G2-05 i* ... Ordinance No. G2-05
AN ORDINANCE
AMENDING CHAPTER 11.40.095 ENTITLED "SOUND AMPLIFICATION DEVICES"
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
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 amend subsection C3 to read as
follows:
"C.3.Within ten(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, not less than fifteen (15)
days and not more than forty-five (45) 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 subsection A of this
section the vehicle shall continue to be impounded until the owner pays a penalty of
rilL two hundred fifty dollars ($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 lien holders of
record, up to the total amount of penalties imposed under this subsection C."
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ordinance be and are hereby repealed.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 from and after its passage
and publication in the manner provided by law.
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Ed Schock, Mayor
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Presented: January 12, 2005
Passed: January 12, 2005
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: January 13, 2005
Published: January 14, 2005
Attest:
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Dolonna Mecum, City Clerk
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