After several modifications, the DeKalb City Council approved a mail-in fine ordinance that will eliminate a court appearance in many instances.

The ordinance, which was passed at the council’s March 8 meeting, also included amendments to increase fines for certain municipal violations.

Originally, the mail-in fine system, which was debated at the council’s Feb. 22 meeting, came under heavy fire after several people contended it would allow repeat offenders to participate in the program.

“In short, the proposed system does not encourage persons to break the law or encourage disrespect for local ordinances, as alleged in a local newspaper,” said DeKalb City Manager Bill Nicklas.

After considering the possibility of “loopholes” in the mail-in system, DeKalb’s City Attorney Ron Matekaitis offered a revised mail-in fine ordinance.

“I changed the eligibility criteria in response to council’s concern about repeat offenders,” Matekaitis said. “Under the amendment, if a person charged with an alcohol-related offense, has previously plead guilty or was found guilty of an alcohol-related offense in the previous 12 months, they are not eligible to participate under the mail-in system.”

He said the city will verify this fact by having the accused acknowledge and sign a form stating he or she has not been charged with an alcohol-related offense in the past 12 months.

Another concern the city council found was that persons charged with delivery of alcohol to a minor or selling alcohol without a license will be able to participate in the program.

“The city will still require persons of the age 17 years or younger who are charged with alcohol offenses to obtain alcohol counseling,” he said. “Such cases will still be required to go to court, and I believe that the fine level assessed for such offenses is a significant punishment and deterrent.”

The mail-in fine system was created to save the city administrative costs associated with processing certain types of violations and grants only certain offenses eligibility.

DeKalb municipal offenses including accepting/possession/consumption of alcohol, entering and remaining, misrepresenting age, open container, noise violations, fighting, littering, dog running-at-large and disorderly house are eligible to participate in the mail-in fine system, Matekaitis said.

“The purpose of the mail-in system was to save administrative time in the police department and legal division, provide a more efficient method for the officers to handle violations on the street thereby creating more opportunities for them to engage in patrol and preventive activities and save attorney time in prosecuting certain cases,” he said. “Additionally, it relieves the increasing burden on the court system and circuit clerk’s office.”

While the mail-in fine system, in its revised format, is expected to be implemented with few glitches, Matekaitis offered words of caution.

“I can assure you that neither myself nor the police chief would recommend a system that encouraged persons to break the law or generated contempt or disrespect for our laws,” Matekaitis said. “Should the mail-in fine system cause such results, I will be the first to ask the council to eliminate the system.”