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HomeMy WebLinkAboutOrd 3422 06/05/1984ORDINANCE NO. 3422 AN ORDINANCE TO AMEND CHAPTER 18 ENTITLED "TRAFFIC" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 5th DAY OF JUNE , 1984 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 5th day of June , 1984 0976S ORDINANCE NO. 3422 AN ORDINANCE.. TO AMEND CHAPTER 18 ENTITLED "TRAFFIC" OF THE VILLAGE CODE OF MOUNT PROSPECT~ ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: Chapter 1~ entitled "Traffic" of the Village Code of Mount Prospect, Illinois (1981), as amended, is hereby further amended as follows: A® By amending Subsection A of Section 18.1321 entitled "Obstructing Fire Lanes" to read as follows: "A. Whenever fire lanes are designated as provided in Section 1R.2~14 and Section 21.1509, ~t shall be unlawful for any person to block or obstruct, wholly or partly, any duly designated and posted fire lane described in Schedule XIV of the Appendix to this Chapter." By amending Subsection E of Section 18.1322 entitled "Metered Parking ~ones" to read as follows: "K. 1. Any person who violates Subsections I and J of this Section 18.1322 shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) for each such offense. Whenever a police officer is authorized to arrest a person without a warrant because of a violation of any of the Sections of this Article, said police officer may, in lieu of the filing of a complaint in Court, in the first instance, issue a citation as hereinafter provided iD Section 18.1325 and Section 18.1905 to any person who violates the provisions of Subsections B, C, D, E, and H of this Section. Such citation may be delivered to the violator personally, or may be affixed to the vehicle of the violator. Nothing in this Subsection, however, shall be construed to abridge the power of a police officer to arrest any person violating the above specified Subsections and to take him into custody." By adding Subsection G to Section 18.1324 entitled "Handicapped Persons; Parking Privileges" to read as follows: "G. Any person who violates this Section shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) for each offense." By amending Section 18.1325 entitled "Penalty" to delete S~bsections A through E thereof and to substitute therefor the following Subsections: "A. Except as may be provide~ elsewhere in this Article, any person who violates any of the Sections of this Article shall be subiect to the ~enalties provided in Section 18.1905 of this Chapter. Notwithstanding the penalty provisions of Section 18.1905 of this Chapter, the use of a citation in lieu of the filing of a Complaint in Count $~]1 not be Ee Fe Ge available with resnect to violations of Subsections I and J of Section 18.1322 and violations of Section 18.1324 of this Article." By adding a new Section 18.1424 entitled "Failure to Display Motor Fuel Tax Identification Card" to read as follows: "When required by the provisions of Section 13a.4 of the Motor Fuel Tax Law, approved March 25, 1~29, as amended (Section 429a.4 of Chapter 120 of the Illinois Revised Statutes), everv valid Motor Fuel Tax Identification Card, or an authorized reproduction shall at all times be carried iD the cab of the vehicle to which it refers or shall be carried by the operator who shall display the same upon demand of a police officer or an agent of the Department of Revenue. For the purpose of this Section, "display" when requested means the manual surrender of the I~entificatlon Card into the hands of the demanding officer or agent for the inspection thereof." By adding a new Section 18.1425 entitled "Failure to Display Name, Address and Permit Number on Second Division Vehicle" to read as follows: No second division vehicle, other ~han a second division vehicle having a gross weight of 8,000 pounds or less which is used by the owner or a member of his immediate family solely for personal use, other than farm tractors, farm machinery and implements, farm wagons, wagon-trailers or like vehicles used primarily in agricultural pursuits, vehicles licensed by the Secretary of State as a recreational vehicle and all vehicles registered in another State which, if tltlted in this State would qualify for such recreational plate, house trailers, trailers designed to carry a single watercraft or vehicles owned by licensed vehicle dealers and manufacturers while used for demonstration or delivery purposes, may be operated upon the highways of this State unless there is painted or otherwise firmly affixed to the vehicle on both sides thereof, in a color or colors vividly contrasting to the color of the vehicle, the name and address of the owner and the certificate or permit number of the vehicle, if any. B® The size of the letters must be at least 2 inches high and the stroke of the brush must be at least 1/2 inch wide. The Illinois Department of Transportation may upon application waive the rqulrements of the address on such a vehicle when there is painted or otherwise firmly 8ffi×ed to the vehicle a seal or trademark sufficiently well known to clearly identify the owner of the vehicle. Any person acquiring a second division vehicle bearing the name, trademark or other identification of the previous owner shall obliterate such name, trademark or other identification." By adding a new Section 18.1426 entitled "Penalty" to read as follows: "Except as may be provided eslewhere in this Article, any person who violates any of the Sections of this Article shall be subject to the penalties provided in Section 18.1905 of this Chapter." By adding a new Section as follows: 18. 1543 entitled "Penalty" to read -2- "Except as may be provided eslewhere in this Article, any person who violates any of the Sections of this Article shall be subject to the penalties provided in Section 18.1905 of this Chapter." By adding a new Section 18.1708 to be entitled "Penalty" to read as follows: "Except as may be provided eslewhere in this Article, any person who violates any of the Sections of this Article shall be subject to the penalties provided in Section 18.190q of this Chapter." By amending Section 18.1905 entitled "Penalties for Misdemeanor" to be retitled "Penalties" and to read as follows: "A. Except as hereinafter provided in this Chapter, any persoD violating any of the provisions of this Chapter for which another penalty is not provided shall, upon conviction thereof, be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars (100.00); provided that where any person suffers more than one conviction for a violation of any provision of this Chapter during a period of one year, then such person shall be punished by a fine of not less than fifty dellars (~0.00) nor more than five hundred dollars ($500.00) for the second and subsequent convictions during said one year period. Notwithstanding the penalties provided in Subsection A of this Section for a person convicted of a violation of any provision of this Chapter, any police officer may, in lieu of the filing of the complaint in Court, in the first instance issue to such alleged violator a citation with respect to the violation of the following sections of this Chapter: Any section in Article XIII of this Chapter except for subsections I and J of Section 18.1322 and Section 18.1324. 2. Any section in Article XIV of this Chapter. 3. Any section in Article XV of this Chapter. 4. Any section of Article XVII of this Chapter. 5. Schedules V through XVI as provided in Sections 18.2005 through 18.2016 of this Chapter. Such citation shall be on a standard form for use in the Circuit Court of Cook County and commonly known as a "PC" ticket or shall be in the form of a notice suitable for mailing, and shall state the specific Section of this Chapter that was violsted and shall inform the alleged violator that he may settle the said vio]atioD claim and avoid an appearance in Court for such a violation in the following manner. The alleged violator may settle such violation claim by payment at the Police Department of the VillaGe of the sum of ten ($10.00) within ten days following the issuance of said citation. In the event that the said violator to whom the citation is issued fails to settle the violation claim within a Deriod of ten days and be is issued a final notice and given an additional period of ten days to settle the violation claim, then upon payment to the Police_D~.pgrtment of the -3- illage of the sum of twenty dollars ($20.00) during said period. In the event that no settlement payment is made within the ten day period prescribed in the final notice, then the issuing police officer shall cause a Notice to Appear to be served upon the alleged violator or shall file a Complaint with respect to said violation and the same shall be processed in the Circuit Court of Cook County in accordance with the penalty provided in Subsection A of this Section. Where the alleged violation involves a failure to comply with vehicle identification or eguipment requirements of this Chapter, then in addition to a payment of the amounts set forth above, the alleqed violator ~ust also show proof of compiiance with the Section so violated in order to achieve a settlement of the violation claim. The fact that 8n automobile or motor vehicle which is illegally operated or parked is registered with the Secretary of State in the name of said alleged violator; or, in the alternative, in the event that a vehicle sticker issued by the Village has been issued in the name of and to said alleged violator, shall be considered as prima facie proof that said alleged violator was in control of or was the operator of the automobile or motor vehicle at the time of such alleged violation. Ail payments made in settlement of a violation claim pursuant to the provisions of this Subsection shall be duly receipted for by the Police Department Official receiving the same, and such payments shall be promptly remitted to the Village Treasurer to be credited to the proper Municipal Fund." SECTION TWO: This Board does herein determine that Sections 11-1406, 11-1407, 11-1410, 11-1411, 11-1419.01, 12-101, 12-20t(a), 12-202, 12-204, 12-205, 12-401, 17-502, 12-503, 12-601, 12-602, 12-603, 12-702, 12-710, and 15-104 of the Illinois Vehicle Code are contained ~n the following designated Sections of Chapter 18 of this Village Code and are subject to disposition by the above-provided citation proceeding, to-wit: Sections 18.1406, 18.1502, 18.1503, 18.1528, 18.1529, respectively. 18.1407, 18.1410, 18.1411, 18.1505, 18.1506, 18.1520, 18.1530, 18.1535, 18.1542, 18.1424, 18.1501, 18.1526, 18.1527, and 18.1425, SECTION THREE: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form in accordance with law. PASSED and APPROVED this 5th day of Jun~ __, 19~_~. AYES: Arthur, Farley, Floros, Van Geem, Wattenberg NAYS: None ABSENT: Murauskis ~ILLAGE ~RESIDENT ATTEST: VILLAGE CLERK -4-