(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 perform some reasonable public service
work such as but not limited to the picking up of litter in public parks or
along public highways or the maintenance of public facilities. (Source: P.A. 89‑63, eff. 6‑30‑95.)
(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 perform some reasonable public service
work such as but not limited to the picking up of litter in public parks or
along public highways or the maintenance of public facilities. 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. 86‑299.)
(65 ILCS 5/1‑2‑1.2) Sec. 1‑2‑1.2. Felony DUI prosecutions prohibited. (a) A unit of local government, including a home rule unit, may not enforce any ordinance that prohibits driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof if, based on the alleged facts of the case or the defendant's driving history or record, the offense charged would constitute a felony under Section 11‑501 of the Illinois Vehicle Code, unless the State's Attorney rejects or denies felony charges for the conduct that comprises the charge. (b) A municipal attorney must (i) review the driving record of any defendant accused of violating any ordinance that prohibits driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof and (ii) if the offense charged would constitute a felony under Section 11‑501 of the Illinois Vehicle Code, notify the State's Attorney of the county of the felony charges. (c) 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. 94‑111, eff. 1‑1‑06; 94‑740, eff. 5‑8‑06.)
(65 ILCS 5/1‑2‑2)(from Ch. 24, par. 1‑2‑2) Sec. 1‑2‑2. The ordaining clause of ordinances in cities shall be: "Be it
ordained, by the City Council of ....." The ordaining clause of ordinances in villages shall be: "Be it ordained
by the President and Board of Trustees of the Village of ....." Unless the charter of an incorporated town otherwise provides, the
ordaining clause of ordinances in incorporated towns shall conform as
nearly as possible to one of the forms specified in this section. (Source: Laws 1961, p. 576.)
(65 ILCS 5/1‑2‑3)(from Ch. 24, par. 1‑2‑3) Sec. 1‑2‑3. The mayor may appoint, by and with the advice and consent of
the city council, one or more competent persons to prepare and submit to
the city council, for adoption or rejection, an ordinance to revise the
city ordinances. The compensation for this revision shall be fixed by the
city council and paid out of the city treasury. The corporate authorities of villages and incorporated towns have the
power conferred upon cities in the preceding paragraph of this section. (Source: Laws 1961, p. 576.)
(65 ILCS 5/1‑2‑3.1) Sec. 1‑2‑3.1. Building codes. Beginning on the effective date of this
amendatory Act of
the 92nd General Assembly, any municipality with a population of less than
1,000,000 adopting a new building code or
amending an
existing building code must, at least 30 days before adopting the code or
amendment,
provide an identification of
the code, by title and edition, or the amendment to the Illinois Building
Commission for identification on
the Internet. For the purposes of this Section, "building code" means any ordinance,
resolution, law,
housing or building code, or zoning ordinance that establishes construction
related activities applicable to structures
in the municipality. (Source: P.A. 92‑489, eff. 7‑1‑02.)
(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.)
(65 ILCS 5/1‑2‑5)(from Ch. 24, par. 1‑2‑5) Sec. 1‑2‑5. The municipal clerk shall record, in a book used exclusively
for that purpose, all ordinances passed by the corporate authorities.
Immediately following each ordinance the municipal clerk shall make a
memorandum of the date of the passage and of the publication or posting,
where required, of the ordinance. This record and memorandum, or a
certified copy thereof, shall be prima facie evidence of the contents,
passage, and of the publication or posting of ordinances. This section shall not apply to cities with a population of 500,000 or
more. (Source: Laws 1961, p. 576.)
(65 ILCS 5/1‑2‑6)(from Ch. 24, par. 1‑2‑6) Sec. 1‑2‑6. The contents of all municipal ordinances, the date of passage,
and the date of publication or posting, where required, may be proved by
the certificate of the municipal clerk, under the seal of the corporation. Whenever municipal ordinances are printed in book or pamphlet form, and
purport to be published by authority of the corporate authorities, such
book or pamphlet shall be prima facie evidence of the contents, passage,
and legal publication of such ordinances, as of the dates mentioned in such
book or pamphlet, in all courts and administrative tribunals. (Source: Laws 1961, p. 576.)
(65 ILCS 5/1‑2‑7)(from Ch. 24, par. 1‑2‑7) Sec. 1‑2‑7. All actions brought to enforce any fine, imprisonment, penalty,
or forfeiture under any ordinance of any municipality, shall be brought in
the corporate name of the municipality, as plaintiff. No prosecution,
recovery, conviction, or acquittal, for the violation of any ordinance,
shall constitute a defense to any other prosecution of the same party for
any other violation of the same or any other ordinance, although the
different causes of action existed at the same time, and, if united, would
not have exceeded the jurisdiction of the court. (Source: P. A. 77‑1295.)
(65 ILCS 5/1‑2‑8)(from Ch. 24, par. 1‑2‑8) Sec. 1‑2‑8. All fines, penalties, and forfeitures for the violation of
ordinances, when collected, and all other money collected for a
municipality shall be paid into the treasury of the municipality, at such
times and in such manner as may be prescribed by ordinance. (Source: Laws 1961, p. 576.)
(65 ILCS 5/1‑2‑9)(from Ch. 24, par. 1‑2‑9) Sec. 1‑2‑9. Except as provided in Section 1‑2‑9.1 of this Act, in all
actions for the violation of any municipal
ordinance, the first process shall be a summons or a warrant. A warrant
for the arrest of an accused person may issue upon the affidavit of any
person that an ordinance has been violated, and that the person making
the complaint has reasonable grounds to believe that the party charged
is guilty thereof. Every person arrested upon a warrant, without
unnecessary delay, shall be taken before the proper officer for trial. (Source: P.A. 81‑704.)
(65 ILCS 5/1‑2‑9.1)(from Ch. 24, par. 1‑2‑9.1) Sec. 1‑2‑9.1. Service by certified mail. In all actions for violation
of any municipal ordinance where the fine would not be in excess of
$750 and no jail term could be imposed, service of summons may
be made by the city clerk by certified mail, return receipt requested,
whether service is to be within or without the State. (Source: P.A. 89‑63, eff. 6‑30‑95.)
(65 ILCS 5/1‑2‑9.2)(from Ch. 24, par. 1‑2‑9.2) Sec. 1‑2‑9.2. Service of notice of violation of ordinance governing
parking or standing of vehicles in cities with a population over 500,000.
In cities with a population over 500,000, the
notice of violation of an ordinance governing the parking or standing of
vehicles is the summons and complaint for purposes of the Code of Civil
Procedure, as now or hereafter amended. A police officer, parking enforcement aide, or other person authorized by
ordinance to issue a notice of a vehicle parking or standing violation
complaint may serve the
summons and complaint for a vehicle parking or standing violation by
affixing the original or a
facsimile thereof to an unlawfully parked or standing vehicle or by handing the notice
to the operator of the vehicle if the operator is present. This Section is not intended to change the law in
effect before the effective date of this amendatory Act of 1989, but is
intended to clarify existing law. The service of a summons and
complaint in accordance with this Section is legally
sufficient regardless of whether service was made before, on, or
after the effective date of this amendatory Act of 1989. (Source: P.A. 86‑947.)
(65 ILCS 5/1‑2‑11)(from Ch. 24, par. 1‑2‑11) Sec. 1‑2‑11. (a) A sheriff may serve any process or make any arrest in a
municipality or a part of a municipality located in the county in which the
sheriff was elected that any officer of that municipality is authorized to
make under this Code or any ordinance passed under this Code. (b) Police officers may serve summons for violations of ordinances
occurring within their municipalities. (c) In addition to the powers
stated in Section 8.1a of the Housing Authorities Act, in counties with a
population of 3,000,000 or more inhabitants, members of a housing
authority police force may serve process for forcible entry and detainer
actions commenced by that housing authority and may execute orders of
possession for that housing authority. (Source: P.A. 89‑594, eff. 8‑1‑96.)
(65 ILCS 5/1‑2‑12)(from Ch. 24, par. 1‑2‑12) Sec. 1‑2‑12. Any person incarcerated on a charge of violating a bailable
municipal ordinance who does not supply bail and against whom a fine is
levied upon conviction of such offense, shall be allowed a credit of $2.00
for each day so incarcerated prior to conviction, but such credit shall not
exceed the amount of the fine levied. (Source: Laws 1961, p. 2428.)
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