Loading...
HomeMy WebLinkAboutG2-05 (2) 4 Ordinance No. G2-05 AN ORDINANCE AMENDING CHAPTER 11.40.095 ENTITLED "SOUND AMPLIFICATION DEVICES" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.40.095 of the Elgin Municipal Code, 1976,as amended,entitled "Sound Amplification Devices"be and is hereby further amended to amend subsection C3 to read as follows: "C.3.Within ten(10)days after a vehicle is seized and impounded pursuant to this section, the city shall notify by personal service or by certified mail, return receipt requested,the owner of record of the date,time and location of a hearing that will be conducted pursuant to this section. The hearing shall be scheduled and held, unless continued by order of the court or hearing officer, not less than fifteen (15) days and not more than forty-five (45) days after the vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. If after a hearing, it is determined by a preponderance of evidence that the vehicle was used in the commission of any of the violations described in subsection A of this section the vehicle shall continue to be impounded until the owner pays a penalty of two hundred fifty dollars ($250.00)plus fees for towing and storage of the vehicle. The penalty and fees shall be a debt due and owing the city. However,if a cash bond has been posted the bond shall be applied to the penalty. If it is determined at a hearing that the vehicle was not used in such a violation, the vehicle or cash bond shall be returned without penalty or other fees. Notwithstanding any other provision of this section,whenever a person with a lien of record against a vehicle impounded under this section has commenced foreclosure proceedings,possession of the vehicle shall be given to that person if he agrees in writing to refund to the city the net proceeds of any foreclosure sale,less any amount necessary to pay all lien holders of record, up to the total amount of penalties imposed under this subsection C." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/Ed Schock Ed Schock, Mayor Presented: January 12, 2005 Passed: January 12, 2005 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: January 13, 2004 Published: Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk .4. OF G` F4.0 City of Elgin Agenda Item No. y�I rr � z E , l December 10, 2004 L ! G .., , I k\.?,,f,*.• TO: Mayor and Members of the City Council N FROM: David M. Dorgan, City Manager NEIGHBORHOOD VITALITY RuthAnne K. Hall, Neighborhood SVervices Committee SUBJECT: Amendment to Vehicle Sound Amplification Ordinance PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider amending the Elgin Municipal Code Section 11.40.095 (C)(3), Vehicle Sound Amplification Ordinance, to provide for a change from the 30 day cut-off date for court appearances to a 45 day cut-off date. RECOMMENDATION It is recommended by the Neighborhood Services Committee that Elgin Municipal Code Section 11.40.095 (C)(3), Vehicle Sound Amplification Ordinance, be amended to provide for a change from the 30 day cut-off date for initial court appearances to a 45 day cut-off date. BACKGROUND A request was submitted to the Neighborhood Services Committee by the Traffic Division of the Elgin Police Department to amend the Vehicle Sound Amplification Ordinance. The request by the Police Department was to amend the Vehicle Sound Amplification Ordinance by changing the number of days in which the case has to be called to the first court appearance. This request was to extend the 30 day cut-off for initial court appearances to 60 days. This request was based on the premise that the 60 day period would parallel the U.S. Supreme Court ruling 504 as amended in April, 2004, which states that criminal/traffic cases must be heard not less than 15 days and not more than 60 days from the day the citation is issued. At present, the Sound Amplification Ordinance is the only ordinance that has this 30 day rule, and all others follow the US Supreme court rule of allowing for 60 days for initial court appearances. Therefore, the potential exists that a vehicle sound amplification citation could be lost. This could occur because officers' assigned court dates are not always between 15 and 30 days. This situation has only recently come to our attention due to a sound amplification citation having been written 34 days from the officer's upcoming court appearance. This time the court date was successfully monitored by a police supervisor and altered to comply with the current 4 Amendment to Vehicle Sound Amplification Ordinance December 10, 2004 Page 2 law. It was then continued after the first court date by the understanding court to the next regularly assigned court appearance. With the amount of vehicle sound amplification citations written, there is no guarantee this would be observed every time and corrected. In reviewing the request, the Neighborhood Services Committee requested an opinion from the City's Legal Department. It was the determination of the Legal Department that because a property deprivation is involved in hearings regarding sound amplification violations, it is desirable to keep the latest allowable hearing date as short as is administratively feasible. However, to alleviate any potential in conflicts with scheduling court appearances by the arresting officer, a recommendation has been made to amend the existing Sound Amplification Ordinance to provide for a change from the 30 day cut-off date for initial court appearances to a 45 day cut-off date. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT Gross revenue from fines collected in 2003 was $115,000 from 463 citations issued. The City has issued 181 citations thus far in 2004, with anticipated gross revenue from fines being $45,250. L GAL IMPACT None. ALTERNATIVES 1. Recommend approval of the proposed amendment to Elgin Municipal Code Section 11.40.095 (C)(3), Sound Amplification Ordinance, to provide for a change from the 30 day cut-off date for initial court appearances to a 45 day cut-off date. 2. Deny approval of the proposed amendment to Elgin Municipal Code Section 11.40.095 (C)(3), Sound Amplification Ordinance, to provide for a change from the 30 day cut-off date for initial court appearances to a 45 day cut-off date. Respectfully submitted for Council consideration. RH Attachments