G40-01 (2) 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 :
"11 .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 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 :
"11 . 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 :
"11 . 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 :
"7 . 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 .
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2001
Adopted: June 13 , 2001
Vote: Yeas 4 Nays 2
Recorded: June 14, 2001
Published: June 18, 2001
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk