XII of Chapter 12 Vandalism $50.00 $750.00 Yes 12-351—12-352 Possession of Marijuana $200.00 $750.00 12-378a Drug Paraphernalia (sales) $250.00 $1,000.00 12-378b Drug Paraphernalia (possession) $50.00 $750.00 Article XIII of Chapter 12 Marijuana and Drug Paraphernalia $50.00 $750.00 Yes Article XV of Chapter 12 Fireworks $50.00 $750.00 Article XVI of Chapter 12 Theft $150.00 $750.00 Yes Article XVII of Chapter 12 Theft of Mislaid Property $150.00 $750.00 Yes Article XVIII of Chapter 12 Theft of Service $150.00 $750.00 Yes 12-516(a)—(e) Smoking Regulations $100.00 $750.00 12-516(f)—(h) Smoking Regulations $250.00 first violations, $500.00 second violations (within one year after the first violations), $2,500.00 subsequent violations (within one year after the first violation) $750.00 first violations, $750.00 second violations (within one year after the first violations), $3,000.00 subsequent violations (within one year after the first violation) Yes 12-523 Owner/Occupant Responsibility $50.00 $750.00 Yes Article XX of Chapter 12 Air Rifles $50.00 first offense, $100.00 each subsequent offense $500.00 Article XXI of Chapter 12 Air Pollution 12-579 Air Pollution; Nuisance $50.00 $750.00 Yes 12-580 Open Burning $50.00 $750.00 Chapter 14 Motor Vehicles and Traffic
14-2 Illinois Vehicle Code - General $50.00 $250.00 Article II of Chapter 14 Vehicle License Required $100.00 $250.00 Yes 14-164 Unattended Motor Vehicles $50.00 $250.00 14-176 Clinging to Motor Vehicle $50.00 $250.00 14-177 Loud or Unnecessary Noise $50.00 $250.00 Yes 14-178 Vehicles Imitating Public Vehicles $50.00 $250.00 Yes 14-179 Vehicles Emitting Gas or Smoke $50.00 $250.00 Yes 14-180 Obstructing Fire Station Driveway $100.00 $250.00 14-203 Pedestrian Walk-or-Wait Signals $25.00 $250.00 14-205 Display of Unauthorized Signs, Signals or Markings $50.00 $250.00 14-206 Interference with Office Traffic-Control Devices or Railroad Signs $50.00 $250.00 14-235 To Use Right Half of Crosswalk $25.00 $250.00 14-236 Crossing at Other than Crosswalks $25.00 $250.00 14-238 Walking Along or Standing on Roadways $25.00 $250.00 14-239 Hitchhiking $50.00 $250.00 14-264 False Reports $100.00 $250.00 14-265 Failure to Report $100.00 $250.00 Article X of Chapter 14 Parking Violations (unless fine amount specifically provided below) $40.00 $250.00 14-296 Parking Left Wheel to Curb $40.00 $200.00 14-296(1) Parking Angle/Failure to Heed $40.00 $200.00 14-297 Parking-
Prohibited$40.00 $200.00 14-298 Parking in Alleys $40.00 $200.00 14-299 All-Night Parking $40.00 $200.00 14-300 Parking for Purpose of Sale, Etc. $40.00 $200.00 14-301 Parking Adjacent to Schools $100.00 $250.00 14-303 Standing or Parking on One-Way Street $100.00 $250.00 14-304 Standing or Parking on One-Way Roadways $100.00 $250.00 Article XI of Chapter 14 Parking Violations (unless fine amount specifically provided below) $40.00 $250.00 14-327 Street Parking Prohibited-Snow Ban $30.00 $250.00 14-328 Street Parking Prohibited-
Winter Precipitation$30.00 $250.00 Article XII of Chapter 14 Parking Violations (unless fine amount specifically provided below) $40.00 $250.00 14-361 Standing in Curb Loading Zone $40.00 $250.00 14-364 Restricted Use of Bus and Public Carrier Stand $100.00 $250.00 14-365 Parking of Trucks, Tractors, Buses, Etc. $40.00 $250.00 14-366 Parking on Private Property $40.00 $250.00 14-368 Inoperable Motor Vehicles $100.00 $250.00 14-370 Parking-No Parking Anytime $40.00 $250.00 14-371 Parking-
Prohibited During Certain Hours$40.00 $250.00 14-372 Parking-Posted Time Limit $40.00 $250.00 Article XIII of Chapter 14 Parking Violations (unless fine amount specifically provided below) $40.00 $250.00 14-404 Parking-Village Center $40.00 $250.00 14-405 Stopping, Standing and Parking Prohibited During Certain Hours $40.00 $250.00 14-406 Parking-
Prohibited 7:00 a.m.—6:00 p.m. Except Sunday$40.00 $250.00 Article XIV of Chapter 14 Parking Violations (unless fine amount specifically provided below) $40.00 $250.00 14-429 Use of Slugs $40.00 $250.00 14-430 Tampering with Meters $40.00 $250.00 14-431 Maximum Parking Time $40.00 $250.00 14-432 Overtime Parking $40.00 $250.00 14-434 Parking Meters-
Prohibited Acts Generally$40.00 $250.00 14-456 Residential Permit Violation $40.00 $250.00 14-458 Parking-No Valid Permit in Village Lots/Streets $40.00 $250.00 14-459 Covering Parked Vehicles Prohibited $100.00 $250.00 14-460 Parking Violations (unless fine amount specifically provided below) $40.00 $250.00 14-490 Bicycle License Required $100.00 $250.00 14-495 Removing, Destroying, Mutilating Frame Numbers or License Decals $100.00 $250.00 14-497 Requirements of Rental Agencies $100.00 $250.00 14-498 Bicycle Riding Restrictions $100.00 $250.00 14-520 Skateboard and Roller Skates Prohibited Certain Areas $20.00 $200.00 14-551 Vehicle Equipment Violations $50.00 $250.00 14-552 When Lighted Lamps are Required $50.00 $250.00 14-554 Lamps on Other Vehicles and Equipment $50.00 $250.00 14-558 Special Restrictions on Lamps $50.00 $250.00 14-559 Special Lighting Equipment on School Buses $40.00 $250.00 14-560 Brakes $50.00 $250.00 14-561 Horns and Warning Devices $40.00 $250.00 14-562 Mufflers, Prevention of Noise $40.00 $250.00 14-563 Tires $40.00 $250.00 14-591 Obedience to Traffic Regulations $40.00 $250.00 Article XXII of Chapter 14 Public Demonstration Permits $50.00 $750.00 Yes Chapter 16 Nuisances
Chapter 16 Nuisances $50.00, $100.00 for a second offense; $300.00 for a third and subsequent offense $750.00 Yes 16-56 Removal of dead, dying or diseased trees or limbs $100.00 $750.00 Yes Article V of Chapter 16 Noise $75.00, $150.00 for each subsequent offense $750.00 Yes Chapter 20 Public Ways
20-91 Obstructing Streets $50.00 $750.00 20-92 Dumping Snow on Streets $50.00 $750.00 Article VII of Chapter 20 Trees and Shrubs on Public Property $50.00 $7,500.00 Yes Chapter 22 Refuse, Recycling and Yard Waste
Article II of Chapter 22 Refuse Storage Containers $50.00 $750.00 Chapter 24 Regulation of Commercial and Quasi-Commercial Activities
24-3 General Business License $100.00 $750.00 Yes 24-4 24-Hour License $100.00 $750.00 Yes 24-5 Food Handler License $100.00 $750.00 Yes 24-6 Gasoline Service Station License $100.00 $750.00 Yes 24-7 Firearms Dealers Prohibited $100.00 Yes Article II of Chapter 24 Outdoor Restaurant Seating and Cooking License $100.00 $750.00 Yes Article III of Chapter 24 Massage Establishments $100.00 $750.00 Yes 24-100(a) Unlawful Sale or Delivery $50.00 $750.00 Yes 24-133 Newsrack Permit $100.00 $750.00 Yes Article VI of Chapter 24 Regulation of Certain Business Activities $100.00 $750.00 Yes 24-194 Operating without a License or Permit $100.00 $750.00 Yes 24-196 Penalty for Furnishing False Fee Information $5,000.00 $5,000.00 Yes Article VIII of Chapter 24 Police Alarm Systems $100.00 $750.00 24-236—24-238 Fire Alarm Systems $100.00 $750.00 Article IX of Chapter 24 Regulation of Film Production $150.00 $1,000.00 Article X of Chapter 24 Valet Parking Services $100.00 $750.00 Article XII of chapter 24 Towing and Relocating of Vehicles $200.00 $2,000.00 Yes Article XIII of chapter 24 Booting and Immobilization of Vehicles $200.00 $2,000.00 Yes Article XIV of Chapter 24 Group Homes $200.00, $750.00 for each subsequent offense $750.00, $1,500.00 for each subsequent offense Yes Chapter 26 Sewer and Water Facilities
Article VI of Chapter 26 Water Meters $500.00 $750.00 Yes Article IX of Chapter 26 Sewer Use $50.00 $750.00 Yes Article XI of Chapter 26 Lawn Sprinkling $50.00 $200.00 Yes Chapter 28 Telecommunications
Chapter 28 Telecommuni-
cations$100.00 $750.00
(Code 1993, § 2-24.4; Ord. No. 2017-O-77, 12-12-2017; Ord. No. 2018-O-19, § 4, 4-24-2018; Ord. No. 2018-O-26, § 3, 5-22-2018)