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HomeMy WebLinkAboutORDINANCE - 1276 - 2/13/1979 - SNOW REMOVAL, AMEND CODEa ORDINANCE NO. 1276 AN ORDINANCE AMENDING SECTION 14.510 SNOW REMOVAL OF THE MUNICIPAL CODE OF VILLAGE OF ELK GROVE VILLAGE, ILLINOIS WHEREAS, THE VILLAGE OF ELK GROVE VILLAGE is a home rule municipality as defined and established by the Constitution of the State of Illinois and as such is authorized to enact certain regulations pertaining to its governmental affairs which are in the best interests of the Village's health, safety and welfare; and WHEREAS, THE VILLAGE OF ELK GROVE VILLAGE has experienced and is experiencing at present substantial snow accumulation obligat- ing the Village to provide snow plowing and snow removal service so that Village emergency and ambulance services can be maintained and unimpeded in addition to the maintaining of normal vehicular traffic; and WHEREAS, the Village has experienced great difficulty in pro- viding snow removal services due to parked vehicles obstructing snow plow procedures and such other obstructions resulting in delays to the extent that the Village's fire, ambulance and police service are jeopardized; and WHEREAS, the President and Board of Trustees of the Village of Elk Grove Village deem the provisions of this Ordinance to be urgent and vital to the extent that an emergency exists requiring this Ordinance to be in full force and effect immediately upon its pass- age and approval, NOW, 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 14.510 Snow Removal of the Municipal Code of the Village of Elk Grove Village, be and the same is hereby amended to read as follows: 14.510 Snow Removal A. Unlawful to Park It shall be unlawful for any person, firm or corporation to park or cause to be parked any vehicle on any public street within the corporate limits of the Village at any time within a twenty-four hour period after an accumulation of two inches or more of snow. B. Emergency Towing It shall be deemed an emergency for any car or other vehicle to be in violation of paragraph A. above or for any parked vehicle to otherwise prevent or obstruct the plowing or removal of snow from public streets and the Police Department and all members thereof are hereby authorized to remove and tow away or cause the removal and towing by a commercial tow- ing service of any such car or other vehicle. Cars or vehicles so towed shall be taken to and stored in desig- nated locations and shall be restored to the owner or operator upon the payment of all towage and storage fees in such amounts as hereinafter provided. The Police Department shall notify the owner of any such vehicle removed of its location as soon as is reasonably pos- sible in accordance with Police Department procedures established therefor. C. Fees The towage fee for the removal of cars or vehicles whether by commercial service or by Village operated vehicles shall be thirty five ($35.00) dollars. In addition thereto, the owner or operator may be subject to an additional charge of up to fifteen ($15.00) dol- lars for preparation of the vehicle for towing if the vehicle is embedded or positioned in such a manner that normal towing services cannot be readily performed, and/or a storage fee of up to four ($4.00) dollars per day. Such fees shall be in addition to any fines, pen- alties or court costs which may be assessed for the vio- lations of any of the provisions of this Section 14.510 or any other Ordinance violation. Payment of towing, preparation and storage fees shall be paid directly to the commercial establishment which rendered the service, or in the case of the Village's operated vehicles, directly to the Village. The Village shall not be liable for any damages which may occur to any car or vehicle as a result of any towing, preparation or storage as provided herein. D. Unlawful Removal It shall be unlawful for any person, firm or corp- oration to remove, cause the removal of, or be in the possession of any car or vehicle taken from a desig- nated storage location without first having paid all towing, preparation and storage fees as above provided. Any person, firm or corporation violating this para- graph D shall be subject to an additional penalty of not less than twenty five ($25.00) dollars nor more than five hundred ($500.00) dollars for each offense. E. Obstruction of Snow Removal It shall be unlawful for any person, firm or corp- oration -and/or for any agent of any person, firm or corporation to: 1. Plow or otherwise remove accumulated snow from a private parking lot and deposit same on a Village street or right-of-way. - 2 - 2. Plow snow from a private driveway and deposit same on a Village Street in such a manner so as to decrease the driveable width of any such street. 3. Obstruct, harass, prevent or otherwise interfere with any employee of tl - ""' - ----4 in snow removal service or to obstruct, -use aacn- age to or otherwise interfere with any Village owned or leased vehicle used in conjunction with snow removal services. Any person, firm and/or corporation violating any of t' -i- ^r.visions of this paragraph E shall be subject to a fine of not less than twenty five ($25.00) dollars nor more than five hundred ($500.00) dollars and in addition thereto shall be responsible and make full payment for any damage to Village pro- perty. Citations for violations of this section may be issued to the owner of the property involved and also to any industry or firm which acts as an agent for any such owner. F. Penalty Unless otherwise specifically provided, any per- son, firm or corporation violating any of the provi- sions of this section shall be subject to a penalty of not less than fifteen ($15.00) dollars nor more than two hundred ($200.00) dollars for each offense and a separate offense shall be deemed committed on each day a violation occurs or continues to exist. Section 2: That any person, firm or corporation violating any provisions of this Ordinance shall be subject to such penalty as herein provided according to law. Section 3: Due to the emergency nature of this Ordinance, this Ordinance shall be in full force and effect from and after its pass- age and approval and the Village Clerk is hereby authorized to pub- lish this Ordinance in a newspaper of general circulation within the Village. AYES: 5 NAYS: 1 ABSENT: 0 ATTEST: APPROVED: Charles J. Zettek Village President Ilafern R. Snick Village Clerk sting Deputy PASSED this 13th day of February , 1979. APPROVED this 13th day of February 1979. PUBLISHED this 19th day of February , 1979 in The Elk Grove Herald - 3 -