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HomeMy WebLinkAboutG40-01 i ., CITY OF ELGIN ORDINANCE NO. G40-01 AN ORDINANCE AMENDING TITLE 11 OF THE ELGIN MUNICIPAL CODE, 1976,AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC' PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 13TH DAY OF JUNE 2001 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 18th day of June 2001. STATE OF ILLINOIS ) ) ss. COUNTY OF KANE ) CERTIFICATE 1, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on June 13, 2001, the Corporate Authorities of such municipality passed and approved Ordinance No. G40-01, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G40-01, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on June 18, 2001, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on June 18, 2001. Municipal Clerk (SEAL) Ordinance No. G40-01 AN ORDINANCE AMENDING TITLE 11 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC" 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 read as follows : 1111 .40 . 095 SOUND AMPLIFICATION DEVICES: A. No driver or owner of any motor vehicle within the city shall operate or permit operation of any sound amplification system which can be heard outside the vehicle from seventy five (75) or more feet when the vehicle is being operated upon a street, highway or roadway unless such system is being operated to request assistance or warn of a hazardous situation. This Section does not apply to authorized emergency vehicles . B . Any person convicted of violating the provisions of this Section shall be fined two hundred fifty dollars ($250 . 00) , C. A motor vehicle that is used in the violation of Paragraph A of this section shall be subject to seizure and impoundment under this subsection. The owner of record of such vehicle shall be liable to the city for a penalty of $250 . 00 in addition to fees for the towing and storage of the vehicle. 1 . Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the city or its agents . When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violations, if there is such a person, of the fact of the seizure and of the vehicle owner ' s right to request a preliminary hearing to be conducted under this section. 2 . Whenever the owner of a vehicle seized pursuant to this section requests a preliminary fir•• hearing within 12 hours after the seizure, a deputy police chief of the city or his designee shall conduct such preliminary hearing within 24 hours after the seizure, excluding Sundays and holidays . All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible . If, after the hearing, the deputy police chief or his designee determines that there is probable cause to believe that the vehicle was used in the violation of Paragraph A of this section he shall order the continued impoundment of the vehicle as provided in this section unless the owner of the vehicle posts with the city a cash bond in the amount of $250 . 00 plus fees for towing and storing the vehicle . If the deputy police chief or his designee determines that is no such probable cause, the vehicle will be returned without penalty or other fees . 3 . Within 10 days after a vehicle is seized and impounded pursuant to this section, the city shall notify 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 hearing officer, no later than 30 days after the vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. Hearings shall be conducted by a city hearing officer pursuant to Chapter 11 . 62 of this Title . If, after the hearing, the hearing officer determines by a preponderance of evidence that the vehicle was used in the commission of any of the violations described in paragraph A the hearing officer shall enter an order requiring the vehicle to continue to be impounded until the owner pays a penalty of $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 the hearing officer determines that the vehicle was not used in such a violation, he shall order the return of the vehicle or cash bond 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 lienholders or record, up to the total amount of penalties imposed under this subsection C. 4 . Any motor vehicle that is not reclaimed within 30 days after the expiration of the time during which the owner of record may seek judicial review of the city' s action under this section, or the time at which a final judgment is rendered in favor of the city, or the time a final administrative decision is rendered against an owner of record who is in default, may be disposed of as an unclaimed vehicle as provided by law. " Section 2 . That Section 11 . 62 . 020 of the Elgin Municipal Code, 1976, as amended, entitled "Purpose" be and is hereby further amended to read as follows : 1111 . 62 . 020 PURPOSE: The purpose of this chapter is to provide for the fair and efficient enforcement through administrative adjudication of violations of ordinances regulating the standing and parking of vehicles and the condition and use of vehicle equipment . The administrative adjudication system set forth in this chapter is established pursuant to 625 ILCS 5/11-208 . 3 . " Section 3 . That Section 11 . 62 . 030 of the Elgin Municipal Code, 1976, as amended, entitled "Establishment" be and is hereby further amended to read as follows : 1111 . 62 . 030 ESTABLISHMENT: There is hereby created a system providing for the administrative adjudication of vehicular standing and parking violations and vehicle compliance violations . For the purposes of this chapter "Compliance Violation" or "Compliance Regulation Violations" means a violation of an ordinance governing the condition or use of equipment on a vehicle . " Section 4 . That Section 11 . 62 . 060 of the Elgin Municipal Code, 1976, as amended, entitled "Administrative Hearings" be and is hereby amended by amending Subparagraph 7 thereof to read as follows : 117 . The compliance violation has been corrected prior to the adjudication of the charge; provided, however, that this defense shall not be applicable to compliance violations involving motor vehicle exhaust systems under Section 12-602 of Chapter 11 . 52 of this Title, as amended; to compliance violations relating to glass coverings or coatings under Section 12-503 of Chapter 11 . 52 of this Title, as amended; to compliance violations relating to seat belts and child safety requirements under Sections 11 . 52 . 050 and 11 . 52 . 060 of this Title, as amended; to compliance violations relating to operating a vehicle which makes unnecessary loud or unnecessary noise under Section 11 . 52 . 020 of this Title, as amended; to compliance violations relating to vehicle size, weight and load limits under Sections 15-100 through 15-203 , inclusive, of Chapter 11 . 52 of this Title, as amended; to violations relating to designated truck routes under Section 11 .40 . 050 of this Title, as amended; and to violations relating to the operation of sound amplification devices in a motor vehicle under Section 11 .40 . 095 of this Title, as amended. " Section 5 . That Section 11 . 62 . 070 of the Elgin Municipal Code, 1976 , as amended, entitled "Additional Notices" be and is hereby further amended by adding the additional Subparagraphs Eli and E2e thereto to read as follows : "i . Statement that any motor vehicle impounded in connection with an alleged violation of Section 11 . 40 . 095 , as amended, that is not reclaimed within thirty (30) days after the expiration of the time during which the owner of record may seek judicial review of the city' s action impounding such vehicle, or the time at which a final judgment is rendered in favor of the city, or the time a final administrative decision is rendered against an owner of record who is in default, may be disposed of as an unclaimed vehicle as provided by law. " "e . Statement that any motor vehicle impounded in connection with an alleged violation of Section 11 .40 . 095, as amended, that is not reclaimed within thirty (30) days after the expiration of the time during which the owner of record may seek judicial review of the city' s action impounding such vehicle, or the time at which a final judgment is rendered in favor of the city, or the time a final administrative decision is rendered against an owner of record who is in default, may be disposed of as an unclaimed vehicle as provided by law. " +. Section 6 . That Section 11 . 62 . 110 of the Elgin Municipal Code, 1976, as amended, entitled "Schedule of Fines and Penalties" be and is hereby further amended by amending the introductory paragraph thereof and by adding an additional Subparagraph F thereto to read as follows : "The violation of any provision of this Title, as amended, restricting or regulating the standing or parking of vehicles or the condition or use of equipment on a vehicle and the violation of any provision of the Illinois Compiled Statutes governing the standing or parking of vehicles or the condition or use of equipment on a vehicle adopted by reference in this Title, shall be an offense punishable by the fines set forth below: "F. A fine of Two Hundred Fifty Dollars ($250 . 00) shall be imposed for violations of Section 11 .40 . 095 of this Title, as amended, notwithstanding the timing of payment . The owner of a vehicle impounded in connection with the violation of Section 11 . 40 . 095 as amended, shall also be liable for fees for the towing and storage of the vehicle as provided in Section 11 . 40 . 095 . " Section 7 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 8 . That this ordinance shall be in full force and effect from and after August 1, 2001 . Ed Schock, Mayor Presented: June 13 , 2001 Passed: June 13 , 2001 Vote: Yeas 4 Nays 2 Recorded: June 14, 2001 Published: Attest : S)1" Aft- olonna Mecum, City Clerk f