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HomeMy WebLinkAboutORDINANCE - 2181 - 8/13/1991 - POLICE DEPT/SETTLEMENT OF MISC OFFENSESORDINANCE NO. 2181 AN ORDINANCE AMENDING ARTICLE I, SETTLEMENT OF MISCELLANEOUS OFFENSES - POLICE DEPARTMENT, OF THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE WHEREAS, the presiding Judge of the Circuit Court of Cook County - Third Municipal District has directed the Village to participate in a Court Diversion Program thus simplifying the traffic court system and alleviating court congestion; and WHEREAS, as a result of the Court Diversion Program it is necessary that the Village amend its Code with respect to appli- cable penalties as well as the implementation and amendment of compliance citations. NCW, THEREFORE BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That Section 24A.102 Settlement of Certain Non - parking Vehicular Offenses and Other Miscellaneous Offenses be and the same is hereby amended to read as follows: 24A.102 Settlement of Certain Non -parking Vehicular Offenses and Other Miscellaneous Offenses.) whenever a peace officer is authorized to arrest a person with- out a warrant or otherwise observes a violation of any of the hereinafter designated sections of the Municipal Code or Illinois Vehicle Code, said officer may issue a "C" ticket in such form as authorized by the Chief of Police, which "C" ticket may be settled and compro- mised as hereinafter set forth. The "C" ticket shall set forth the nature of the violation and the date, time and location wherein the violation occurred and shall be personally delivered to the alleged violator along with a notice advising the violator of the settle- ment procedure and costs associated therewith. The "C" ticket shall apply to violations of certain sections of the Illinois Vehicle Code authorized by the presiding Judge of the Third District and to vio- lations of the following section of the Elk Grove Vil- lage Municipal Code: SECTION OFFENSE 14A-3-413 Display of registration plates, registra- tion stickers 14A-3-701 Operation of vehicles without evidence of registration 14A-3-703 Operation of vehicle when registration cancelled, suspended, or revoked 14A-6-101 Valid driver's license or permit 14A-6-104 Classification of driver -special restric- tions 14A-6-116 Notice of change of address or name 14A-12-201 through Equipment violations 14A-12-902 14A-13-111 Operation without certificate of safety attached 15-15.002 Village Vehicle License 17-17.201 Animal License 18-18.201 Business License Any person, firm or corporation issued a "C" ticket may settle and compromise same within ten (10 days from the date of issuance by going to the Police Department of the Village of Elk Grove Village with proof of compli- ance of the violation cited and the payment of a Twenty- -2- Five ($25.00) Dollar administrative fee, or by mailing an Affidavit of Compliance with the Twenty -Five ($25.00) Dollar administrative fee to the Police Department if the violator is unable to make a personal appearance. Any person, firm or corporation issued a "C" ticket and who has not settled and compromised same within ten (10) days, may do so within twenty (20) days from the date of the issuance of the citation by following the pro- cedures set forth above and adding thereto a late pay- ment fee of Fifteen ($15.00) Dollars. Any person who does not settle or compromise the "C" ticket within the above stated period shall be processed with the filing of a Complaint or Notice to Appear requiring the violator's appearance in Court. Section 2: That Section 24A.104 Impoundment of Vehicles be amended to read as follows: 24A.104 Impoundment of Vehicles.) A. VIOLATION. Any vehicle, the owner or owners of which have a total of five (5) or more unpaid ci- tations for parking violations or violations in which a "C" ticket was given, issued within an eighteen (18) month period, charging that such ve- hicle or other vehicles owned by the same owner or owners was parked, stopped or driving in vio- lation of any Ordinance of the Village shall be deemed a public nuisance, and the Police Depart- ment or any other agents of the Village assigned to traffic duty are hereby authorized to remove, caused to be removed or impound in place the of- fending vehicle at the sole cost and expense of the owner or owners thereof. B. DISPOSITION OF REMOVED VEHICLE. The disposition of removed vehicles shall be in accordance with the Illinois Vehicle Code pertaining to "Abandoned property". C. PRESUMPTION OF OWNER'S RESPONSIBILITY. The regis- tered owner of a vehicle, the owner of which has five (5) or more citations for parking violations or violations in which a "C" ticket was given within -3- an eighteen (18) month period shall be presumed to be the owner and the operator of the vehicle at the time the citations were issued and shall be re- sponsible for the offense and the impoundment, and all costs associated therewith. D. RELEASE OF VEHICLE. Any vehicle removed or impounded in place pursuant to this Section will be released to its lawful owner upon the showing of adequate evi- dence of the right to possession and upon the payment of all accrued fines and costs for each outstanding unpaid citation or judgment against a person or per- sons registered as the owner of the vehicle. In lieu of payment of the amount due on any unpaid citation, the owner may deposit a bond in the amount of Twenty - Five ($25.00) Dollars per violation up to a maximum bond of Two Hundred ($200.00) Dollars for his appear- ance in the Circuit Court of Cook to answer said vio- lation or violations. A release must be signed by an Officer of the Police Department of the Village. Section 3: That the Village Clerk is hereby authorized to publish this Ordinance in pamphlet form. Section 4: That this Ordinance shall be in full force and ef- fect from and after its passage, approval and publication according to law. VOTE: AYES: 4 NAYS: 0 ABSENT: 2 PASSED this 13th day of August , 1991. APPROVED this 13th day of August , 1991. Charles J. Zettek VILLAGE PRESIDENT ATTEST: Patricia S. Smith VILLAGE CLERK PUBLISHED this 15th day of August 1991, in pamphlet form. -4-