(65 ILCS 5/1-2-1) (from Ch. 24, par. 1-2-1)
Sec. 1-2-1. The corporate authorities of each municipality may pass all
ordinances and make all rules and regulations proper or necessary, to carry
into effect the powers granted to municipalities, with such fines or
penalties as may be deemed proper. No fine or penalty, however, except
civil penalties provided for failure to make returns or to pay any taxes
levied by the municipality shall exceed $750 and no imprisonment
authorized
in Section 1-2-9 for failure to pay any fine, penalty or cost shall exceed
6 months for one offense.
A penalty imposed for violation of an ordinance may include, or consist
of, a requirement that the defendant do one or both of the following: (1) Complete an education program, except that a |
| holder of a valid commercial driver's license who commits a vehicle weight or size restriction violation shall not be required to complete an education program under this Section.
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(2) Perform some reasonable public service work such
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| as but not limited to the picking up of litter in public parks or along public highways or the maintenance of public facilities.
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A default in the payment of a fine or penalty or any installment of a fine or penalty may be collected by any means authorized for the collection of monetary judgments. The municipal attorney of the municipality in which the fine or penalty was imposed may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine or penalty or installment of that fine or penalty. Any fees or costs incurred by the municipality with respect to attorneys or private collection agents retained by the municipal attorney under this Section shall be charged to the offender.
A low-income individual required to complete an education program under this Section who provides proof of eligibility for the federal earned income tax credit under Section 32 of the Internal Revenue Code or the Illinois earned income tax credit under Section 212 of the Illinois Income Tax Act shall not be required to pay any fee for participating in a required education program.
(Source: P.A. 95-389, eff. 1-1-08; 96-288, eff. 8-11-09.)
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(65 ILCS 5/1-2-1.1) (from Ch. 24, par. 1-2-1.1)
Sec. 1-2-1.1.
The corporate authorities of each municipality may pass
ordinances, not inconsistent with the criminal laws of this State, to
regulate any matter expressly within the authorized powers of the
municipality, or incidental thereto, making violation thereof a misdemeanor
punishable by incarceration in a penal institution other than the
penitentiary not to exceed 6 months. The municipality is authorized to
prosecute violations of penal ordinances enacted under this Section as
criminal offenses by its corporate attorney in the circuit court by an
information, or complaint sworn to, charging such offense. The prosecution
shall be under and conform to the rules of criminal procedure. Conviction
shall require the municipality to establish the guilt of the defendant
beyond reasonable doubt.
A penalty imposed for violation of an ordinance may include, or consist
of, a requirement that the defendant do one or both of the following: (1) Complete an education program, except that a |
| holder of a valid commercial driver's license who commits a vehicle weight or size restriction violation shall not be required to complete an education program under this Section.
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(2) Perform some reasonable public service work such
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| as but not limited to the picking up of litter in public parks or along public highways or the maintenance of public facilities.
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A low-income individual required to complete an education program under this Section who provides proof of eligibility for the federal earned income tax credit under Section 32 of the Internal Revenue Code or the Illinois earned income tax credit under Section 212 of the Illinois Income Tax Act shall not be required to pay any fee for participating in a required education program.
This Section shall not apply to or affect ordinances now or hereafter
enacted pursuant to Sections 11-5-1, 11-5-2, 11-5-3, 11-5-4, 11-5-5,
11-5-6, 11-40-1, 11-40-2, 11-40-2a, 11-40-3, 11-80-9 and 11-80-16 of the
Illinois Municipal Code, as now or hereafter amended, nor to Sections
enacted after this 1969 amendment which replace or add to the Sections
herein enumerated, nor to ordinances now in force or hereafter enacted
pursuant to authority granted to local authorities by Section 11-208 of
"The Illinois Vehicle Code", approved September 29, 1969, as now or
hereafter amended.
(Source: P.A. 96-288, eff. 8-11-09.)
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(65 ILCS 5/1-2-1.5) Sec. 1-2-1.5. Ordinances penalizing tenants who contact police or other emergency services prohibited. (a) Definitions. As used in this Section: "Contact" includes any communication made by a tenant, landlord, guest, neighbor, or other individual to police or other emergency services. "Criminal activity" means a violation of the Criminal Code of 2012, of the Cannabis Control Act, of the Illinois Controlled Substances Act, or of the Methamphetamine Control and Community Protection Act. "Disability" means, with respect to a person: (1) a physical or mental impairment which |
| substantially limits one or more of such person's major life activities;
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(2) a record of having such an impairment; or
(3) being regarded as having such an impairment, but
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| such term does not include current, illegal use of or addiction to a controlled substance, as defined in the federal Controlled Substances Act, 21 U.S.C. 802.
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"Domestic violence", "landlord", "sexual violence", and "tenant" have the meanings provided under Section 10 of the Safe Homes Act.
"Dwelling unit" has the meaning provided under subsection (a) of Section 15 of the Landlord and Tenant Act.
"Penalizes" includes, but is not limited to:
(1) assessment of fees or fines;
(2) revocation, suspension, or nonrenewal of any
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| license or permit required for the rental or occupancy of any dwelling unit;
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(3) termination or denial of a subsidized housing
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| contract or housing subsidy; and
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(4) termination or nonrenewal of a residential lease
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"Subsidized housing" has the meaning provided under subsection (a) of Section 9-119 of the Code of Civil Procedure.
(b) Protection.
(1) No municipality shall enact or enforce an
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| ordinance or regulation that penalizes tenants or landlords based on:
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(A) contact made to police or other emergency
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| services, if (i) the contact was made with the intent to prevent or respond to domestic violence or sexual violence; (ii) the intervention or emergency assistance was needed to respond to or prevent domestic violence or sexual violence; or (iii) the contact was made by, on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual's disability;
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(B) an incident or incidents of actual or
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| threatened domestic violence or sexual violence against a tenant, household member, or guest occurring in the dwelling unit or on the premises; or
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(C) criminal activity or a local ordinance
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| violation occurring in the dwelling unit or on the premises that is directly relating to domestic violence or sexual violence, engaged in by a tenant, member of a tenant's household, guest, or other party, and against a tenant, household member, guest, or other party.
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(2) Nothing with respect to this Section: (A) limits
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| enforcement of Section 15.2 of the Emergency Telephone System Act, Article 26 of the Criminal Code of 2012, or Article IX of the Code of Civil Procedure; (B) prohibits municipalities from enacting or enforcing ordinances to impose penalties on the basis of the underlying criminal activity or a local ordinance violation not covered by paragraph (1) of subsection (b) of this Section and to the extent otherwise permitted by existing State and federal law; or (C) limits or prohibits the eviction of or imposition of penalties against the perpetrator of the domestic violence, sexual violence, or other criminal activity.
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(c) Remedies. If a municipality enacts or enforces an ordinance or regulation against a tenant or landlord in violation of subsection (b), the tenant or landlord may bring a civil action to seek any one or more of the following remedies:
(1) an order invalidating the ordinance or regulation
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| to the extent required to bring the ordinance or regulation into compliance with the requirements of subsection (b);
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(2) compensatory damages;
(3) reasonable attorney fees and court costs; or
(4) other equitable relief as the court may deem
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(d) Home rule. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 99-441, eff. 11-29-15 .)
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(65 ILCS 5/1-2-4) (from Ch. 24, par. 1-2-4)
Sec. 1-2-4.
All ordinances of cities, villages and incorporated towns
imposing any fine, penalty, imprisonment, or forfeiture, or making any
appropriation, shall (1) be printed or published in book or pamphlet
form, published by authority of the corporate authorities, or (2) be
published at least once, within 30 days after passage, in one or more
newspapers published in the municipality, or if no newspaper is
published therein, then in one or more newspapers with a general
circulation within the municipality. If there is an error in printing,
the publishing requirement of this Act shall be satisfied if those
portions of the ordinance that were erroneously printed are republished,
correctly, within 30 days after the original publication that contained the
error. The fact that an error occurred in publication shall not affect the
effective date of the ordinance so published. If the error in printing is not
corrected within 30 days after the date of the original publication that
contained the error, as provided in the preceding sentence, the corporate
authorities may by ordinance declare the ordinance that was erroneously
published to be nevertheless valid and in effect no sooner than
the tenth day after the date of the original publication, notwithstanding
the error in publication, and shall order the original ordinance to be
published once more within 30 days after the passage of the validating
ordinance. In municipalities with less than
500 population in which no newspaper is published, publication may
instead be made by posting a notice in 3 prominent places within the
municipality. An annual appropriation ordinance adopted under Section
8-2-9 shall take effect upon passage, but no other ordinance
described in this paragraph shall take effect until 10 days after it
is so published, except that an ordinance imposing a municipal
retailers' occupation tax adopted under Section 8-11-1, or a Tourism,
Convention and Other Special Events Promotion Tax adopted under Section
8-3-13, or effecting a change in the rate thereof shall take effect on
the first day of the month next following the expiration of the 30 day
publication period. However, ordinances establishing rules and
regulations for the construction of buildings or any part thereof, or
for the development or operation of camps accommodating persons in house
trailers, house cars, cabins or tents, where such rules and regulations
have been previously printed in book or pamphlet form, may by their
terms provide for the adoption of such rules and regulations or portions
thereof by reference thereto without further printing, or publication,
if not less than one copy of such rules and regulations in
book or
pamphlet form has been filed in the office of the clerk of the
municipality for use and examination by the public at least 30 days
prior to the adoption thereof.
All other ordinances, resolutions and motions, shall take effect upon
their passage unless they otherwise provide.
This Section applies to incorporated towns even if the Section's
provisions are in conflict with the charters of such incorporated towns.
Anything in this Section to the contrary notwithstanding, any
ordinance which contains a statement of its urgency in the preamble or
body thereof, other than an ordinance adopted under Article 8 of this
Code, may take effect immediately upon its passage provided that the
corporate authorities, by a vote of 2/3 of all the members then holding
office, so direct. The decision of the corporate authorities as to the
urgency of any ordinance shall not be subject to judicial review except
for an abuse of discretion.
(Source: P.A. 89-266, eff. 1-1-96.)
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