HomeMy WebLinkAboutORDINANCE - 3475 - 12/13/2016 - Correcting Ord. 3253 Error ORDINANCE NO. 3475
AN ORDINANCE CORRECTING A SCRIVENER'S ERROR NUNC PRO TUNC SET
FORTH IN ORDINANCE NO. 3253
WHEREAS, on September 25, 2007,the Village adopted Ordinance No. 3140 which
authorized an Automated Traffic Law Enforcement System(Red Light Cameras) in the Village;
and
WHEREAS, Section 6-3-11-5 Hearing stated that The Notice of Violation shall
constitute evidence of the facts contained in the notice and is admissible in any proceeding
alleging a violation of Section 6-3-11-2; and
WHEREAS,on December 14, 2010,the Village adopted an amendatory Ordinance
concerning Ordinance No. 3140 expounding on several areas of Ordinance No. 3140 but not
related to or amending that part of the Ordinance regarding the admissibility of the Notice of
Violation at the Hearing of any contested violation; and
WHEREAS,the Village's Codifier, realizing that the amendatory Ordinance contained a
scrivener's error by using the word inadmissible instead of admissible,the Codifier being fully
aware and having been advised that the clear legislative intent of the Village Board was to have
the Notice of Violation remain admissible at the Hearing, codified that section with the word
admissible; and
WHEREAS,the word admissible therefore remained in all future codifications of the
Village Code and the scrivener's error was never set forth in any codified edition of the Village
Code.
NOW, THEREFORE,BE IT ORDAINED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage as follows:
Section 1: That that part of Section 6-3-11-5 of Ordinance No. 3253 containing the word
inadmissible is hereby declared to be a scrivener's error and is therefore replaced with the word
admissible, nunc pro tunc, and that the codified version of Section 6-3-11-5, in effect since
September 25, 2007 and thereafter amended on December 14, 2010, again with the codified
version retaining the word admissible, be deemed the applicable law and controlling language of
said Section 6-3-11-5.
Section 2: That this Ordinance shall be in full force and effect from and after its passage
and approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 13th day of December 2016.
APPROVED this 13th day of December 2016.
APPROVED:
Mayor Craig B.Johnson
Village of Elk Grove Village
ATTEST:
Judith M. Keegan,Village Clerk