HomeMy WebLinkAboutG21-96 (2) Ordinance No. G21-96
OKI\ AN ORDINANCE
�\/ AMENDING CHAPTER 11 .40 OF THE ELGIN MUNICIPAL CODE, 1976, BY
ADDING SECTION 11 .40 . 095 ENTITLED "SOUND AMPLIFICATION DEVICES"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1 . That Chapter 11 .40 of the Elgin Municipal
Code, 1976 , as amended, entitled "Special Stops Required--
Miscellaneous Rules of the Road" be and is hereby further
amended by adding Section 11 .40. 095 to read as follows :
11 . 40 . 095 Sound Amplification Devices .
A. No driver of any motor vehicle within this
city shall operate or permit operation of any sound
amplification system which can be heard outside the
vehicle from 75 or more feet when the vehicle is
being operated upon a highway, unless such system is
being operated to request assistance or warn of a
hazardous situation. This section does not apply to
authorized emergency vehicles or vehicles engaged in
advertising.
B. Any person convicted of violating the
provisions of this section shall be fined $150 . 00 .
C. Any person convicted of a second offense
under this section within any 12 month period shall
be fined $250 . 00 .
D. Any person convicted of a third or
subsequent offense under this section within any 12
month period shall be fined $500 . 00 .
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hereby repealed.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 ten days after its passage and publication in the
manner provided by law.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: May 8, 1996
Passed: May 8, 1996
Vote: Yeas 7 Nays 0
Recorded: May 9, 1996
Published: May 9, 1996
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
. �
•
°FE��, Agenda Item No .
•:•+ ,dIH
gro��e
May 3, 1996
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Ordinance Providing Enhanced Penalties for
Violations of Noise Standards within Vehicles
PURPOSE
To provide information on a proposed ordinance imposing en-
hanced fines for vehicles operating sound systems that can be
heard from a distance of 75 feet or more from vehicles being
operated on the highway.
BACKGROUND
The City Council sought information regarding an Aurora ordi-
nance authorizing the seizure and impoundment of motor vehi-
cles operating sound amplification systems that can be heard
from 75 or more feet when the vehicle is being operated on
the highway. The Aurora ordinance adopts the language of
Section 12-611 of the Illinois Motor Vehicle Code ( 625 ILCS
5/12-611) to create a local ordinance, rather than state
violation, for the offense. By creating a local ordinance
violation for the offense, Aurora is able to impose greater
penalties--seizure and impoundment--than those provided by
state law, which is a $50 fine.
The attached ordinance similarly adopts the language of Sec-
tion 12-611 of the Illinois Motor Vehicle Code, enabling a
police officer to cite a violator with a local ordinance
violation for the offense. The ordinance' s penalty provi-
sion, however, differs from both the Motor Vehicle Code ' s and
Aurora ' s scheme. Under the proposed ordinance, the fine for
a first-time offender is $150 . Any person convicted of a
second offense within any 12-month period is fined $250 . A
person convicted of a third or subsequent offense within any
12-month period faces $500 fines .
When a police officer cites a driver for violating the ordi-
nance, Supreme Court Rule 526 (a) permits the driver to post
his or her driver' s license, a bond card, or $75 cash as
bail. And as of 1 May 1996 , the Supreme Court is requiring
Mayor and Members of the City Council
Page -2-
May 3, 1996
all local ordinance offenses mandating fines of $100 or more
to be classified as a "MUST APPEAR" on the citation. Conse-
quently, all drivers ticketed for violating the ordinance
will be required to appear in court to pay their fines . This
will enable the city prosecutor to review the driver's past
history to determine whether he or she has been previously
cited for violating the ordinance within any 12-month period.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
None.
LEGAL IMPACT
None.
ALTERNATIVES
Continue citing violators under Section 12-611 of the Illi-
nois Motor Vehicle Code which imposes a $50 fine for each
violation.
RECOMMENDATION
Adopting the proposed ordinance and its enhanced fine sched-
ule.
Respectfully submi ted,
Erwin W. Jentsch
Corporate Counsel
Richard B. Helwig
City Manager
EWJ/RGK/nr
Attachment