ILCS » Chapter 65 · Act 5
Illinois Compiled Statutes

65 ILCS 5/1-2-1.1 (2026)

The corporate authorities of each municipality may pass ordinances, not inconsistent with the criminal laws of this State, to regulate any matter expressly within the authorized powers of the municipality, or incidental thereto, making violation thereof a misdemeanor punishable by incarceration in a penal institution other than the penitentiary not to exceed 6 months

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(65 ILCS 5/1-2-1.1) (from Ch. 24, par. 1-2-1.1)
    Sec. 1-2-1.1. The corporate authorities of each municipality may pass ordinances, not inconsistent with the criminal laws of this State, to regulate any matter expressly within the authorized powers of the municipality, or incidental thereto, making violation thereof a misdemeanor punishable by incarceration in a penal institution other than the penitentiary not to exceed 6 months. The municipality is authorized to prosecute violations of penal ordinances enacted under this Section as criminal offenses by its corporate attorney in the circuit court by an information, or complaint sworn to, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the municipality to establish the guilt of the defendant beyond reasonable doubt.
    A penalty imposed for violation of an ordinance may include, or consist of, a requirement that the defendant do one or both of the following:
        (1) Complete an education program, except that a
    
holder of a valid commercial driver's license who commits a vehicle weight or size restriction violation shall not be required to complete an education program under this Section.
        (2) Perform some reasonable public service work such
    
as but not limited to the picking up of litter in public parks or along public highways or the maintenance of public facilities.
    A low-income individual required to complete an education program under this Section who provides proof of eligibility for the federal earned income tax credit under Section 32 of the Internal Revenue Code or the Illinois earned income tax credit under Section 212 of the Illinois Income Tax Act shall not be required to pay any fee for participating in a required education program.
    This Section shall not apply to or affect ordinances now or hereafter enacted pursuant to Sections 11-5-1, 11-5-2, 11-5-3, 11-5-4, 11-5-5, 11-5-6, 11-40-1, 11-40-2, 11-40-2a, 11-40-3, 11-80-9 and 11-80-16 of the Illinois Municipal Code, as now or hereafter amended, nor to Sections enacted after this 1969 amendment which replace or add to the Sections herein enumerated, nor to ordinances now in force or hereafter enacted pursuant to authority granted to local authorities by Section 11-208 of "The Illinois Vehicle Code", approved September 29, 1969, as now or hereafter amended.
(Source: P.A. 96-288, eff. 8-11-09.)

    
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2004–2024 · leading case: City of Urbana v. Andrew N.B., 813 N.E.2d 132 (Ill. 2004).
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City of Urbana v. Andrew N.B., 813 N.E.2d 132 (Ill. 2004). · cites it 2× “65 ILCS 5/1-2-1.1 (West 2002) ("The prosecution shall be under and conform to the rules of criminal procedure").”
City of Champaign v. Torres, 824 N.E.2d 624 (Ill. 2005). “Municipal ordinance *631 violations do not fall within the definition of an "offense" under either the Criminal Code of 1961 (see 720 ILCS 5/2-12 (West 2002)) or the Code of Criminal Procedure of 1963 (725 ILCS 5/102-15 (West 2002)), and because violation of the ordinance at…”
Smoke N Stuff v. City of Chicago, 2015 IL App (1st) 140936 (Ill. App. Ct. 2015). “65 ILCS 5/1-2-1.1 (West 2014). With that sole exception, the two types of cases are markedly different.”
People v. Neal, 954 N.E.2d 358 (Ill. App. Ct. 2011). “The evidence here was to the effect that defendant solicited the sale of heroin, an illegal narcotic, on a public way in Chicago.”
People v. Lewis, 961 N.E.2d 1237 (Ill. App. Ct. 2011). “(West 2010)) or by a municipality for violations of the Illinois Municipal Code (65 ILCS 5/1-1-1 et seq.”
People v. Lewis, 2011 IL App (5th) 110279 (Ill. App. Ct. 2011). “Criminal cases are prosecuted by the appropriate authorities, usually the Attorney General for the State (15 ILCS 205/4 (West 2010)), the State’s Attorney (55 ILCS 5/3-9005 (West 2010)), or the city attorney (65 ILCS 5/1-2-1.”
City of East St. Louis, Illinois v. Monsanto Corp. (S.D. Ill. 2024). · cites it 2× “ordinance of the city any act is prohibited or declared to be unlawful or an offense, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of…”
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