Legal Question in Civil Litigation in Illinois

State Illinois. City council passed new ordinance in August of 2011. Received notice we were to correct problem to escape being fined. The notice did not give an explanation of what the offense was, just a chapter/section number. Looked it up in local ordinances available online which states that number is reserved for future ordinances, nothing listed. Called issuing officer no less than 6 times over five day period, which was all we had before further action. Never in office, never returned any voice mails. Got another notice saying we were being fined $200 plus court costs if found guilty at an upcoming hearing. Went to department in person to confront the officer and find out why he hadn't returned my calls. His reason for the ordinance violation verbally does not agree with what is written on the notice. Both reasons according to the ordinances available to the public are not valid reasons. Contact Chief of Police and City Attorney. They tell me the ordinance the officer sited was pass last August, 2011. Don't they have to give some sort of notice to the public or at least publish it before fining everyone? I would think there would have to be some sort of reasonable things that have to be done before tossing out a bunch of violations of ordinances that nobody knows exists or can even find out about with a reasonable search. Or are cities allowed to make up ordinances and start fining everyone before they know what happened?


Asked on 4/03/12, 2:25 pm

1 Answer from Attorneys
Stephen Messutta

1. If the ticket does NOT cite you for a valid, existing ordinance violation or cites the wrong violation or ordinance, you should win if they sue you since due process requires that you are given reasonable information about what you're accused of.

2. If the ordinance has been around for a year or so and you did not know about it, that is not an excuse except that if you correct any violation then normally on a first court date the case should be dismissed. But then you need to know what you did wrong.

So if you NOW know what the violation is for, and know you could be issued a correct citation even if this one is dismissed, you do have the option of fixing what you know is wrong Or going to court to complain the ticket was wrong and taking your chances a judge agrees and throws the ticket out, but assume before you leave the court you will be issued a new citation with the correct ordinance noted.

Read more
Answered on 4/07/12, 2:47 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Illinois