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HomeMy WebLinkAboutG57-01 Ordinance No. G57-01 AN ORDINANCE AMENDING ORDINANCE NO. G40-01 PROVIDING FOR AMENDMENTS TO TITLE 11 OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED WHEREAS, on June 13 , 2001, Ordinance No. G40-01 was passed providing for amendments to Title 11 of the Elgin Municipal Code, 1976 , as amended, with the effective date of such ordinance being August 1, 2001; and WHEREAS, it is desirable to make certain editorial amendments to Ordinance No. G40-01 with respect to the procedures for the adjudication of violations described therein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ordinance No. G40-01, passed June 13 , 2001, is hereby amended in its entirety to read as follows : 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 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. 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 there 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 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, 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. 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 paragraph A the vehicle shall 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 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 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 e''' Title, as amended; and to violations relating to designated truck routes under Section 11 .40 . 050 of this Title, as amended. " Section 5 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 6 . That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Ed Schock, Mayor Presented: July 25, 2001 Passed: July 25, 2001 Vote : Yeas 5 Nays : 2 Recorded: July 26, 2001 Published: July 27, 2001 Attest : Dolonna Mecum, City Clerk