093_SB0300

 
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 1        AN ACT concerning townships.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Township  Code  is  amended by changing
 5    Section 100-10 Section as follows:

 6        (60 ILCS 1/100-10)
 7        Sec. 100-10.  Township enforcement officer.
 8        (a)  The  township   board   may   appoint   a   township
 9    enforcement  officer  to serve for a term of one year and may
10    remove the officer for cause. Every person appointed  to  the
11    office  of  township  enforcement officer, before entering on
12    the duties of the office  and  within  10  days  after  being
13    notified  of  the appointment, shall cause to be filed in the
14    office of the township clerk a notice signifying his  or  her
15    acceptance  of the office. A failure to file neglect to cause
16    the notice to be filed shall be deemed a refusal to serve.
17        (b)  The sheriff of the county in which the  township  is
18    situated  may disapprove the appointment within 30 days after
19    the notice is filed.  The disapproval precludes  that  person
20    from  serving  as  the  township enforcement officer, and the
21    township board may appoint another person  to  that  position
22    subject to approval by the sheriff.
23        (c)  Every  person  appointed  to  the office of township
24    enforcement officer, before entering upon the duties  of  the
25    office,   shall  execute,  with  sufficient  sureties  to  be
26    approved by the supervisor  or  clerk  of  the  township,  an
27    instrument  in  writing  by  which  the  township enforcement
28    officer and his or her sureties shall jointly  and  severally
29    agree  to  pay  to  each and every person who may be entitled
30    thereto all sums of money as the township enforcement officer
31    may become liable to pay on account of any neglect or default
 
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 1    of the township enforcement officer  or  on  account  of  any
 2    misfeasance  of  the  township  enforcement  officer  in  the
 3    discharge  of,  or  failure to faithfully perform, any of the
 4    duties of the office.
 5        (d)  The township enforcement officer shall have the same
 6    power and authority within the township as a  deputy  sheriff
 7    but  only  for  the purpose of enforcing township ordinances.
 8    The township enforcement officer shall not carry firearms and
 9    will not be required to comply with the Peace Officer Firearm
10    Training Act.   The  officer  shall  attend  law  enforcement
11    training  classes  conducted  by the Illinois Law Enforcement
12    Training  Standards  Board.    The   township   board   shall
13    appropriate all necessary monies for the training.
14        (d-5) (1)  Except  as  provided  in paragraph (2) of this
15    subsection, in all actions for the violation of any  township
16    ordinance,   the   township   enforcement  officer  shall  be
17    authorized to issue and to serve  upon  any  person  who  the
18    township   enforcement  officer  has  reasonable  grounds  to
19    believe is guilty of a violation of a  township  ordinance  a
20    notice  of  violation  that  shall  constitute  a summons and
21    complaint.  A copy of  such  notice  of  violation  shall  be
22    forwarded  to  the circuit court having jurisdiction over the
23    township  where  the  violation  is  alleged  to  have   been
24    committed.   Every person who has been issued a summons shall
25    appear for trial, and the action shall be prosecuted  in  the
26    corporate name of the township.
27        (2)  In   all  actions  for  violation  of  any  township
28    ordinance when the fine would not be in excess of $500 and no
29    jail term could be imposed, service of summons may be made by
30    the  township  clerk  by  certified  mail,   return   receipt
31    requested,  whether  service  is  to be within or without the
32    State.
33        (e)  The township  enforcement  officer  shall  carry  an
34    identification   document  provided  by  the  township  board
 
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 1    identifying him or her as the township  enforcement  officer.
 2    The officer shall notify the township clerk of any violations
 3    of township ordinances.
 4        (f)  Nothing  in  this  Code precludes a county auxiliary
 5    deputy  or  deputy  sheriff,  or  a  municipal  policeman  or
 6    auxiliary policeman from serving as  a  township  enforcement
 7    officer during off-duty hours.
 8        (g)  The  township board may provide compensation for the
 9    township enforcement officer on either a per diem or a salary
10    basis.
11        (h)  (Blank).
12    (Source: P.A.  88-62;  88-586,  eff.  8-12-94;  89-589,  eff.
13    1-1-97.)