O-25-13 Amending Section 1.16.010 (General Penalty) of the Lemont Municipal Code.VILLAGE OF LEMONT
ORDINANCE NO. 10. a 7 - / 3
AN ORDINANCE AMENDING SECTION 1.16.010 (GENERAL PENALTY) OF
THE LEMONT MUNICIPAL CODE
ADOPTED BY THE
PRESIDENT AND THE BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 10th DAY OF JUNE, 2013
Published in pamphlet form by
Authority of the President and
Board of Trustees of the Village of
Lemont, Counties of Cook, Will and
DuPage, Illinois, this 10th day of June, 2013
ORDINANCE NO
AN ORDINANCE AMENDING SECTION 1.16.010 (GENERAL PENALTY) OF
THE LEMONT MUNICIPAL CODE
WHEREAS, the Village of Lemont ( "Village ") is an Illinois Municipal Corporation
pursuant to the Illinois Constitution of 1970 and the Statutes of the State of Illinois;
WHEREAS, the Village of Lemont desires to amend the Lemont Municipal Code to
include the option of successful completion of education programs to the selection of punitive
choices for code violations;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COOK, DUPAGE AND WILL
COUNTIES, ILLINOIS, as follows:
SECTION 1: The foregoing findings and recitals, and each of them, are hereby adopted
as Section 1 of this Ordinance and are incorporated by reference as if set forth verbatim herein.
SECTION 2: The Lemont, Illinois Municipal Code ( "Village Code "), as amended, is
hereby further amended in Title 1, General Provisions, Chapter 1.16 General Penalty, Section
1.16.010 General Penalty, with additions shown in bold and underlined text, so that the same
shall be read as follows:
Section 1.16.010 General Penalty
(a) In this section, the term "violation of this Code" means:
(1) Doing an act that is prohibited, made or declared unlawful or an offense by
ordinance or by rule or regulation authorized by ordinance;
(2) The failure to perform an act that is required to be performed by ordinance or by
rule or regulation authorized by ordinance; or
(3) The failure to perform an act if the failure is prohibited, made or declared
unlawful or an offense by ordinance or by rule or regulation authorized by
ordinance.
(b) A person is also guilty of a violation of this Code if the person counsels, aids, or abets
in a violation of this Code.
(c) A corporation may be prosecuted for a violation of this Code committed by any
officer, agent, or employee of the corporation where the offense is committed while
such person is acting within the scope of the person's office, employment or agency,
or the commission of such offense is authorized, requested, commanded, performed,
permitted, allowed, or by neglect of such corporation. An officer or any other agent
who has a position of comparable authority for the formulation of corporate policy or
the supervision of subordinate employees in a managerial capacity is legally
accountable for any offense committed in the name of or in behalf of the corporation
to the same extent as if it were performed in his own name and behalf and may be
prosecuted for violations of this Code. Prosecutions for violations may be jointly,
severally or in the alternative against any of the above -named persons. Persons jointly
liable for any violations may be prosecuted under one complaint.
(d) In all cases where a violation is made punishable under more than one section or
provision of any village code or regulation, the prosecuting officer may proceed under
one or more of the applicable sections or provisions, but in no case shall more than
one penalty be imposed upon a person for a single violation except that the revocation
of a license or permit or the issuance and any injunction, stop order or similar cease
and desist order shall not be considered a penalty so as to bar any other penalty from
being imposed.
(e) In this section, the term "violation of this Code" does not include the failure of a
village officer or village employee to perform an official duty, unless it is provided
that failure to perform the duty is to be punished as provided in this section or it is
clear from the context that it is the intent to impose the penalty provided for in this
section upon the officer or employee.
(f) Except as otherwise provided:
(1) A person convicted of a violation of this Code shall be punished by a fine of not
less than $50.00 and not more than $750.00. For certain violations, successful
completion of a drug/alcohol/tobacco /theft education program with a court-
approved curriculum may also be required for any one offense.
(2) With respect to violations of this Code that are continuous with respect to time,
each day the violation continues is a separate offense.
(3) With respect to violations of this Code that are not continuous with respect to
time, each act is a separate offense.
(4) Violations of this Code that are continuous with respect to time are a public
nuisance and may be abated by injunctive or other equitable relief and by such
other means as are provided by law. The imposition of a penalty does not prevent
equitable relief or administrative adjudication of violations of this Code.
SECTION 3: That the Village Clerk of the Village of Lemont be and is directed hereby
to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois, made
and provided.
SECTION 4: Should any Section or provision of this Ordinance be declared by a Court
of competent jurisdiction to be invalid, such decision shall not affect the validity of the
Ordinance as a whole or any part thereof other than the part declared to be invalid.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval and publication as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE,
ILLINOIS, on this I thh day of June, 2013.
PRESIDENT AND VILLAGE BOARD MEMBERS:
A EST:
CHARLENE SMOLLEN
Village Clerk
NAYS: ABSENT: ABSTAIN
4
K.
President
AYES:
Debby Blatzer
Paul Chialdikas
✓
Clifford Miklos
✓
Ron Stapleton
Rick Sniegowski
Jeanette Virgilio
A EST:
CHARLENE SMOLLEN
Village Clerk
NAYS: ABSENT: ABSTAIN
4
K.
President