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HomeMy WebLinkAboutOrd 3 06/05/1917 .fjiJ/ '" ... " "- 007 ORDINANCE NO. ~. An Ordinance providing fo~ arrests, ac~ions, suits and prosecutions for the violation of village ordinances. SEOTION 1. Be it ordained by the President and Board of trustees of the Village of Mount Prospect, that, actions, suite anq prosecutions for the viOlation of any Village orc". nance may be oommenced and prosecuted in the corporate nams (1 the Village of Mount Prospect, before any Police Magistrate of the Village of Mount Prospect or any Justice of the Peace of the Oounty of Oook and State of Illinois. SEO,TION 2. In all aotions for the violation of any ordi- nance, the first process shall be a summons; PROVIDED, HOWEVER, that a .arrant for the arrest of the offender May issue in the first instance upon the affidavit of any person that any such ordinance has been viOlated, and that the person making the complaint has reasonable grounds to believe the party oharged is guilty thereofa and any person arrested upon such warrant shall, without unnecessary delay, be taken before the proper officer to be tried for the alleged offense. Any person upon whom any penalty shall be imposed may, upon the order of the Oourt or Magistrate before whom the conviotion is had, be committed to the county jailor the calaboose, Village prison, work house or other place provided by the Village of Mount Prospeot -for the incarceration of offendere, until such fine, penalty and ooste shall be fully paid; PROVIDED, that no such imprdson- ment shall exceed six Months for anyone offense. SECTION~. That the Village Policeman and Marshal of' said Village snall'be conservators of the peace, and are hereby sever- ally empowered and authorized to arrest with or without process or on view, all persons who shall break the peace or be found violating any ordinance of said Village, commit fer examination, and, if neQ&ssary, detain such person in custody o"'3r night or Sunday in th~illage jailor oalaboose until they car' bEt brought before the pOlice magistrate of said Village or any Justice of the Peace of Cook County in the State of Illinois. SECT~ON 4. Whenever any person or persons shall be arrest- ed without process or on view for breaking the peace, violating any of the ordinances of' the Village or any o'ther lawful cause, and shall be taken before the Police Magistrate or any Justice ~ gtai~~ Peaol ~s prescribed above, such Magistrate o~ Justice th . ~~teupon his docket the cause of suoh arrest as stata, by e of oepmaking the same, and proceed and determine the case in the same manner as if defendant had been arrested b warra.nt, 9r may continue the oase f'or lawful cause in whi Yr, case the defendant shall give special bail for his ~p earenc- before the oourt at the time for the hearing, by ~ndo~Sinb ~~e same on. the back of the warrant as follows: ~ named 0 ~, f~ BhiaCknOWledge myself special bail for the within , r B appearance in person, cefore the court, on I' ;' ,l~, 088 ,. .., r. the day of A.D. 19 " at 0' c100k M., and for the payment of, whatever...,i'ine or jlidgment that may be assessed or entered against 0, D.~he defendant, together will all costs attending the same, and I hereby enter my appearance in saldsuit for that purpose, and consent that judgment may be entered againBt ,me for the amount of any fine or. penalty adjudged herein against' the said C. D., together with costs," which endorsement shall bEl' signed by one or more sureties to be approved by the court before which said suit is pending. SEOTION 5. Upon the trial of any cause in which special bail shall have been given, if the defendant shall be found guilty, judgment shall be rendered against the defendant and the Burety or Bureties in the special bail for the amount of the fine assess- ed by the court or jury, and all costs that may have accrued. SEOTION 6. In all~ases of arrest without process, or on view, for a violation of\ any ordinance of this Village in whioh detention in custody of the person or persons so arr~sted shall be authori~ed by law or ordinance, or in cases of legal commit- ments by the Police Magistrate or a Justice of the Peace, it shall be the duty of the keeper of the Village Jailor caliboose, or other place of confinement, to receive, and he is hereby authorized and empowered to receive from any officer of this Village legally authorized to make such arrests, and such person or persons, . and him, her or them to safely keep until he, she or they can be safely brought before the Police Magistrate of this Village or some Justice of the Peace in said Oook County, and be tried for such violation in the manner prescribed by ordinance or law. SECTIOI 7. All fines, forfeitures, penalties and costs impos$J age. nst any person or persons for t.he breach of any ordi- nanceof this Village, may be recovered before thePolice Magis. trate.of this Village or any Justice of the Peace of saidCounty of Oook bi aotion of debt in the name of the "Villag~of Mt. Prospect, and judgments may be rendered t.hereon and collected by execution or other process, as other judgments of Justices of the Peace are rendered and collected; and such fines, forfeitures and penalties, when COllected, ahall be paid over to the Treasurer of sald Village within five days from the time of the receipt thereotby such Police Magistrate or Justice of the pe~ce. Ivery Police Magistrate or Justice cf the Peace in sai Village shall make a report in writing to the Village Board mo thly, showing a record of all fines, forfeitures and penalties by him coll&<)-ti'ed~ and no such PoliceMagistrate or Jua.tice of thePeace in the Village shall remit any fine, forfeiture or .penalty imposed on any person or persons wherein theVillage is a party as pl"lnti,ff or in anywise interested, without the written con- sent .01.' the President or on motion of theVillage Attorney. In all s.otione fer the viola.tion of any ordinance the first process shall be a summons where arrests have not been made on view or a war~ant has^not Issued. .SEOTION e. Whenever any person shall make compla.int in writing._ verified by affidavit, to the Police Magistrate Of",lth.is Village, or any Justice of the Peace within this Village an~shall tnerein state that any ordinance of this Village has been violated, and the complainant has reasonable grounds to believe that the \, ,", ,.~, \c. 009 , " '-- persop or persons charged in such complaint with such violation, lS,-lul1,t.,y thereot', said Pel ice Magistrate or Justice may issue a warrant t'or the arrest of the person or permons so charged, and any person or persons so charged and arrested upon such warrant, shall, without unnecessary delay, except as provided herein, be taken before the Police Magistrate or Justice of the Peace issuing such warrant to be tried for th~alleged violation. In all such cases continuances may be granted, bail taken and commitments made, as herein provided. SECTION*. In all cases wher~anyperBon or persons convict- ed of abreac of any of said ordinahces shall fail, neglect or refuse to pay any fine, forfeiture or penalty and coets, which may be adjudged against him, her or them, it shall be lawful for the Police Magistrate, Justice of the Peace or other Court be- fore whom Buch conviction is had, to order that such person or persons, so convicted as aforesaid, shall be committed to the jail of Cook County, the Village jailor calaboose or other place r provided for the confinement of offenders, there to remain until such fine, forfeiture or penalty and costs shall be fully paid or otherwise legally discharged: PIWVIDED, That no such i imprison'- ment shall continue for a longer period than six months for any .oneoffenee; and such person shall for each day he shall be im- prisoned b~ allowed the sum of fifty (50) cents to apply on the fine or penalty and costs until the same 1s fully paid. SECTION 10. Commitment of any person or persons as provided herein shall be~by mittimus under the hand ef the-Police Magis~ trate, Justice of the Peace or other Oourt, which shall have .made the . order for such commitment. SECTION 11. In every case where the trial fer th e breach of an, of the ordinances shall be by jury, the amount of the fine, penalty, forfeiture or punishment, the ~imite of wbich are pro-' vided-f'or by any ordinance, shall be assessed or fixed by the jury, if they shall find the defendant or defandants, guilty; and the Police Magistrate, Justice of the Peaoe or other court before whom the cas~ehall be tried by jury, shall record their verdict upon his doc'ket, and render judgrrent in accordance there- with,_ for the amount of the fine, penalty, forfeiture or punish- ment so assessed or fixed by the jury, and the costs of the suit. If the jury shall return a verdict of not guilty, Buch Magistrate, Justice or Oourt shall record the sanleand order that the defendant or defendants if held in custody, be dis- charged. S~CTION 12. Changes of venue and appeals from judgments in all cases arising under any of said ordinances, shall be allowed before Police Magistrates or Justices of the Peace; the same to be taken and granted in the same manner and with like effect as in other aotions of debt before Justices under the laws of this State. The same proceedings and practice shall be observed be- fore Magistrates and Justices to whom cbanges of venue are taken, and the s.me powers may be exercised by them as are provided fOr -_.~._~--".__. .. "" ---------.------' ....".,"'-;""" in this chapter. SECTION1~. This ordinance shall be in full foree and effect rrom an after its passage, approval and publication. Passed June 5th, 1917. Approved June 5th, 1917. Published June 7th, 1917. h)~~ ~ President Attest: Posted at the following places, to wit: Bussets Hardware Store Post Office Depot A 010 , :I ....'.\. . H_H n_J