§ 1.06. Penalties.

(a)

Standard Penalty. Unless another penalty is specifically provided by this code for violation of any particular provision, section or chapter, any person violating any provision of this code, or any rule or regulation adopted or issued in pursuance thereof, or any provision of any code adopted herein by reference, shall upon conviction be subject to a fine of not less than twenty-five dollars ($25.00), nor more than one thousand dollars ($1,000.00), and the costs of prosecution.

(b)

Each Day of Violation. Each act of violation and each day upon which a violation occurs constitutes a separate offense.

(c)

Applicability. The penalty provided by this Section applies to the amendment of any section of this Code or a code adopted herein by reference whether or not such penalty is reenacted in the amendatory ordinance.

(d)

Reference to Sections. Reference to a section of this Code shall be understood also to refer to and include the penalty section relating thereto, unless otherwise expressly provided.

(e)

Failure of Officers to Perform Duties. The failure of an officer or employee of the City to perform an official duty imposed by this Code shall not subject such officer or employee to the penalty imposed for violation of this Code, unless a penalty is specifically provided in the Section creating the duty.

(f)

Fines Paid Over. Any magistrate shall pay over to the City Clerk all moneys collected by him on account of fines assessed or any fines or penalties belonging to the City within thirty (30) days after the same are collected.

(g)

Alternative Penalties.

(1)

In lieu of the Standard Penalty set forth in Section 1.06(a), any claim charging a violation of the following chapters of the Elmhurst Municipal Code:

Chapter 7, Water and Sewers

Chapter 12, Nuisances, Noise and Dangerous Buildings

Chapter 13, Animal Control

Chapter 16, Garbage and Rubbish

Chapter 22, Zoning

Chapter 24, Building Code; and

Chapter 25, Fire Prevention Code

and any codes adopted by reference by and through such chapters may be settled, compromised and paid in the respective amounts set forth in the following schedule:

For violations of Sections 6.15 and 6.16 of this Code:

If paid within ten (10) days of issuance of the citation, fifty dollars ($50.00);

If paid after ten (10) days of issuance of the citation, one hundred dollars ($100.00).

For all other violations:

If paid within ten (10) days of issuance of the citation, twenty-five dollars ($25.00);

If paid after ten (10) days of issuance of the citation, fifty dollars ($50.00).

(2)

In the event that payment is not made within twenty (20) days of the date of the citation, the matter may be turned over to a collection agent, or a complaint may be filed in a court of competent jurisdiction and served. Payment of any fine and costs shall be in such amounts as may be established by the court within the limits prescribed by Section 1.06(a) or other applicable provisions of this Code.

(h)

Supervision. In addition to or in lieu of any fine or penalty, which may be imposed for violation of an ordinance of the City, a disposition of supervision may be entered by the court upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of guilty. Pursuant to such disposition of supervision, the court shall defer entering any judgment on the charges until the conclusion of the supervision.

At the conclusion of the period of supervision, if the court determines that the defendant has successfully complied with all of the conditions of supervision, the court shall discharge the defendant and enter a judgment dismissing the charges.

"Supervision" means a disposition of conditional and revocable release without probationary supervision, but under such conditions and reporting requirements as are imposed by the court, at the successful conclusion of which disposition, the defendant is discharged and a judgment dismissing the charges is entered.

(4/3/95; 3/18/96; 9/3/96; Ord. 7-2003 § 1; Ord. 8-2005 § 1)