Loading...
HomeMy WebLinkAboutG81-03 CITY OF ELGIN ORDINANCE NO. G81-03 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 24th DAY OF SEPTEMBER 2003 r Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 26th day of September 2003. elimk STATE OF ILLINOIS ) ) ss. COUNTY OF KANE ) CERTIFICATE I, 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 September 26, 2003, the Corporate Authorities of such municipality passed and approved Ordinance No. G81-03, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G81-03, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on September 26, 2003, 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 September 26, 2003 i ■•■ •,41) h\l&c4P%-- Municipal Clerk (SEAL) r e Ordinance No. G81-03 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 Title 11 of the Elgin Municipal Code, 1976, as amended, entitled "Vehicles and Traffic" , be and is hereby further amended by adding Chapter 11 . 45 thereto entitled "Motor Driven Cycles" to read as follows : 11 . 45 Motor Driven Cycles 11 . 45 . 010 : Definitions For the purpose of this chapter, motor driven or electric cycles are defined as any motorcycle, motor scooter, motorized pedal cycle, or motor driven skateboard with less than 150 cubic centimeter piston displacement; or electric scooter, electric pedal driven cycle or electric low drive skateboard; or any vehicle as defined by 625 ILCS 5/1-145 . 001 or 625 ILCS 5/1-148 . 2 , as amended. 11 . 45 . 020 : Prohibition No person shall operate motor driven or electric cycles upon any public or private street, public sidewalk, parking lot, bike path or public park. 11 . 45 . 030 : Impoundment A motor driven or electric cycle operated in violation of this chapter shall be subject to seizure and impoundment under this section. The owner of such motor driven or electric cycle shall be liable to the city for a penalty of One Hundred Dollars . A. Whenever a police officer has probable cause to believe that a motor driven or electric cycle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the removal of the motor driven or electric cycle to a facility controlled by the city or its agents . When the vehicle is impounded, the police officer shall notify the person who is found to be in control of the motor driven or electric cycle at the time of the alleged violations, if there is such a ,Aft" 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. B. Whenever the owner of a motor driven or electric cycle seized pursuant to this section requests a preliminary hearing within twelve (12) hours after the seizure, a deputy police chief of the city or his designee shall conduct such preliminary hearing within twenty-four (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 a violation of this chapter, he shall order the continued impoundment of the motor driven or electric cycle as provided in this section unless the owner of the vehicle posts with the city a cash bond in the amount of One Hundred Dollars ($100) . If the deputy police chief or his designee determines that there is no such probable cause, the motor drive or electric cycle will be returned ` without penalty or other fees . C. Within ten (10) days after the motor driven or electric cycle 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 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 thirty (30) days after the motor driven or electric cycle 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 motor driven or electric cycle was used in violation of this chapter, the motor driven or electric cycle shall continue to be impounded until the owner pays a penalty of One Hundred Dollars ($100) . The penalty 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 motor driven or electric cycle was not used in violation of this chapter, the motor driven or electric cycle or cash bond shall be returned without penalty or other fees . 4 r e., D. Any motor driven or electric cycle that is not reclaimed within thirty (30) days after the expiration of the time during which the owner may seek judicial review of the city' s actions under this section, or the time at which a final judgment is rendered in favor of the city, or the time at which a final judgment is rendered in favor of the city, or the time a final administration decision is rendered against an owner who is in default, may be disposed of as an unclaimed motor driven or electric cycle as provided by law. 11 .45 . 040 : Exemptions 1 . Any police vehicle, fire vehicle, city-owned vehicle or vehicles owned by any other governmental unit driven by an employee of such governmental unit in the course of his or her duties shall be permitted to operate any motor driven or electric cycle on any public or private street, parking lot, sidewalk, bike path or public park as may be necessary in the performance of his or her duties . 2 . Motorized wheelchairs as defined by 625 ILCS 5/1- 148 . 3 as amended are exempt from the prohibitions of this chapter. 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 upon its passage and publication in the manner provided by law. d Sc ock, Mayor Presented: September 24 , 2003 Passed: September 24 , 2003 Vote : Yeas : 5 Nays : 1 Recorded: September 25, 2003 Published: September 26, 2003 Attest : AS Dolonna Mecum, City Clerk