G57-09 Ordinance No. G57-09
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AN ORDINANCE
AMENDING SECTION 11.40.095 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED. ENTITLED "VEHICLE SEIZURE AND IMPOUNDMENT"
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, as amended.
entitled "Vehicle Seizure and Impoundment" be and is hereby further amended to read as
follows:
"11.40.095: VEHICLE SEIZURE AND IMPOUNDMENT:
A. A motor vehicle, operated with the permission, express or implied, of the
owner of record of that motor vehicle, that is used in connection with the
following violations, shall be liable to the city for an administrative
penalty in an amount not to exceed five hundred dollars ($500.00), in
addition to any towing and storage fees as hereinafter provided:
1. Driving while the driver's license, permit or privilege to operate a
motor vehicle is suspended or revoked; in violation of section 6-
303 of the Illinois vehicle code', as amended, pursuant to Illinois
secretary of state action.
2. Driving under the influence of alcohol, drugs or intoxicating
compounds, or any combination thereof, in violation of section I I-
501 of the Illinois vehicle code'". as amended.
3. Operating a motor vehicle without having ever been issued a
driver's license or permit, in violation of section 6-101 of the
Illinois vehicle code . as amended.
4. Operating or permitting the operation of any sound amplification
system located in a motor vehicle when the sound amplification
system can be heard outside the motor vehicle from seventy five
(75) or more feet when the motor 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 subsection
shall not apply to authorized emergency vehicles.
B. The applicability of this section and the fees for towing and storing a
vehicle under this section shall be as follows:
1. This section shall not replace or otherwise abrogate any existing
state or federal laws or city ordinances pertaining to vehicle seizure
• and impoundment, and these penalties shall be in addition to any
penalties that may be assessed by a court for any criminal
damages.
2. This section shall not apply if the motor vehicle used in the
violation was stolen at that time and the theft was reported to the
appropriate police authorities within twenty four (24) hours after
the theft was discovered.
3. Fees for towing and storage of a motor vehicle under this section
shall not exceed those approved by the city manager or chief of
police for all towers authorized to tow motor vehicles for the
police department.
C. A motor vehicle that is used in the violation of subsection A of this section
shall be subject to seizure and impoundment under this section. The owner
of record of such vehicle shall be liable to the city for a penalty of five
hundred dollars ($ 00.00) in addition to fees for the towing and storage of
the vehicle. For the purposes of this section, the "owner of record" of a
motor vehicle is the record titleholder as registered with the secretary of
state.
r 1. Whenever a police officer has probable cause to believe that a
• motor vehicle is subject to seizure and impoundment pursuant to
this section, the police officer shall provide for the towing of the
motor vehicle to a facility controlled by the city or its agents.
When the motor vehicle is towed, the police officer shall notify the
person who is found to be in control of the motor vehicle at the
time of the alleged violations, if there is such a person, of the fact
of the seizure and of the motor vehicle owner's right to request a
t preliminary hearing to be conducted under this section.
2. Whenever the owner of a motor vehicle seized pursuant to this
section requests a preliminary hearing within twelve (12) hours
after the seizure, the corporation counsel 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 corporation
counsel or his designee determines that there is probable cause to
believe that the motor vehicle was used in the violation of
subsection A of this section he shall order the continued
impoundment of the motor vehicle as provided in this section
unless the owner of the vehicle posts with the city a cash bond in
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• the amount of five hundred dollars ($500.00) plus fees for towing
and storing the motor vehicle. If the corporation counsel or his
designee determines that there is no such probable cause, the motor
vehicle will be returned without penalty or other fees.
3. Within ten (10) days after a motor 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
motor vehicle was used in the commission of any of the violations
described in subsection A of this section the motor vehicle shall
continue to be impounded until the owner pays a penalty of five
hundred dollars ($500.00) plus fees for toeing and storage of the
motor 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
motor 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 motor vehicle impounded
under this section has commenced foreclosure proceedings,
possession of the motor 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.
4. Any motor vehicle 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 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 motor vehicle as provided by law."
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
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Section I That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
Ed Schock; Mayor
Presented: October 14, 2009
Passed: October 14, 2009
Omnibus Vote: Yeas: 7 Nays: 0a
Recorded: October 1 5. 2009
Published: October 16. 2009
Attest:
Diane Robertson, City Clerk
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City Of Elgin Agenda Item No
September 17, 2009
TO: Mayor and Members of the City Council
vj inaisntl�} )rnGlr
FROM: Sean R. Stegall, City Manager 4,(4*Q, c.ry Qt rrttnttu
Lisa Womack, Chief of Police
Glenn Theriault, Police Lieutenant
SUBJECT: Amendment to Section 11.40.095 of the Elgin Municipal Code, Entitled "Vehicle
Seizure and Impoundment"
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider an amendment to section 11.40.095 of the Elgin Municipal Code,
entitled "Vehicle Seizure and Impoundment."
RECOMMENDATION
It is recommended that the City Council approve the amended ordinance, section 11.40.095 of
the Elgin Municipal Code, entitled"Vehicle Seizure and Impoundment."
BACKGROUND
The amended ordinance (attached for review) provides for two changes to the current ordinance
by (1) increasing the administrative penalty levied when the police department tows a vehicle
when it has been determined any such designated offense has been committed by that vehicle's
operator and (2) providing for preliminary hearings to be conducted by corporation counsel as
opposed to a deputy chief of police.
Section 11.40.095 of the Elgin Municipal Code currently authorizes the police department to
immediately tow vehicles for a number of violations which include operating a vehicle without a
driver's license, operating a vehicle with a suspended or revoked license, operating a vehicle
while under the influence of alcohol or drugs, and operating a vehicle in which an excessively
loud sound amplification system is being operated. The ordinance currently provides for a $250
administrative penalty that must be paid as a condition to release the vehicle from impoundment.
A person who has had his or her vehicle towed under section 11.40.095 must also pay all
applicable towing and storage fees before the vehicle is released.
Ordinance Authorizing Police Towing For Certain Offenses
• September 17, 2009
Page 2
This amendment increases the existing $250 administrative penalty established in
section 11.40.095 to $500. This increase brings the penalty in line with area departments and
provides a more significant deterrent to operating a motor vehicle in violation of this ordinance.
Crystal Lake $500 St. Charles $500
Algonquin $500 Geneva $0
Ca entersville $250 Batavia Proposed $500
South Elgin Proposed $500 Aurora $500
Streamwood $500 Arlington Heights $500
Hanover Park $500 Glendale Heights $500
The upcoming expansion of the City's administrative adjudication process will allow for the full
implementation of this ordinance. Currently, sound amplification violations are prosecuted by
the city through the circuit court with the fines collected going primarily to the county.
Conducting hearings on violations of this ordinance through the administrative adjudication
process as opposed to the county court system will provide a new revenue stream to the city.
The amended ordinance also includes technical changes governing the post-deprivation hearing
• 'process.
COMMUNITY GROUPSANTERESTED PERSONS CONTACTED
None
`FINANCIAL IMPACT
It is estimated the proposed administrative adjudication process changes will generate
approximately $1.5 million dollars annually based on the number of citations written for these
violations over twelve months and averaged over a three year period.
While an average of 3,600 citations is written each year under the ordinance, it is anticipated that
less than 5% of those appear for an administrative hearing. It is estimated that the additional
costs incurred as a result of increased time spent by the adjudication hearing officer will be
$7,500. As no significant increase to current workloads is expected, no additional staff will be
needed. Revenue created from the increased administrative tow fee would be credited to the
General Fund.
4GALIMPACT
None
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Ordinance Authorizing Police Towing For Certain Offenses
• September 17, 2009
Page 3
ALTERNATIVES
1. The City Council may choose to adopt the proposed ordinance amendments as drafted in
an amended form.
2. The City Council may choose not to amend the City's ordinances relating to the seizure
and impoundment of vehicles.
Respectfully submitted for Council consideration.
GMT/gt
Attachments
•
Ordinance Authorizing Police Towing For Certain Offenses
• September 17,2009
Page 4
Ordinance No. G--09
AN ORDINANCE
AMENDING ELGIN MUNICIPAL CODE
SECTION 11.40.095 ENTITLED "VEHICLE
SEIZURE AND IMPOUNDMENT"
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 "Vehicle Seizure and Impoundment" be and is hereby further amended to read as
follows:
"11.40.095: VEHICLE SEIZURE AND IMPOUNDMENT:
A. A motor vehicle, operated with the permission, express or implied, of the
owner of record of that motor vehicle, that is used in connection with the
following violations, shall be liable to the city for an administrative
• penalty in an amount not to exceed five hundred dollars ($500.00) twe
hundred fifty dollars ($250.00), in addition to any towing and storage fees
as hereinafter provided:
1. Driving while the driver's license, permit or privilege to operate a
motor vehicle is suspended or revoked, in violation of section 6-
303 of the Illinois vehicle coder, as amended, pursuant to Illinois
secretary of state action.
2. Driving under the influence of alcohol, drugs or intoxicating
compounds, or any combination thereof, in violation of section I I-
501 of the Illinois vehicle code2, as amended.
3. Operating a motor vehicle without having ever been issued a
driver's license or ermit, in violation of section 6-101 of the
Illinois vehicle code-, as amended.
4. Operating or permitting the operation of any sound amplification
system located in a motor vehicle when the sound amplification
system can be heard outside the motor vehicle from seventy five
(75) or more feet when the motor vehicle is being operated upon a
street, highway or roadway unless such system is being operated to
•
Ordinance Authorizing Police Towing For Certain Offenses
• September 17, 2009
Page 5
request assistance or warn of a hazardous situation. This subsection
shall not apply to authorized emergency vehicles.
B. The applicability of this section and the fees for towing and storing a
vehicle under this section shall be as follows:
1. This section shall not replace or otherwise abrogate any existing state or
federal laws or city ordinances pertaining to vehicle seizure and
impoundment, and these penalties shall be in addition to any penalties that
may be assessed by a court for any criminal damages.
2. This section shall not apply if the motor vehicle used in the violation
was stolen at that time and the theft was reported to the appropriate police
authorities within twenty four(24) hours after the theft was discovered.
3. Fees for towing and storage of a motor vehicle under this section shall
not exceed those approved by the city manager or chief of police for all
towers authorized to tow motor vehicles for the police department.
. C. A motor vehicle that is used in the violation of subsection A of this section
shall be subject to seizure and impoundment under this section. The owner
of record of such vehicle shall be liable to the city for a penalty of five
hundred dollars ($500.00) twe hundf°a rift., dollars ($250.00) in addition
to fees for the towing and storage of the vehicle. For the purposes of this
section, the "owner of record" of a motor vehicle is the record titleholder
as registered with the secretary of state.
1. Whenever a police officer has probable cause to believe that a
motor vehicle is subject to seizure and impoundment pursuant to
this section, the police officer shall provide for the towing of the
motor vehicle to a facility controlled by the city or its agents.
When the motor vehicle is towed, the police officer shall notify the
person who is found to be in control of the motor vehicle at the
time of the alleged violations, if there is such a person, of the fact
of the seizure and of the motor vehicle owner's right to request a
preliminary hearing to be conducted under this section.
2. Whenever the owner of a motor vehicle seized pursuant to this
section requests a preliminary hearing within twelve (12) hours
after the seizure, the corporation counsel a deputy pollee ehie of
the city or his designee shall conduct such preliminary hearing
•
Ordinance Authorizing Police Towing For Certain Offenses
. September 17, 2009
Page 6
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 corporation counsel deputy peliee ehief or his designee
determines that there is probable cause to believe that the motor
vehicle was used in the violation of subsection A of this section he
shall order the continued impoundment of the motor vehicle as
provided in this section unless the owner of the vehicle posts with
the city a cash bond in the amount of five hundred dollars
($500.00) *'.e hundred fifty dell -s ($250.00) plus fees for towing
and storing the motor vehicle. If the corporation counsel qty
peliee ehief or his designee determines that there is no such
probable cause, the motor vehicle will be returned without penalty
or other fees.
3. Within ten (10) days after a motor 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
motor vehicle was used in the commission of any of the violations
described in subsection A of this section the motor vehicle shall
continue to be impounded until the owner pays a penalty of five
hundred dollars ($500.00) *"'^ "'"'a"°a fifty dollars ($250.00) plus
fees for towing and storage of the motor 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 motor 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 motor
vehicle impounded under this section has commenced foreclosure
proceedings, possession of the motor 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
Ordinance Authorizing Police Towing For Certain Offenses
September 17, 2009
Page 7
holders of record, up to the total amount of penalties imposed
under this subsection C.
4. Any motor vehicle 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 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 motor vehicle as provided by law."
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.
• Ed Schock, Mayor
Presented:
Passed:
Vote: Yeas Nays
Recorded:
Published:
Attest:
Diane Robertson, City Clerk
FALegal DepAOrdinances\Vehicle Seizure-Amendment-9-10-09.doc
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