HomeMy WebLinkAboutORDINANCES-2018-010-O-181 /4/2018
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AN ORDINANCE
Amending City Code Section 1-4-1, "General Penalty,"
to Include Civil Restitution
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: City Code Section 1-4-1, "General Penalty," of the Evanston
City Code of 2012, as amended, is hereby further amended to read as follows:
1-4-1. - GENERAL PENALTY.
(A) Whenever any provision of this Code or any ordinance of the City: 1) prohibits
an act or makes or declares an act unlawful or an offense; or 2) requires an act
to be performed or declares the failure to perform an act to be unlawful or an
offense, and the Code is silent with respect to the penalty to be imposed upon a
finding of liable, the penalty shall be a fine of not less than twenty dollars
($20.00) but not more than seven hundred fifty dollars ($750.00) and/or
compliance with or community service orders as specified in Subsection 11-1-
9(F) of this Code. Where applicable, each day a Code provision is found to
have been violated shall constitute a separate offense and when the Code is
silent as to penalty, each separate offense subjects the violator to the penalty
provided for in this Subsection.
(B) In addition to any fine imposed under subsection (A) of this section, a violator
may be required to pay administrative costs and enforcement costs and may be
ordered to cease violating and/or comply with the Code provision(s) found to
have been violated and/or ordered to post a compliance bond as provided
by Title 11 of this Code. The Manager of the Division of Administrative
Adjudication shall establish a uniform schedule of administrative costs and
enforcement costs.
(C) In addition to any fine imposed under Subsection (A) of this Section, whenever
a finding of guilty is entered by the Circuit Court or a plea of guilty is entered by
a defendant, the Court may order a defendant to pay restitution. The Court will
determine the amount and conditions of the restitution payment.
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SECTION 2: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and will be received in evidence as provided
by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 3: All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 4: This ordinance will be in full force and effect from and after
its passage, approval and publication in the manner provided by law.
SECTION 5: If any provision of this ordinance or application thereof to any
person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity will
not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
Introduced: F�bru(XN 2018
Adopted: Keh mart � � , 2018
Attest:
Devon Reid, City Clerk
Approved:
,1'/%�f�.� , 2018
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Approved as to form:
W. Grant Farrar, Corporation Counsel
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