City Ordinance Violations

What is an ordinance violation?

The City of Moline Code of Ordinances contains a variety of regulations prohibiting certain actions or behaviors that are contrary to the public’s health, safety, and welfare. An ordinance is a law passed by the City Council, which is effective within the City limits. Ordinance violations are prosecuted by the City Attorney’s office at Moline Court or through other administrative processes.

Many of the ordinance violation cases heard in Moline Court involve violations of Chapter 22 of the Moline Code of Ordinances, “Miscellaneous Offenses.” Some examples include:

• Unlawful possession of alcohol by minors

• Possession or purchase of tobacco products by minors

• Possession of drug paraphernalia

• Possession of cannabis

• Assault/Battery

• Retail theft

• Criminal trespass to land

• Curfew

• Disorderly conduct

• Cruelty to animals

• Truancy

• Parental responsibility

What are the differences between a CRIME and an ORDINANCE VIOLATION?

The law: A crime is a violation of the State of Illinois’ criminal statutes. An ordinance violation is a violation of the City’s Code of Ordinances. Crimes are prosecuted by the Rock Island County State’s Attorney’s Office. Ordinance violations are prosecuted by the City Attorney’s Office. Although many crimes are also ordinance violations, ordinance violations are considered “quasi-criminal” cases. 

Burden of Proof: The burden of proof for the State’s Attorney in a criminal case is “beyond a reasonable doubt.” The City Attorney’s office has to prove its cases by a “preponderance of the evidence.”

Sentencing: Criminal convictions can result in jail or prison sentences in many cases, while ordinance violations in Moline are punishable by a fine only. The maximum fine that can be imposed for a violation of the City of Moline Code of Ordinances is $750 plus court costs. Ordinance violators may also be ordered to perform community service work, or be placed upon Court Supervision or Conditional Discharge, an informal type of probation.

Legal Representation: Anyone charged with a crime or an ordinance violation has the right to hire an attorney to represent him or her. In criminal cases where there is a possibility of jail, a public defender may be available if the defendant cannot afford to hire his or her own attorney. In ordinance violation cases, because there is no possibility for jail, a public defender is not available. A person accused of violating a City ordinance who hires an attorney must pay for the attorney.

What happens at Moline Court on an ordinance violation ticket case?

Court sessions usually begin at either 8:30 a.m. or 10:00 a.m. Most judges will call cases on a first come-first served basis. Defendants must check in at the Circuit Clerk’s window before taking a seat in the courtroom.

When court begins, the judge will explain the accused persons’ (defendants’) rights before asking how the defendants wish to plead. The accused person has the right to an attorney to represent him or her in court at the accused person’s cost. He or she also has the right to plead “not guilty” to the charge, and have a trial before either a judge or a jury. In ordinance violation cases, the accused person has to pay a $100.00 jury demand fee for a jury trial. Bench trials are provided at no additional charge to the defendant. Ordinance violation bench trials are held at the Rock Island Circuit Court, located at the Rock Island County Courthouse.   Ordinance violation jury trials are held at the Rock Island County Courthouse in Rock Island, Illinois.

The accused person can ask the judge for a pre-trial conference with the City Attorney either before or after entering a “not guilty” plea. If the person decides to waive the right to a bench or jury trial and instead enters a plea of guilty, the person gives up the right to a trial, and gives up the right to require the City to prove the case by a preponderance of the evidence. Typically, if the defendant pleads guilty, he or she will be sentenced immediately.

If a person pleads guilty to or is convicted of an offense after a trial is fined or ordered to perform community service work and the person willfully fails to pay the fine or perform the work, the City Attorney’s Office will charge the person with “contempt of court.” This is done by filing what is called a “Petition for a Rule to Show Cause.” A person who is charged with contempt of court has the burden of proving that he or she is not in contempt. If found to be in contempt, the defendant can be ordered to pay a fine or serve jail time for failing to abide by the judge’s order, even on an ordinance violation. If a defendant fails to appear for the contempt hearing, a civil arrest warrant (body attachment) will be issued for his or her arrest.

Currently the City of Moline utilizes the following codes with local amendments:

1991 Uniform Housing Code (UHC)

2000 International Residential Code (IRC)

2000 International Building Code (IBC)

1998 Illinois Plumbing Code (IPC)

2002 National Electrical Code (NEC)

2000 International Electrical/Administrative Code (IAEC)

2000 International Mechanical Code (IMC)

2000 International Fuel/Gas Code (IFGC)

2000 International Fire Code (IFC)

Moline Code of Ordinances

All codes are available for review in the City Clerk's office (309-524-2004), 619 16 Street, Moline, IL 61265.

Please click here to view the Moline Code of Ordinances.