Chapter 10-88
PENALTIES
Sections:
10-88-000 Adoption by reference.
10-88-010 Penalties for driving under the influence of intoxicating liquor or narcotic drugs.
10-88-020 Penalties for failure to pay for parking in public parking lots.
10-88-030 Penalties for parking violations.
10-88-040 Penalties for bicycle violations.
10-88-050 Penalties for violations of other provisions.
10-88-090 Uninsured vehicle and vehicle impoundment.
10-88-100 Open alcohol and vehicle impoundment.
10-88-110 Driving with an outstanding warrant.
10-88-120 Driving while registration is cancelled, suspended, or revoked.
10-88-130 Display of false insurance card.
10-88-150 Cannabis in vehicles.
10-88-160 Controlled substances in vehicles.
10-88-170 Drug paraphernalia in vehicles.
10-88-000 Adoption by reference.
A. There is hereby adopted by reference the Illinois Vehicle Code, 625 I LCS 5/1-100, et seq., as it presently exists and as hereafter amended, the same being a public record of the state, with the exception of certain sections thereof hereinafter set forth.
B. Excluded from adoption by reference by this section are the following sections of the aforesaid Illinois Vehicle Code:
1. Chapter 2 in its entirety, 625 ILCS 5/2;
2. Chapter 3, Article I, II, V, VI, VIII and IX;
3. Chapter 5, 625 ILCS 5/5;
4. Chapter 7, 625 ILCS 5/7;
5. Chapter 8, 625 ILCS 5/8;
6. Chapter 9, 625 ILCS 5/9;
7. Chapter 10, 625 ILCS 5/10;
8. Chapter 13, 625 ILCS 5/13-101 to 5/13-114;
9. Chapter 15, 625 ILCS 5/15-100 to and including 5/15-110;
10. Chapter 16, 625 ILCS 5/16-101 to 5/16-107;
11. Chapter 17, 625 ILCS 5/17;
12. Chapter 18, 625 ILCS 5/18; and
13. Chapter 20, 625 ILCS 5/20. (Ord. 3485 § 4, 2024)
10-88-010 Penalties for driving under the influence of intoxicating liquor or narcotic drugs.
A. It is unlawful and punishable as provided in subsection C of this section for any person who is a habitual user of narcotic drugs or any person who is under the influence of intoxicating liquor or narcotic drugs to drive or attempt to drive any vehicle within this city.
B. Upon the trial of any action or proceedings arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor, evidence of the amount of alcohol in a person’s blood at the time of the act alleged as shown by chemical analysis of his breath, blood, urine, saliva or other bodily substance is admissible, and the result of any such analysis shall give rise to the following presumptions:
1. If there was five-hundredths (0.05) percent or less by weight of alcohol in the person’s blood, it shall be presumed that such person was not under the influence of intoxicating liquor;
2. If there was in excess of five-hundredths (0.05) percent but less than fifteen-hundredths (0.15) percent by weight of alcohol in the person’s blood, such fact shall not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining whether such person was under the influence of intoxicating liquor;
3. If there was fifteen-hundredths (0.15) percent or more by weight of alcohol in the person’s blood, it shall be presumed that such person was under the influence of intoxicating liquor;
4. The foregoing provisions of this subsection B shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor.
C. Every person who is convicted of a violation of this section shall be imprisoned for not less than two (2) days nor more than six (6) months, or by a fine as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements, or by both such fine and imprisonment.
D. On a second or subsequent conviction for an offense committed under subsection A of this section within five (5) years after commission of the first offense, such person shall be punished by imprisonment for not less than seven (7) days nor more than six (6) months, and in the discretion of the court, a fine as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements.
E. Any person who has been convicted of an offense of driving under the influence of alcohol or narcotic drug, committed on a previous date or occasion other than that for which the person was convicted under subsection A of this section, pursuant to the laws of the state of Illinois or any other municipality of the state of Illinois, shall be considered a second offender subject to the penalties prescribed in subsection D of this section; provided, such prior offense was committed within five (5) years prior to the date the offense was committed under subsection A of this section.
F. Upon the trial of an offense under subsection A of this section, and after conviction and before sentencing, the records from the Illinois Secretary of State’s Office shall be admissible as bearing on the question of previous convictions under this section, and the penalty to be applied in such case.
G. A motor vehicle that is used in the violation of subsection A of this section shall be subject to seizure and impoundment under this section and in accordance with the procedures set forth in Section 9-52-010 of this code. The owner of record of such vehicle shall be liable to the city for an administrative penalty as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 3421 § 13, 2021; prior code § 10-2)
10-88-020 Penalties for failure to pay for parking in public parking lots.
It is unlawful for any person to park a vehicle in a public parking lot in which there are parking meters or boxes unless such person pays for the use of such public parking lot by depositing the appropriate amount in said parking meter or box. Violations of this section shall be penalized by a fine as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 2400 § 1, 1985)
10-88-030 Penalties for parking violations.
A. Any person who violates any of the provisions relative to parking or storage of vehicles contained in this title, including Chapters 10-48, 10-56, 10-64, 10-68 and 10-84, shall be subject to a fine as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. Each day that the violation continues shall be considered a separate offense.
B. If the violator pleads guilty to the offense and pays the fine within seven days of issuance of a citation therefor, the fine shall be as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 3260 § 1 (part), 2012; Ord. 2499 § 2 (part), 1987: Ord. 2221, 1981)
10-88-040 Penalties for bicycle violations.
A. Every person who violates any provisions relative to the operation of bicycles, including Chapter 10-16 of this Title 10, shall be subject to a fine as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. Each day that the violation continues shall be considered a separate offense.
B. If the violator pleads guilty to the offense and pays the fine within seven days of issuance of a citation therefor, the fine shall be as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 2499 § 2 (part), 1987)
10-88-050 Penalties for violations of other provisions.
Except as provided for in Sections 10-88-030 and 10-88-040, every person who violates any provisions of this title shall be subject to a fine as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements, per violation. Each day that the violation continues shall be considered a separate offense. The amount of the fine assessed should increase with each repeat violation up to the maximum described in this section. (Ord. 3495 § 3, 2024; Ord. 3494 § 2(B), 2024; Ord. 3260 § 1 (part), 2012: Ord. 2499 § 2 (part), 1987)
10-88-060 Driving while driver’s license, permit or privilege is suspended or revoked and vehicle impoundment.
A. No person shall drive or be in actual physical control of a motor vehicle within the city without a valid driver’s license or permit as required by 625 ILCS 5/6-101 of the Illinois Vehicle Code or when such person’s driver’s license, permit or privilege to drive or the privilege to obtain a driver’s license or permit is revoked, suspended, or such person’s license or permit is expired for a period of greater than twelve (12) months. Every person found guilty of violating this section shall pay a fine of five hundred dollars ($500.00).
B. A motor vehicle that is used in the violation of this section shall be subject to seizure and impoundment under this section and in accordance with the procedures set forth in Section 9-52-010 of this code. The owner of record of such vehicle shall be liable to the city for an administrative penalty as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 3485 § 5, 2024; Ord. 3421 § 14, 2021)
10-88-070 False, fraudulent, fictitious, stolen or altered disability license plate or parking, decal or device and vehicle impoundment.
A. No person shall park on the public way, or park in any space designated by signage as a person with a disability parking space, or in any metered space, or in any parking stall of a private or public parking lot designated by the lot owner or his agent as reserved for person with disability parking, any vehicle displaying a false, fraudulent, fictitious, stolen or altered disability license plate or parking decal or device.
B. A motor vehicle that is used in the violation of this section shall be subject to seizure and impoundment under this section and in accordance with the procedures set forth in Section 9-52-010 of this code. The owner of record of such vehicle shall be liable to the city for an administrative penalty as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 3421 § 15, 2021)
10-88-080 False, stolen, or altered state registration or temporary state registration and vehicle impoundment.
A. No person shall operate or park on the public way any vehicle bearing false, stolen or altered state registration or temporary state registration.
B. A motor vehicle that is used in the violation of this section shall be subject to seizure and impoundment under this section and in accordance with the procedures set forth in Section 9-52-010 of this code. The owner of record of such vehicle shall be liable to the city for an administrative penalty as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 3421 § 16, 2021)
10-88-090 Uninsured vehicle and vehicle impoundment.
A. No person shall operate a motor vehicle in the city unless the motor vehicle is covered by a liability insurance policy in accordance with Section 7-601 of the Illinois Vehicle Code.
B. No person shall operate a motor vehicle when the registration of such vehicle is suspended for noninsurance under 625 ILCS 5/3-708 of the Illinois Vehicle Code.
C. Every person found guilty of violating this section shall pay a fine as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements.
D. A motor vehicle that is used in the violation of this section shall be subject to seizure and impoundment under this section and in accordance with the procedures set forth in Section 9-52-010 of this code. The owner of record of such vehicle shall be liable to the city for an administrative penalty as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 3485 § 6, 2024; Ord. 3421 § 17, 2021)
10-88-100 Open alcohol and vehicle impoundment.
Except as allowed by state law, no driver may transport any alcoholic liquor within the passenger area of any motor vehicle upon a street in this city except in the original container and with the seal unbroken.
A motor vehicle that is used in the violation of this section shall be subject to seizure and impoundment under this section and in accordance with the procedures set forth in Section 9-52-010 of this code. The owner of record of such vehicle shall be liable to the city for an administrative penalty as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 3421 § 18, 2021)
10-88-110 Driving with an outstanding warrant.
A. No person shall operate a motor vehicle in the city while an outstanding warrant exists for such person under 625 ILCS 5/6-303 or 625 ILCS 5/11-501 of the Illinois Vehicle Code. Every person found guilty of violating this section shall pay a fine as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements.
B. A motor vehicle that is used in the violation of this section shall be subject to seizure and impoundment under this section and in accordance with the procedures set forth in Section 9-52-010. The owner of record of such vehicle shall be liable to the city for an administrative penalty as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 3485 § 7, 2024)
10-88-120 Driving while registration is cancelled, suspended, or revoked.
A. No person shall operate a motor vehicle in the city with cancelled, suspended, or revoked registration as provided under 625 ILCS 5/3-702 of the Illinois Vehicle Code. Every person found guilty of violating this section shall pay a fine as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements.
B. A motor vehicle that is used in the violation of this section or Section 3-702 of the Illinois Vehicle Code shall be subject to seizure and impoundment under this section and in accordance with the procedures set forth in Section 9-52-010. The owner of record of such vehicle shall be liable to the city for an administrative penalty as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 3485 § 8, 2024)
10-88-130 Display of false insurance card.
A. No person shall display evidence of insurance to a law enforcement officer in the city if such person knows there is no valid liability insurance in effect on the motor vehicle as required under 625 ILCS 5/3-710 of the Illinois Vehicle Code. Every person found guilty of violating this section shall pay a fine as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements.
B. A motor vehicle that is used in the violation of this section or in the commission of displaying a false insurance card as defined in Section 3-710 of the Illinois Vehicle Code shall be subject to seizure and impoundment under this section and in accordance with the procedures set forth in Section 9-52-010. The owner of record of such vehicle shall be liable to the city for an administrative penalty as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 3485 § 9, 2024)
10-88-140 Tinted windows.
A. No person shall operate a motor vehicle in the city with tinted windows in violation of 625 ILCS 5/12-503 of the Illinois Vehicle Code. Every person found guilty of violating this section shall pay a fine as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements.
B. A motor vehicle that is used in the violation of this section or Section 5/12-503 of the Illinois Vehicle Code shall be subject to seizure and impoundment under this section and in accordance with the procedures set forth in Section 9-52-010. The owner of record of such vehicle shall be liable to the city for an administrative penalty as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 3485 § 10, 2024)
10-88-150 Cannabis in vehicles.
A. No person shall operate a motor vehicle in the city while in possession of cannabis in violation of 720 ILCS 550/4 of the Cannabis Control Act. Every person found guilty of violating this section shall pay a fine as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements.
B. A motor vehicle that is used in the violation of this section or Section 4 of the Cannabis Control Act shall be subject to seizure and impoundment under this section and in accordance with the procedures set forth in Section 9-52-010. The owner of record of such vehicle shall be liable to the city for an administrative penalty as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 3485 § 11, 2024)
10-88-160 Controlled substances in vehicles.
A. No person shall operate a motor vehicle in the city while in possession of a controlled substance as defined in 720 ILCS 570/401 – 720 ILCS 570/413 of the Illinois Controlled Substances Act. Every person found guilty of violating this section shall pay a fine as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements.
B. A motor vehicle that is used in the violation of this section or Sections 401 – 413 of the Controlled Substances Act shall be subject to seizure and impoundment under this section and in accordance with the procedures set forth in Section 9-52-010. The owner of record of such vehicle shall be liable to the city for an administrative penalty as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 3485 § 12, 2024)
10-88-170 Drug paraphernalia in vehicles.
A. No person shall operate a motor vehicle in the city while knowingly in possession of drug paraphernalia with the intent to introduce a controlled substance into the human body as defined in 720 ILCS 600/3.5 of the Drug Paraphernalia Control Act. Every person found guilty of violating this section shall pay a fine as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements.
B. A motor vehicle that is used in the violation of this section or Section 3.5 of the Drug Paraphernalia Control Act shall be subject to seizure and impoundment under this section and in accordance with the procedures set forth in Section 9-52-010. The owner of record of such vehicle shall be liable to the city for an administrative penalty as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 3485 § 13, 2024)