| ||||
| Public Act 097-0330 | ||||
| ||||
| ||||
AN ACT concerning local government.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 5. The Township Code is amended by changing Section | ||||
100-10 as follows:
| ||||
(60 ILCS 1/100-10)
| ||||
Sec. 100-10. Township enforcement officer.
| ||||
(a) The township board may appoint one or more a township | ||||
enforcement officers officer to serve
for a term of one year | ||||
and may remove an the officer with or without for cause. Every | ||||
person
appointed to the office of township enforcement officer, | ||||
before entering on the
duties of the office and within 10 days | ||||
after being notified of the
appointment, shall cause to be | ||||
filed in the office of the township clerk a
notice signifying | ||||
his or her acceptance of the office. A neglect to cause the
| ||||
notice to be filed shall be deemed a refusal to serve.
| ||||
(b) The sheriff of the county in which the township is | ||||
situated may
disapprove any such the appointment within 30 days | ||||
after the notice is filed. The
disapproval precludes that | ||||
person from serving as a the township enforcement
officer, and | ||||
the township board may appoint another person
to that position
| ||||
subject to approval by the sheriff.
| ||||
(c) Every person appointed to the office of township | ||||
enforcement officer,
before entering upon the duties of the | ||
office, shall execute, with sufficient
sureties to be approved | ||
by the supervisor or clerk of the township, an
instrument in | ||
writing by which the township enforcement officer and his or | ||
her
sureties shall jointly and severally agree to pay to each | ||
and every person who
may be entitled thereto all sums of money | ||
as the township enforcement officer
may become liable to pay on | ||
account of any neglect or default of the township
enforcement | ||
officer or on account of any misfeasance of the township
| ||
enforcement officer in the discharge of, or failure to | ||
faithfully perform, any
of the duties of the office.
| ||
(d) The township enforcement officers officer shall have | ||
the same power and authority
within the township as a deputy | ||
sheriff but only for the purpose of enforcing
township | ||
ordinances. Notwithstanding any other provisions of this | ||
Section, township enforcement officers are authorized to | ||
enforce county ordinances within areas of a county located | ||
within the township pursuant to intergovernmental agreements | ||
between the respective county and township to the extent | ||
authorized by the agreement. The township enforcement officer | ||
shall not carry firearms
and will not be required to comply | ||
with the Peace Officer Firearm Training Act.
The officer shall | ||
attend law enforcement training classes conducted by the
| ||
Illinois Law Enforcement Training Standards Board. The | ||
township board
shall appropriate all necessary monies for the | ||
training.
| ||
(d-5) (1) Except as provided in paragraph (2) of this | ||
subsection, in all
actions for the violation of any township | ||
ordinance, the township enforcement
officers officer shall be | ||
authorized to issue and to serve upon any person who the
| ||
township enforcement officer has reasonable grounds to believe | ||
is guilty of a
violation of a township ordinance a notice of | ||
violation that shall constitute
a summons and complaint. A copy | ||
of such notice of violation shall be forwarded
to the circuit | ||
court having jurisdiction over the township where the violation
| ||
is alleged to have been committed. Every person who has been | ||
issued a summons
shall appear for trial, and the action shall | ||
be prosecuted in the corporate
name of the township. | ||
Enforcement of county ordinances shall be in accordance with | ||
procedures adopted by the county and any applicable State law.
| ||
(2) In all actions for violation of any township ordinance | ||
when the fine
would not be in excess of $500 and no jail term | ||
could be imposed, service of
summons may be made by the | ||
township clerk by certified mail, return receipt
requested, | ||
whether service is to be within or without the State.
| ||
(e) The township enforcement officers officer shall carry | ||
an identification documents document
provided by the township | ||
board identifying him or her as a the township
enforcement | ||
officer. The officers officer shall notify the township clerk | ||
of any
violations of township ordinances.
| ||
(f) Nothing in this Code precludes a county auxiliary | ||
deputy or deputy
sheriff, or a municipal policeman or auxiliary | ||
police officer from serving as a
township enforcement officer | ||
during off-duty hours.
| ||
(g) The township board may provide compensation for the | ||
township enforcement
officer on either a per diem or a salary | ||
basis.
| ||
(h) (Blank).
| ||
(Source: P.A. 94-984, eff. 6-30-06.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||