§ 14-55. Penalties.

(a)

Whoever violates section 14-57 shall, upon first conviction, be fined not less than $75.00 and sentenced to serve a minimum of four hours of community service in a court-approved litter abatement work program.

(b)

Upon second conviction, an offender shall be fined not less than $300.00 nor more than $500.00 and sentenced to serve a minimum of eight hours of community service in a court-approved litter abatement work program.

(c)

Upon third or subsequent conviction, an offender shall be fined $500.00, be imprisoned for not more than 30 days, or sentenced to serve not less than 24 hours nor more than 75 hours of community service in a court-approved litter abatement work program, or all or any combination of the penalties set forth in subsections (a) and (b) of this section.

(d)

The judge may require an individual convicted of a violation of this section to remove litter from state and local highways and streets, public rights-of-way, public playgrounds, public parks, or other appropriate locations within the village for any prescribed period of time in lieu of the penalties prescribed in this section.

(e)

A person may be found guilty and fined under this section although the commission of the littering offense did not occur in the presence of a law enforcement officer if the evidence presented at trial establishes that the accused has committed the offense.

(f)

For the purposes of this section, each occurrence shall constitute a separate violation.

(g)

In addition to penalties otherwise provided, a person convicted under this section shall:

(1)

Repair or restore property damaged by or pay damages for any damage arising out of the litter violation.

(2)

Pay all reasonable investigative expenses and costs to the investigative agency involving the litter violation.

(3)

Pay all other reasonable related costs and expenses of any nature whatsoever incurred by the village, including but not limited to administrative expenses, attorney fees, and all costs.

(Code 2004, § 23.6)