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HomeMy WebLinkAboutOrd 3204 04/20/1982 RDINANCE NO. 3204 AN ORDINANCE TO AMEND CHAPTER 18 ENTITLED "TRAFFIC" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS IE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE ~ILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: ~ECTION ONE: Chapter 18 entitled "Traffic" of the Village Code )f Mount Prospect, Illinois (1981), as amended, is hereby further ~mended as follows: Be Ce By amending se~tion~18o13213entitled "Obstructing Fire Lanes" of said Chapter 18 to ~ead: . " ~Sec. 18.1321. ObStruCting 'Fi're Lanes. A. Whenever fire lanes are designated as provided in Section 18.2014 - Schedule XIV of this Chapter and in Section 21.1509 of Chapter 21 of this Code, it shall be unlawful for any person to block or obstruct, wholly or partly, any such duly desig- nated and posted fire lane. B. A~y person convicted of a violation of this Section shall be fined no less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, plus costs. " By amending subsection K of Section 18.1322 entitled "Metered Parking Zones" of said Chapter 18 to change .subparagraph 1 thereof to read: " K. 1. Notwithstanding the provisions of Sections 18.1905 and 18.1325 of this Chapter, any person who violates subsections I and J of this Section 18.1322 shall be fined not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) for each offense, plus costs. " By amending subsection A of Section 18.1325 entitled "Penalty" of said Chapter 18 to read: A. Notwithstanding the provisions of Article XIX of this Chapter, or subsection K of Section 18.1322, whenever a police officer is authorized to arrest a person without a warrant because of a violation of any sections of this Article, said police officer may, in lieu of the filing of a complaint in court, in the first instance issue to such al- leged violator, a citation: 1. Advising said person that he has violated a specified section herein. e Requesting him to make payment in an amount applicable to said alleged violation as set forth in subsection E of this Section as settlement of said violation claim; and e Informing him that upon failure to so settle a notice to appear or complaint will be filed in the Circuit Court of Cook County, charging him with such violation. " By amending subsection E of Section 18.1325 entitled "Penalty" of said Chapter 18 to read: E. The violation claim described in said citation so to be issued pursuant to the terms of this Article, excepting subsections I and J of Section 18.1322, may be settled, compromised and paid in the re- spective amounts set forth in the following schedule In the event that said payment is made prior to the mailing by the Municipality or by the peace officer of a final notice, the following amounts shall be accepted as settlement: Improper Parking Overtime Parking Overtime Metered Parking Improper Parking in Spaces Posted for Physically Handicapped Obstructing Fire Lanes $5.00 $5.00 $3.00 $10.00 $10.00 In the event that payment has not been paid prior to the mailing of such final notice, and in fact, final notice has been mailed, the following amounts shall be accepted as settlement: Improper Parking Overtime Parking Overtime Metered Parking Improper Parking in Spaces Posted for Physically Handicapped Obstructing Fire Lanes $8.00 $8.00 $8.00 $20.00 $20.00 In the event that payment is not made within the time prescribed in the final notice, and a notice to appear has been served or a com- plaint filed in the Circuit Court of Cook County payment of any fine and costs shall be Sn such amount not less than thirty-five dollars ($35,00 nor more than three hundred dollars ($300.00) as may be determined and established by the Circuit Court of Cook County for any such offense. " By adding a new Section 18.1326 to be entitled "Towing and Storage of Improperly Parked Vehicles" to said Chapter 18 to read: " Sec. 18.1326. Towing and Storage of Improperly Parked Vehicles A. In addition to the provisions of Section 18.1302 of this Chapter any vehicle parked in violation of Sections 18.1303, 18.1315, 18.1320, 18.1321 and 18.1324 shall be subject to being towed by the Village or any of its officers, agents, em- ployees, servants, contractors and subcontractors, ' to a location designated by the Village at the expense of the owner of the vehicle towed. . The Village shall mail written notice to the person listed in the records of the Illinois Secretary of State or in the vehicle license records of the Village as the registered owner of the vehicle towed advising the said owner of the location of said vehicle within twenty-four (24) hours after the vehicle towed is deposited at its designated location. The Village may also notify said owner by telephone. C. Such notice shall also advise the owner of the reason for action taken by the Village in towing the illegally parked vehicle, and shall provide the owner an opportunity to request a hearing before the Village Manager regarding the basis for such towing action. Such request must be made in writing within two (2) days following receipt of the notice, and the Village Manager shall take immediate steps to hold a hearing and review the action taken in towing the vehicle. The determination of the Village Manager that the vehicle in question was, in fact, parked in violation of any of the sections specified above shall be final. D. Prior to the release of a vehicle towed to its owner or a person claiming the vehicle towed on behalf of the owner, the owner shall pay whatever fees are charged by any person designated by the Village which towed the said vehicle, provided, however, that if the Village towed or stored said vehicle, the following fees shall be paid to the Village: A towing fee of thirty-five dollars ($35.00) for passenger automobiles and forty dollars ($40.00) for trucks or vehicles other than passenger automobiles. A fee of up to fifteen dollars ($15.00) for any necessary work performed by the Village in order to'permit the vehicle to be towed. A fee per day of five dollars ($5.00) for outside storage and eight dollars ($8.00) for indoor storage of the vehicle towed. The fees provided for herein shall be in addition to any fines or penalties which may be imposed for violation of said Sections and this Section. E. The Villag~ shall not be liable for any damage to any vehicle which occurs as a result of the work to and the towing and storage of any vehi'cle under the provisions of this Section. F. It shall be unlawful for any person to remove any vehicle from a storage area unless and until the fees for the preparatory work, towage and storage of said vehicle have been paid. The penalty for violating the provisions of this Section shall be as provided in Section 18.1905 of this Chapter. . By amending Section 18.1614 entitled "Penalties" of said Chapter 18 to read: " Sec. 18.1614. Penalties. Any person found guilty of violating any provisions of this Article shall be punished by a fine of not less than ten dollars ($10.00) nor more than twenty- five dollars ($25.00) and/or by suspension of the bicycle license for a period not to exceed ninety (90) days. " ~ECTION TWO: This Ordinance shall be in full force and effect !rom and after its passage, approval and publication in pamphlet ~orm in the manner provided by law. ~YES: Arthur, Farley, Floros, Murauskis, Wattenberg ~AYS: None ~BSENT: Miller ~ASSED and APPROVED this 20th. day of April · 1982. ~TTEST: Village Clerk