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Section 1.18

Citations; issuance and service.

Adopted August 30, 2015

Municipal civil infraction citations shall be issued and served by authorized officials as follows:

(a) The time for appearance specified in the citation shall be within a reasonable time after the citation is issued.
(b) The place for appearance specified in a citation shall be the 71-B District Court.
(c) Each citation shall be numbered consecutively and shall be in a form approved by the State Court Administrator. The original citation shall be filed with the 71-B District Court. Copies of the citation shall be retained by the authorized official and issued to the alleged violator as provided by Section 8705 of the Act.
(d) A citation for a municipal civil infraction signed by an authorized official shall be treated as made under oath if the violation alleged in the citation occurred in the presence of the official signing the complaint and if the citation contains the following statement immediately above the date and signature of the official: "I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge, and belief".
(e) An authorized official who witnesses a person commit a municipal civil infraction shall prepare and subscribe, as soon as possible and as completely as possible, an original and required copies of a citation.
(f) An authorized official may issue a citation to a person if:
1. (1) Based upon investigation, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction; or
2. (2) Based upon investigation of a complaint by someone who allegedly witnessed the person commit a municipal civil infraction, the official has reasonable cause to believe that the person is responsible for an infraction and if the prosecuting attorney or village attorney approves in writing the issuance of the citation.
(g) Citations shall be served by an authorized official as follows:
1. (1) Except as provided by Section 1-18 (g)
2. (2) , an authorized official shall personally serve a copy of the citation upon the alleged violator. (2) If the municipal civil infraction involves the use or occupancy of land, a building, or other structure, a copy of the citation does not need to be personally served upon the alleged violator, but may be served upon an owner or occupant of the land, building, or structure by posting the copy of the citation or attaching a copy to the building or structure. In addition, a copy of the citation shall be sent by first-class mail to the owner of the land, building, or structure at the owner's last known address.