Tuesday, June 7, 2011

Local court or circuit court?

How does a Woodstock Police officer decide whether to cite an offender into Woodstock's Administrative Adjudication Court or into McHenry Court Circuit Court?

First, what's the difference? The officer has a choice, subject to directives issued within the Woodstock Police Department (officially and otherwise), when he encounters what might be considered a relative minor violation.

As some readers know, I've been writing about activities in and near the Park in the Square, so you'd think that I'd be all for rigid enforcement. I am - for rigid and fair enforcement. So, when an officer writes some tickets to younger adults for standing on a sidewalk and alleges that they were restricting free access to sidewalks, then he can cite them for a violation of City Code and, for this violation, probably choose which court to use.

If he sends the offender to Woodstock's Administrative Adjudication Court, the person, if convicted, will not have a record in Circuit Court and will probably incur a lower fine and lower court costs.

If he sends them to McHenry County Circuit Court, they will have a record and will face higher fines and court costs.

If a person was "congregating" on a sidewalk in the Square, would a passerby have to be inconvenienced and forced to walk onto the grass to pass, in order for a violation to occur? Why send him to Circuit Court?

Section 6.2B.2 of the City Code prohibits:
A. Playing ball, riding skateboards, riding bicycles, serving or gliding frisbees or other similar sailing or gliding devices.
B. For any group of persons to congregate in the park in the Square in such a manner that free access along paved sidewalks is restricted, prohibited or blocked.
C. To ride any bicycle, skateboard or other devices on any adjacent sidewalk to the park in the Square.

I was recently asked about the hours for the Park in the Square. Section 6.2.5 of the City Code establishes that the Park in the Square and Sesquicentennial Park (corner of Church and Jefferson) are open 24 hours a day, except when the parks are closed to the public for a special event.
The Woodstock Administrative Adjudication Court convenes this Thursday for its June monthly court session. Court is open to the public and starts at 9:30AM. Drop by for an hour or two to understand how this court operates in Woodstock.

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