G11-00 CITY OF ELGIN
ORDINANCE NO. G11-00
AN ORDINANCE
AMENDING CHAPTER 11.62 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED ENTITLED "ADMINISTRATIVE ADJUDICATION
OF TRAFFIC REGULATIONS CONCERNING THE STANDING, PARKING
AND CONDITION OF VEHICLES
ADOPTED BY THE
CITY COUNCIL OF THE
CITY OF ELGIN
ON THIS 22ND DAY OF MARCH 2000
Published in pamphlet form by authority of the
City Council of the City of Elgin, Kane and
Cook Counties, Illinois, on this 24th day of
March 2000.
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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 March 22, 2000, the Corporate Authorities of such
municipality passed and approved Ordinance No. G11-00 entitled "ADMINISTRATIVE
ADJUDICATION OF TRAFFIC REGULATIONS CONCERNING THE STANDING,
PARKING AND CONDITION OF VEHICLES," which provided by its terms that it should
be published in pamphlet form.
The pamphlet form of Ordinance No. G11-00, including the Ordinance and
a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the
"" municipal building commencing on March 24, 2000, 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 March 24, 2000.
Municipal Clerk
(SEAL)
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Ordinance No . G11-00
AN ORDINANCE
AMENDING CHAPTER 11 . 62 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "ADMINISTRATIVE ADJUDICATION OF
TRAFFIC REGULATIONS CONCERNING THE STANDING,
PARKING AND CONDITION OF VEHICLES"
WHEREAS, the City of Elgin is a home rule municipality as
defined in Article VII , Section 6A of the 1970 Constitution of
the State of Illinois; and
WHEREAS, a home rule unit may exercise any power and
perform any function pertaining to its government and affairs;
and
WHEREAS, the regulation of the condition of motor
vehicles and their standing and parking on the streets and
highways within the municipality pertains to the government
and affairs of the City of Elgin; and
WHEREAS, in addition to the home rule powers conferred
upon the City of Elgin by the 1970 Constitution of the State
of Illinois, Section 11-208 . 3 of the Illinois Vehicle Code
(625 ILCS 5/11-208 . 3) authorizes the City of Elgin to provide
for a system of administrative adjudication of traffic
regulations concerning the standing parking or condition of
vehicles; and
WHEREAS, the City Council of the City of Elgin has
determined it is necessary and desirable to enact an ordinance
to amend the procedures relating to contesting violation
notices by mail and to make technical corrections that will
clarify the schedule of fines and penalties for the
enforcement of municipal vehicular standing, parking, and
condition of vehicle ordinance violations through
administrative adjudication.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS :
Section 1 . That Section 11 . 62 . 050D, Subparagraphs 6, 7
and 9 of the Elgin Municipal Code, 1976 , as amended, be and is
hereby further amended to read as follows :
"6 . Information as to the availability of an
administrative hearing at which the registered owner
or lessee may appear in person and contest the
violation notice on its merits and the time and
manner in which such hearing may be had. "
tow "7 . The date, time and place of an
administrative hearing at which the violation may be
contested on its merits or a statement the person
will be notified of a hearing time . "
... "9 . Information as to the availability for an
adjudication by mail by which the registered owner
or lessee may contest by mail without personally
appearing the merits of the violation notice and the
manner in which such contest by mail may be had. "
Section 2 . That Section 11 . 62 . 100 of the Elgin Municipal
Code, 1976, as amended, entitled "Non-Resident Procedures" be
and is hereby further amended to read as follows :
"11 . 62 . 100 CONTEST BY MAIL PROCEDURES .
Persons who have been served vehicular
standing, parking, or compliance regulation
violation notices, in accordance with this chapter
may contest the validity of the alleged violation
without personally appearing at an administrative
hearing by:
A. Completing, in full, the "Contest by Mail "
section of the violation notice, served upon him or
her pursuant to this chapter.
B. Signing the "Contest by Mail" in the space
specified in the violation notice, and acknowledging
that his or her personal appearance is waived and
submitting to an adjudication based upon the signed
statement and other supporting materials filed by
him or her and the facts contained in the violation
notice .
C. Filing by mail with the traffic compliance
administrator postmarked within ten (10) days of the
violation notice issuance, the following materials :
The violation notice with the "Contest by Mail"
section fully completed; the full name, address and
telephone number (s) of the respondent; the make,
model and year of the vehicle; any documentary
evidence that rebuts the charge; and a written
statement signed by the respondent setting forth
facts relevant to establishing a defense to the
charge .
D. Grounds for Review. A person charged with
a vehicular standing, parking, or compliance
regulation violation may contest the charge by mail
by asserting one or more of the grounds, with
appropriate evidence to support, set forth in
Section 11 . 62 . 060 (D) of this chapter.
E. Upon review of the materials submitted in
accordance with said Subsection C herein, the
hearing officer shall make a determination of
liability or non-liability. The hearing officer
shall, upon a determination of liability, assess
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fines and penalties in accordance with Section
tel 11 . 62 . 110 of this chapter. A Level Two fine amount
shall apply if paid within twenty-one (21) days of
the service of the notice of determination of
liability to a person who has contested a violation
notice by mail, otherwise the fine amount shall be
as set forth in Section 11 . 62 . 110 of this chapter.
F. Notice of the determination of the hearing
officer shall be served upon the person contesting a
violation notice by mail by first class mail ,
postage prepaid, addressed to the person at the
address set forth in the materials submitted in
accordance with Subsection C hereof .
G. Service of the notice of determination
shall be complete on the date the notice is placed
in the United States mail .
H. All other provisions of this chapter shall
apply equally to persons contesting violation notice
by mail . "
Section 3 . That Section 11 . 62 . 110 of the Elgin Municipal
Code, 1976, as amended, entitled "Schedule of Fines and
Penalties" is hereby amended to read as follows :
"11 . 62 . 110 SCHEDULE OF FINES AND PENALTIES .
The violation of any provision of Title 11 of
this code, as amended, restricting or regulating the
standing, parking or condition of vehicles, and the
violation of any provision of the Illinois Compiled
Statutes governing the standing, parking, or
condition of vehicles adopted by reference in Title
11 of this code, shall be a civil offense punishable
by the fines set forth as follows :
A. Level One. A fine of $10 . 00 shall be
imposed if paid within thirty (30) days of the
issuance of the violation notice provided a request
for hearing or a contest by mail contesting the
violation notice has not been filed. A fine of
$100 . 00 shall be imposed if paid within thirty (30)
days of the issuance of a violation notice alleging
a violation of Section 11 . 60 . 155 of this code
(unauthorized use of parking spaces reserved for
handicapped persons) , as amended, or Section
11 . 60 . 156 of this code (handicapped parking spaces) ,
as amended, provided a request for hearing or a
contest by mail contesting the violation notice has
elk not been filed.
B. Level Two. A fine of $25 . 00 shall be
imposed if paid more than thirty (30) days after the
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issuance of the violation notice but not later than
the first scheduled hearing date . A fine of $150 . 00
shall be imposed if paid more than thirty (30) days
after the issuance of the violation notice but not
later than the first scheduled hearing date for any
violation notice alleging a violation of Section
11 . 60 . 155 of this code (unauthorized use of parking
spaces reserved for handicapped persons) , as
amended, or Section 11 . 60 . 156 of this code
(handicapped parking spaces) , as amended.
C. Level Three . A fine of $50 . 00 shall be
imposed if paid after the first scheduled hearing
date and before the second scheduled hearing date .
A fine of $175 . 00 shall be imposed for any violation
notice alleging a violation of Section 11 . 60 . 155 of
this code (unauthorized use of parking spaces
reserved for handicapped persons) , as amended, or
Section 11 . 60 . 156 of this code (handicapped parking
spaces) , as amended, if paid after the first
scheduled hearing date and before the second
scheduled hearing date .
D. Level Four. A fine of $75 . 00 shall be
imposed if paid on the second scheduled hearing date
and before the third scheduled hearing date . A fine
of $200 . 00 shall be imposed for any violation notice
alleging a violation of Section 11 . 60 . 155 of this
code (unauthorized use of parking spaces reserved
for handicapped persons) , as amended, or Section
11 . 60 . 156 of this code (handicapped parking spaces) ,
as amended, if paid on the second scheduled hearing
date and before the third scheduled hearing date .
E. Level Five . A fine of $100 . 00 shall be
imposed if paid on the third scheduled hearing date
or upon a finding of liability for the violation by
the hearing officer after the registered owner or
operator of the vehicle cited in the violation
notice failed to appear at the third scheduled
hearing. A fine of $250 . 00 shall be imposed for any
violation notice alleging a violation of Section
11 . 60 . 155 of this code (unauthorized use of parking
spaces reserved for handicapped persons) , as
amended, or Section 11 . 60 . 156 of this code
(handicapped parking spaces) , as amended, if paid on
the third scheduled hearing date or upon a finding
of liability for the violation by the hearing
officer after the registered owner or operator of
the vehicle cited in the violation notice failed to
appear at the third scheduled hearing. "
eft Section 4 . All ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
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•. Section 5 . This ordinance shall be in full force and
effect upon its passage and publication in the manner provided
by law.
--=‘%r--//
Ed Schock, Mayor
Presented: March 22 , 2000
Passed: March 22 , 2000
Vote : Yeas 7 Nays 0
Recorded: March 23 , 2000
Published: March 24, 2000
Attest :
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Dolonna Mecum, City Clerk
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