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HomeMy WebLinkAboutOrd 2509 07/02/1974 -' ORDINANCE NO. 2509 AN ORDINANCE AMENDING THE MOUNT PROSPECT VEHICLE LICENSING CODE SECTION ONE: That Sections 17.101, 17.102, and 17.103 of Article I of Chapter 17 of the Municipal Code of Mount Prospect of 1957, as amended, be and the same are hereby amended in their entireties by substituting therefor the following Sections: "SECTION 17.1010 Definition. The term "Vehicle" as used in this Chapter shall be construed to mean every device in, upon, or by which any per- son or property is or may be transported or drawn upon a highway. ex- cept devices moved by human power or upon stationary rails or tracks, including: A. Motorcycles. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor as defined in Sec- tion 18.133 (N) of this Code. B. Motor Driven Cycle or Motor Bicycle. Every motorcycle or every bicycle with a motor attached having less than 150 cubic centimeter piston displacement. C. Motor Vehicle. Every vehicle which is self-propelled and every vehi- cle not operated upon rails. For the purpose of this Chapter, motor vehicles as a class shall be divided into two divisions, viz: 1. First Division: Those vehicles which are designed and used for the carrying of not more than ten (10) persons. 2. Second Division: Those vehicles which are designed and used for the pulling or carrying of freight and those vehicles which are designed for the carrying of more than ten (10) persons. D. Trailer. Every vehicle without motive power in operation, other than a pole trailer, designed for carrying persons or property and for be- ing drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. 1. Pole Trailer. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise se- cured to the towing vehicle, and ordinarily used for transporting long or irregularly shpaed loads such as poles, pipes, or struc- tural members capable, generally, of sustaining themselves as beams between supporting connections. 2. Semitrailer. Every vehicle without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. 3. Stinger-steered Semitrailer. Every semitrailer which has its kingpin on a projection to the front of the structure of such semitrailer and is combined with the 5th wheel of the truck tractor at a point not less than two feet to the rear of the cen- ter of the rearmost axle of such tractor. . _'_""_'~'.~ ",' """,",' ~~~=,,,,,.,,,,,,,q"""""'7~'"''~'~=''''e:;:,,'::''''.'=''''''''' ",'''''n''r",''.vm''''''''''~'<>'$>'''n''''''"''''''''''';!7==',;l''=n~-;,,'~.,;'" <:'T'':'>~'!,'~,'rZ; SECTION 17.102. Licenses. That pursuant to the Home Rule proVisIons contained in Article VII of the Constitution of the State of Illinois of 19-70, it is the declared legislative intention that the provisions of this Article I herein control and govern the subject matter, that every owner or operator of a motor vehicle, motor driven cycle, motor bicycle, and/or trailer or semitrail- er who resides within the Village of Mount Prospect shall pay into the Vil- lage Treasury each year a wheel tax in the form of a fee for the use of each such vehicle on any public street or alley in the Village of Mount Prospect as hereinafter provided -- prior enacted statutory or ordinance provisions to the contrary notwithstanding. SECTION 17.103. Fees. Annual license fees for motor vehicles and trail- ers of various classifications shall be as follows: A. First Division Vehicles, excluding motorcycles, motor driven cycles and motor bicycles: Class - Type of Vehicle Annual License Fee w Passenger automobiles, including ambulances and hearses. $ 15.00 B . Motorcycles, Motor Driven Cycles and Motor Bicycles: Class M 10.00 C. Second Division Vehicles: 1. Motor Trucks, Tractor-Semitrailer Units, and Motor Buses Annual Gross Weight in Lbs .of Vehicle License Class plus its Maximum Load Fee A 3,000 lbs and less $ 15.00 B 3~OOl to 8,000 lbs 20.00 C 8,001 to 10,000 lbs 25.00 D 10,001 to 12,000 lbs 30.00 E 12,001 to 14,000 lbs 35.00 F 14,001 to 16,000 lbs 40.00 G 16,001 to 20,000 Ibs 45.00 H 20,001 to 24,000 Ibs 50.00 (2 or more axles) J 24,001 to 28,000 lbs 55.00 (2 or more axles) K 28,001 to 32,000 lbs 60.00 (2 or more axles) L 32,001 to 36,000 lbs 65.00 (2 or more axles) -2- ;<,""'7';::-:>('""",""~':;"'_""""_~______________"'~'''"--==''''''',,,,,,,,,,",.',,,),=""",,..,,,,,,=.,-,v-.:;o'rr.<,:;;c;,,,,"".;:,,..,,,,,,,,.-.,,.,,,,,,;r,(<"""^,,,,,,,,w;r-o,".,,,,,,,,;;f;~"",.._,,~=,~~,_'~r .--"""""~ , .' N 36,001 to 41,000 lbs 75.00 (3 or more axles) p 41,001 to 45,000 lbs 80.00 (3 or more axles) R 45,001 to 50,000 lbs 85.00 (3 or more axles) S 50,001 to 59,000 lbs 90.00 (4 axles) T 59,001 to 64,000 lbs 95.00 (4 axles) V 64,001 to 73,280 lbs 100.00 (5 axles) VDB 64,001 to 73,280 lbs 110.00 (5 axles-Double Bottom) a. A . self-propelled vehicle operated as a trac'tor and one semitrailer shall be considered as one vehicle in computing the above license fees, and no additional license fee shall be required for said semi- trailer so used. b. The owner of each vehicle who has elected to pay a mileage weight tax to the State of Illinois shall be required to be licensed as in this Qrdinance provided. 2. Trailers Class Gross Weight in Lbs .of Vehicle plus Its Maximum Load Annual License Fee TA 3,000 lbs. or less. privately owned, non-commercial vacation camper or boat trailer or other recreational vehicle $ 5.00 TAC 3,000 or less 20.00 TB 3,001 to 8,000 lbs. privately owned, non-commercial vacation camper or boat trailer or other recreational vehicle 15.00 TBC 3,001 to 5,000 lbs. 25.00 TC 5,001 to 10,000 lbs. 30.00 TD 10,001 to 14,000 lbs. 35.00 TF 14,001 to 20,000 lbs. 40.00 TL 20.001 to 36,000 lbs. 45.00 -3- .~~..~,o.,.~_"==...=...=.===~",_=_.___.__=.,~...."..--- .' . , a. A semitrailer used with any device for attaching it to a motor vehi- cle, a trailer, or other semitrailer, shall be licensed as a trailer. b. All equipment mounted on wheels for transportation, and attached to any motor vehicle or leading semitrailer or trailer, using the public ways of the Village, shall be licensed hereunder as trailers. c. If such vehicle has been purchased or lawfully acquired by the applicant on or after June 16 of any current year, the fee to be paid shall be a sum equal to one-half (i) of the annual license fee hereinbefore specified as a license fee for the bal- ance of such year. Before any applicant shall be entitled to a license at a prorated fee as provided for in this Section, the said applicant shall furnish an affidavit in form satisfactory to the Village Treasurer stating that the vehicle for which the license is applied for was purchased or otherwise obtain- ed by the applicant on or after June 16 of the current year, and shall exhibit to the Village Treasurer the bill of sale covering the vehicle for which license is sought. SECTION TWO: That Sections 17.108 and 17.109 of Article I of Chapter 17 of the Municipal Code of Mount Prospect of 1957, as amended, be and the same are hereby amended in their entireties; and a new Section 17.110 be and the same is hereby added to the aforesaid Article I of Chapter 17 of the Municipal Code of Mount Prospect of 1957, as amended; so that hereafter the said Sections 17.108, 17.109, and 17.110 shall be and read as follows: "SECTION 17.108. Transfer. A. Whenever the owner of any vehicle licensed under this Chapter f be- fore the expiration of such license, sells or otherwise disposes of such vehicle, and thereafter acquires another vehicle and desires to trans- fer the vehicle license originally issued for the vehicle disposed of, to such newly acquired vehicle, such owner shall immediately make ap- plication to the Village Treasurer for a tr.ansfer of said vehicle license to the newly purchased vehicle. S aid application shall state the name and address of the licensee and the name and address of the purchaser of said vehicle, together with a description of the newly purchased vehi- cle. 1. Upon surrender of the original license and transparent sticker, or vehicle tag in case a metal tag has been issued, or upon proof that the transparent sticker or plate has been destroyed, the Village Treasurer shall transfer said license to apply to the newly acquired vehicle upon payment of the proper license fee listed hereinabove f provided, that the Village Treasurer shall not transfer any licen~e when the transparent sticker emblem issued under said license is de- faced or mutilated so as to prevent identification of the emblem. 2. It shall be unlawful for any person to display a transparent sticker emblem on any vehicle other than the vehicle for which the emblem was originally issued, without first transferring the license to such other vehicle, as provided for herein. B . The owner of any vehicle licensed under this Chapter shall promptly notify the Village Treasurer and the Police Department whenever the transparent sticker emblem issued under such license is lost, stolen, or destroyed. C. The transfer fee shall be Two Dollars ($2). If the newly acquired vehi- cle is of a class requiring the payment of a license fee higher than was paid for the license originally obtained for the vehicle disposed of, the :'v.~;~~~'~k1I"_.",C'I;l~~'"""'i"y""",,,,,=,'_'-cI.'~;;i.,:=~<'."1..';;;";~m:X..:.;;;}.,1~"'''~'P="O"",:.,::,~,~,,,=o;;:::;r:.,,,,,'='''.''''''''''''~_.'_-___"",=~,=","","=",,.=,,,,=,.<\,,.;,,..,,,,,..,~,,,,,,,.,,,.,,,,,.,,,vm."'_";~-~~~-"'~ ^ ..-".-.","'f"T-----.' .} . , fee required to be paid for such transfer shall be a sum equal to the dif- ference between the fee paid for the original license and the fee fixed for licenses for vehicles of such class, plus the transfer fee of Two Dollars ($2) . SECTION 17.109. All revenues derived from license and transfer fees shall be kept as a separate fund and used for paying the cost of repair, maintenance, and improvement of streets and alleys; traffic law enforce- ment; automobile emission control testing; and such other uses as the Pre- sident and Board of Trustees of the Village of Mount Prospect shall authori- ze in the annual budget, or otherwise direct. SECTION 17.110. Violation Citations. A. Whenever a police officer is authorized to arrest a person without a warrant because of a violation of this Article requiring the purchase and display of a vehicle sticker, 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. 2. Requesting him to make payment in an amount applicable to said alleged violation as set forth in this Article as settlement of said violation claim; and 3. Informing him that upon failure to so settle, a complaint will be filed in the Circuit Court of Cook County, Charging him with such violation. B . Pursuant to said CITATION, the person so accused of said violation may settle and compromise the violation claim in respect to such Sec- tion violation by paying to the municipality the applicable amount as shown in the schedule set forth in this Article, within a period to be specified in said CITATION -- not more than seven (7) days of the time said alleged offense was committed. 1. Such payment shall be made in accordance with the instructions contained in the aforesaid CITATION, at the office of the Finance Department, which shall issue a receipt for the money so received and promptly remit said amount to the Village Treasurer to be cre- dited to the proper municipal fund. C. In the event that the person to whom said CITATION is issued fails to settle and pay said violation claim within the prescribed time, or with- in a period of time specified in a Final Notice (if one is served upon him) then the Peace Officer is authorized to cause a Notice of Appeal to be served upon said alleged violator and is authorized to file a com- plaint and to prosecute the same in the Circuit Court of Cook County . D. The fact that an 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 a municipality has been issued in the name of and to said alleged violator, shall be considered 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. -5- ~- - ,..,,,....,. ","",,,,..,,~=,,~.~c,,,,,,,,,,,,,,.,,,,,,,.,,,;,.'O';;r,,J,,,,,,\,..".,,;:.::;;,'lr",,-"'l".:. -".,"'.1.~7:"""'''''''':' ;""'''''--~'.;c"",,,.<,,,,,,,.,.=.,..~.,'''d"-~''~----'-----'_~_~~"""~~..."~.~,=,.=",l<",~=;"\",""''''.'''''I''>".,.".~~,*,,.,,,,:r;.m=-'''''_'''~='''''''''''__=~'"'-'1''"''-'"_'''_~__'''''tt":"",,,,,,,,,,,,~~--- . .- E. The violation claim described in said CITATION so to be issued pursu- ant to the terms. of this Ordinance, may be settled t compromised, and paid in the respective amounts set forth in the following schedule: 1. In the event that said payment is made prior to the mailing by the municipality or by the Peace Officer of a Final Notice, Ten Dollars ($10) shall be accepted as payment. 2. 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, Fifteen Dollars ($15) shall be accepted as settlement. 3. In the event that payment is not made within the time prescribed in the Final Notice, and a Notice to appear has been served and a com- plaint filed in the Circuit Court of Cook County, payment of any fine and costs shall be in such amounts not less than Twenty Dollars ($20), nor more than Three Hundred Dollars ($300) as may be determined and established by the Circuit Court of Cook County for any such offense. 11 SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. AYES: 4 NAYS: 2 PASSED and APPROVED this 2nd day of July , 1974. ~~~ Village President ATTEST: 4~ w ~ ~,,____ Village Clerk -6- ..,."...,.,=~_",,~'-~_h_---'>""""""~""""'"""""=~''''''';'';';'~)''''''''"'''ati'''''W'';'''''''''',';"_'%"""""~'""""""'~""'-""""'='''''>''-...'7!=,=""~=:",,,,''~~'---~'--'"-~Mr--