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Village of Mundelein v. Ollivier

OPINION FILED FEBRUARY 10, 1981.

THE VILLAGE OF MUNDELEIN, PLAINTIFF-APPELLEE,

v.

ANNETTE OLLIVIER, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Lake County; the Hon. TERRENCE J. BRADY, Judge, presiding.

MR. JUSTICE VAN DEUSEN DELIVERED THE OPINION OF THE COURT:

Rehearing denied March 20, 1981.

Defendant, Annette Ollivier, was found guilty of failing to display a city vehicle sticker in violation of the Mundelein Village Code and fined $15 plus costs.

On appeal, she first contends that Mundelein Ordinance 1.24.040 violates section 1-2-9 of the Municipal Code (Ill. Rev. Stat. 1979, ch. 24, par. 1-2-9) in that the village of Mundelein was without authority to issue a "Notice of Ordinance Violation" with the command to appear at the police station to plead guilty or to post bond and set a court date in lieu of a summons or complaint.

We do not reach the question of the validity of Mundelein Ordinance 1.24.040 because our examination of the ticket entitled "Notice of Ordinance Violation", which is in question in this case, discloses that it is just that, a notice, and no more.

On October 5, 1979, a village police officer placed a ticket entitled "Notice of Ordinance Violation," on the windshield of defendant's automobile as it was parked behind an apartment complex in the village of Mundelein. The ticket cited defendant with "Failure to Display Valid Vehicle Tag" but failed to identify the section of the village code allegedly violated. It also indicated that the amount of the violation was $25 and that it was to be paid within 10 days from the date of issuance, and it provided a place for the defendant to plead guilty to the violation named above and to waive trial and court hearing. It also contained the following language:

"BEFORE DUE DATE

— YOU MAY —

1. Mail or pay in person the amount specified at the Mundelein Police Department, 200 N. Seymour Ave., Mundelein, Ill 60060.

2. Appear in person at the Mundelein Police Department and request a court date."

Another notice, entitled "Notice of Ordinance Violation Second Notice," was furnished to the defendant. This notice was almost identical to the first except that it stated that the violation had to be paid before October 26, 1979, and added the following language to the above quoted section:

"Failure to comply may result in a warrant being issued for your arrest."

• 1 Contrary to the defendant's assertions, the "Notice of Ordinance Violation" does not command the defendant to do anything. Rather, it advised her of actions which she might take and, also, that if she chose to take no action, the village might take court action against her. Such notice of violation is not the commencement of court action for violation of a village ordinance and is not in contravention of the provisions of section 1-2-9 of the Municipal Code. Ill. Rev. Stat. 1979, ch. 24, par. 1-2-9.

Nothing in section 1-2-9 of the Municipal Code precludes the village from utilizing procedures for collecting fines and penalties in lieu of court action. Section 1-2-1 of the Municipal Code (Ill. Rev. Stat. 1979, ch. 24, par. 1-2-1) expressly authorizes municipalities to establish any procedures necessary to carry into effect the powers granted to it. Section 8-11-4 of the Municipal Code (Ill. Rev. Stat. 1979, ch. 24, par. 8-11-4) and section 2-121 of the Illinois Vehicle Code (Ill. Rev. Stat. 1979, ch. 95 1/2, par. 2-121) authorize municipalities to impose vehicle license fees. The "Notice of Ordinance Violation" issued in this case has been correctly characterized by the village as an administrative procedure used by many units of ...


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