G81-03 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
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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.
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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 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
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Municipal Clerk
(SEAL)
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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 .
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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