HomeMy WebLinkAboutOrd 3168 12/15/1981 RDINANCE NO. 3168
AN ORDINTLNCE TO A>ZEND SECTION 24.104
ENTITLED "PENALTIES" OF ARTICLE I,
CHAPTER 24 OF THE VILLAGE CODE OF
MOUNT PROSPECT, ILLINOIS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION 1: Section 24.104 entitled "Penalties" of Article I,
Chapter 24 of the Village Code by ~[ount Prospect, Illinois 1981 is
hereby amended by adding thereto a new Subsection C to read as
follows:
Ce
In any case involving a violation of this Code or an
Ordinance of this Village upon a) a plea of guilty, or
b) a stipulation by the defendant to the facts supporting
the charge, or c) a finding of guilt after trial, the
Court, in its sole discretion, may defer further pro-
ceedings and the imposition of a p~al~y and enter an
order for %upervision of the defendant. In determining
whether supervision is appropriate, the Court shall
consider the circumstances of the offense and the history,
character and condition of the defendant. Supervision
shall be ordered if the dourt is of the opinion that:
(1) the defendant is not likely to commit further
ordinance violations or crimes: (2) the defendant and
the public would best be served if the offense were not
on the'defendant's record: (3) in the best interests of
justice an order of 'supervision is more appropriate than
a penalty_ otherwise permitted under this Code.
No Order of Supervision shall be entered in any matter
where the defendant has previously been placed on super-
9ision by any court for any ordinance or statute violation
committed less than twelve months prior to the date of
the instant offense. Under no circumstances skall any
person be placed on supervision for violation of this
Code if such person has been previously placed on super-
vision for any offenses two or more times.
For violation of any traffic'offense under this Code,
the Court shall consult an available abstract of the
driving record of the defendant, or shall question the
defendant under oath with regard to his past driving
history. The Court shall consider the statement of the
prosecuting authority with regard to the standards set
forth in this section.
Except for parking violations, no Order of Supervision
may be entered for a violation of this Code unless as a
condition of supervision, a fine of at least $25.00,
exclusive of court costs, is also assessed. .This fine
may be waived or reduced if the person, testifying under
oath, satisfies to the Court that it would be an undue
financial hardship to pay such a fine."
~enever in this Code a penalty is provided for the
violation of any section thereof, the provisions of this
Subsection C shall be applicable and shall provide an
alternative order of supervision disposition for such
violation."
SECtiON 2: This Ordina~ce shall be in full_ . ffect
from and after its passage, approval and publication in pamphlet
form in the manner provided by law.
PASSED this 15th day of December , 1981.
AYES: Arthur, Farley, Floros, Miller, Wattenberg
NAYS: None
ABSENT: Murauskis
APPROVED this 15th day of December , 1981.
PUBLISHED this 15th day of December , 1981
in pamphlet form.
V~ LLAC-E PRESIDENT
ATTEST:
VILLAGE CLERK