G17-12 • AN ORDINANCE Ordinance No. G 17-12
AMENDING TITLE 11 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC"
WHEREAS, the City of Elgin is a home rule unit, and as a home rule unit may exercise
any power and perform any function pertaining to its government and affairs: and
WHEREAS, the regulation of vehicles and traffic within the city pertains to the
government and affairs of the city.
NOW, THEREFORE, 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 a new chapter 11.18 thereto
entitled "Driving While Intoxicated, Transporting Alcoholic Liquor, and Reckless Driving" to
read as follows:
"11.1 8.010 Adopted:
The regulations of 625 Illinois Compiled Statutes Sections 5/11-500 through
5/11-507, inclusive, as amended, be and are hereby adopted and incorporated by
reference.
11.18.020 Penalty Eor Violation:
A. Any person convicted of driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds, or a
combination thereof shall be punished by a fine of not less than Seven
Hundred Fifty Dollars ($750) nor more than Two Thousand Five Hundred
Dollars ($2,500). Such fine shall be in addition to any sentencing
alternative elected by the court.
B. Any person convicted of transporting alcoholic liquor shall be punished by
a fine of not less than Seventy-five Dollars ($75) nor more than Five
Hundred Dollars ($500).
C. Any person convicted of reckless driving shall be punished by a fine of
not less than Five Hundred Dollars ($500) nor more than Two Thousand
Five Hundred Dollars ($2,500)."
Section 2. That Section 11.76.030 of the Elgin Municipal Code, 1976, as amended,
entitled "Charging of Violations of Adopted State Traffic Regulations" be and is hereby further
• amended to read as follows:
r
I
iA. When charging violations of any of the state traffic regulations adopted
within this Title 11 as ordinance violations, the "Elgin Municipal Code"
box on the uniform citation shall be marked, and the paragraph numbering
as used in the Illinois Vehicle Code shall be prefixed by the number 11 for
this Title, so that, for example, when referring to the ordinance provision
for paragraph "11-501" of the Illinois Vehicle Code, that appropriate
provision of the Elgin Municipal Code would be "I 1-11-501
".
B. The burden of proof for any offense classified as a "petty" offense or
"business" offense in the provisions of the Illinois Vehicle Code adopted
by this Title shall be by a preponderance of the evidence. Offenses
classified therein as "misdemeanor" offenses shall be proven beyond a
reasonable doubt."
Section 3. That all ordinances or parts of ordinances that conflict with the provisions
of this ordinance be and are hereby repealed.
Section 4. That this ordinance shall be in full force and effect from and after May 1,
2012, upon its passage and publication in the manner provided b w.
David J. Kapt in, M or
•
Presented: April 11, 2012
Passed: April 11, 2012
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: April 11, 2012
Published: April 13, 2012 °pg5F"W
Attest:
hz C
Kimberly Dewis, Ci y Clerk