HomeMy WebLinkAbout5.4 Motion to waive the rule requiring two readings of an ordinance and adopt AN ORDINANCE AMENDING CHAPTER 17, "VEHICLE LICENSES" AND CHAPTER 18 "TRAFFIC" OF THE VILLAGE CODE OF MOUNT PROSPECT.PROSPECT,Item Cover Page
Subject Motion to waive the rule requiring two readings
of an ordinance and adopt AN ORDINANCE
AMENDING CHAPTER 17, "VEHICLE LICENSES11
AND CHAPTER 18 "TRAFFIC" OF THE VILLAGE
CODE OF MOUNT
Meeting r - REGULAR MEETING OF THE MOUNT
PROSPECT VILLAGE BOARD -
Fiscal I se
f ry CONSENT AGENDA
Type Consent
l(mieldliratm
amountThe Police Department staff has worked to develop a Police Adjudication Program.
Currently, police related ordinance violations are sent to the 3rd District Cook
County Court where the cases are heard by a variety of Circuit Court Judges. The
fines received in these cases are then distributed to the Village from Cook County
after the County deducts costs and fees. A Police Adjudication Program provides
the option for ordinance violations to be heard by the Village's Administrative Law
Judge opposed to Cook County Judges. Additionally, the Village retains the entire
fine • e '!. without the Countydeducting •costs and fees.
At the November• • Village Board '' ! significant strides!
toward the implementation of the Police Adjudication Program with the updating of
the Village Ordinance Fine Structure. This change allowed for a standardized fine
structure for ordinance violations and allows violators a prepayment option to
avoid appearing at an Adjudication Hearing. Further
, the use of the Police
Adjudication Pr•! alleviates the need for the fine escalation
in use for some ordinance violations, such as parking and equipment violations.
Citations,, relating to village sticker violations and Chapter 18.1905 Penalties,
relating to the parking and compliance citations currently cited within the Village
code.
Chapter 17.110 Violation Citations and Chapter 18.1905 Penalties., currently allow
for fine escalations in accordance with Appendix A,, Division III. These escalations
are all efforts to settle a violation prior to formal adjudication in the Circuit Court
of Cook County. The amended ordinance will allow for these offenses to be heard
through the Police Adjudication Program in a more expeditious manner as follows:
Violators may pay the established fine prior to the fourteenth (14th) da)
before an Adjudication Hearing.
Should the violator fail to pay the fines within the fourteen (14) days, the)
will be sent a notice to appear at an Adjudication Hearing. Violators may pa)
levied
fines e fourteen
ee 4 days
l ••„,1, e issuance of •
to appear.
ordinanceShould the violator fail to pay fines prior to the Adjudication Hearing and fai
to appear at said hearing, the violator may settle such violation claim b)
payment as provided by the Village.
Should the violator submitting fail to pay the levied fines within thirty (30) o
the decision or the failure to appear, the delinquent fines will be sent tc
collections. For large amounts, because the fines will stand as full cour
judgments, they can be recorded against property owned by the violator.
Alternatives
1. Adopt the ing Chapter 17 "Vehicle Licenses”
"Traffic" ill .
2. Action i ion of the Village Board.
Staff Recommendation
Staff re
- . -
- • - - Village Board adopt the ordinance amen• r; Chapter 17
"Vehicle Licenses" and Chapter 18 "Traffic" of the Village Code of Mount Prospect
to enable the Police Debegin using the Police Adjudication Program •
process Parking and Compliance citations within the Village.
ATTACHMENTS
Ordinance Amending Chapters 17 & 18 (With Edits).pdf
Ordinance Amending Chapters 17 and 18 (Final).pdf
2
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 17, "VEHICLE LICENSES" AND
CHAPTER 18, "TRAFFIC,"
OF THE
VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS
WHEREAS, the Village of Mount Prospect (the "Village") is a home rule municipality,
having all of the powers and authority granted to such municipalities pursuant to Article VII,
Section 6 of the Illinois Constitution of 1970, including the right to exercise any power and perform
any function pertaining to its government and affairs; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect desire
to make certain amendments to Chapter 17, "Vehicle Licenses" and Chapter 18, "Traffic," of the
Village Code of Mount Prospect as set forth below; and
WHEREAS, pursuant to the authority granted under the Illinois Municipal Code and in
accordance with home rule authority granted home rule municipalities, the President and Board of
Trustees of the Village of Mount Prospect approve the amendments as set forth below.
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: Section 17.110, "Violation Citations" of Chapter 17, "Vehicle Licenses"
of the Mount Prospect Village Code shall be amended by removing the entirety of the current
section and replacing it with the following:
17.110: VIOLATION CITATIONS
"A. Any person violating any of the provisions of this chapter shall be punished by a fine as set
forth in appendix A of this code.
B. 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, with respect to a violation
of this article requiring the purchase and display of a vehicle sticker, said police officer shall, in
the first instance issue to such alleged violator, a citation.
C. Such citation shall be on a standard form developed by the Village or shall be in form of a
notice suitable for mailing, and shall state the specific section of this chapter that was violated and
shall inform the alleged violator that he may settle the said violation claim and avoid further
administrative action for such a violation in the following manner:
1. The alleged violator may settle such violation claim by payment at a designated department
of the village the sum as set forth in appendix A, division III of this code, at any time prior
to the fourteenth (14th) day before further administrative proceedings,_or by depositing the
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preaddressed citation with payment enclosed and with appropriate postage affixed, in the
U.S. mail.
2. In the event that the said violator to whom the citation is issued fails to settle the violation
claim and said violator is issued a notice to appear for further administrative proceedings,
then the alleged violator may settle such violation claim by payment, as provided by the
village, of the sum as set forth in Appendix A, division III of this code, within the fourteen
(14) days following the issuance of the notice to appear.
3. In the event that the said violator to whom the citation is issued fails to settle the violation
claim prior to the scheduled date of administrative proceedings undertaken by the village,
and fails to appear for such administrative proceedings, then the alleged violator may settle
such violation claim by payment, as provided by the village, the sum as set forth in
appendix A, division III of this code, within thirty (30) days following the issuance of the
notice of failure to appear.
4. In the event that no settlement payment is made within the thirty (30) day period prescribed
in the notice of failure to appear, then the village shall thereafter cause all outstanding
amounts to be referred to collection.
SECTION 2: Section 18.1905, "Penalties" of Article XIX, "Construction, Penalties, and
Disposition of Fines" of Chapter 18, "Traffic" to the Mount Prospect Village Code shall be
amended as follows:
18.1905: PENALTIES:
"C. Such citation shall be on a standard form
developed by the Village or shall be in form of a notice suitable for mailing, and shall state the
specific section of this chapter that was violated and shall inform the alleged violator that he may
settle the said violation claim and avoid further administrative action for
such a violation in the following manner:
1. The alleged violator may settle such violation claim by payment at a designated
department of the village the sum as set forth in appendix A, division III of this code,
:%Ov4thiffa 'LlNeft OWN JA:%,Q feflpoui:m" 'Lia iss;,tanee ef saii� eitAtien at any time prior to the
fourteenth (14th) day before further administrative proceedings, or by depositing the
preaddressed citation with payment enclosed and with appropriate postage affixed, in
the U.S. mail.
2. In the event that the said violator to whom the citation is issued fails to settle the
violation claim F and said violator is issued a
notice , to appear for further administrative proceedings, then the alleged
violator may settle such violation claim by payment,
as provided by the village, of the sum as set forth in Appendix A, division III
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4
of this code, within A} the fourteen (14) days following the issuance of the notice
to wear. t, ,
3. In the event that the said violator to whom the citation is issued fails to settle the
violation claim
prior to the scheduled date of administrative proceedings undertaken by the village, and
fails to appear for such administrative proceedings, then the alleged violator may settle
such violation claim by payment, as provided by the village
the sum as set forth in appendix A, division III of this code, within
(1.01'.' thirty (30) days following the issuance of the fitnial ino iee, notice of failure to
a ear, ,
-F L4j
4. In the event that no settlement payment is made within the thirty 30 day
period prescribed in the rfiPrlrrvTr%poenotice of failure to appear, then the
���te��villae shall thereafter cause all outstanding amounts to be referred to
col 1 ecti on
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A I A JW1111 I 'I 59%Wj 11114-0-96
SECTION 3: This Ordinance shall be in full force and effect from and after its approval,
adoption and publication in the manner provided by law.
ADOPTED this day of March, 2021, pursuant to a roll call vote as follows:
AYES:
NAYS:
ABSENT:
APPROVED this day of March, 2021, by the Village Mayor of the Village of Mount
Prospect, and attested by the Village Clerk, on the same day.
460830_1
5
Village Mayor
APPROVED and FILED in my office this day of March, 2021 and published in
pamphlet form in the Village of Mount Prospect, Cook County, Illinois.
ATTEST:
Village Clerk
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 17, "VEHICLE LICENSES" AND
CHAPTER 18, "TRAFFIC,"
OF THE
VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS
WHEREAS, the Village of Mount Prospect (the "Village") is a home rule municipality,
having all of the powers and authority granted to such municipalities pursuant to Article VII,
Section 6 of the Illinois Constitution of 1970, including the right to exercise any power and perform
any function pertaining to its government and affairs; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect desire
to make certain amendments to Chapter 17, "Vehicle Licenses" and Chapter 18, "Traffic," of the
Village Code of Mount Prospect as set forth below; and
WHEREAS, pursuant to the authority granted under the Illinois Municipal Code and in
accordance with home rule authority granted home rule municipalities, the President and Board of
Trustees of the Village of Mount Prospect approve the amendments as set forth below.
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: Section 17.110, "Violation Citations" of Chapter 17, "Vehicle Licenses"
of the Mount Prospect Village Code shall be amended by removing the entirety of the current
section and replacing it with the following:
17.110: VIOLATION CITATIONS
"A. Any person violating any of the provisions of this chapter shall be punished by a fine as set
forth in appendix A of this code.
B. 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, with respect to a violation
of this article requiring the purchase and display of a vehicle sticker, said police officer shall, in
the first instance issue to such alleged violator, a citation.
C. Such citation shall be on a standard form developed by the Village or shall be in form of a
notice suitable for mailing, and shall state the specific section of this chapter that was violated and
shall inform the alleged violator that he may settle the said violation claim and avoid further
administrative action for such a violation in the following manner:
1. The alleged violator may settle such violation claim by payment at a designated department
of the village the sum as set forth in appendix A, division III of this code, at any time prior
to the fourteenth (14th) day before further administrative proceedings, or by depositing the
460830_1
7
preaddressed citation with payment enclosed and with appropriate postage affixed, in the
U.S. mail.
2. In the event that the said violator to whom the citation is issued fails to settle the violation
claim and said violator is issued a notice to appear for further administrative proceedings,
then the alleged violator may settle such violation claim by payment, as provided by the
village, of the sum as set forth in Appendix A, division III of this code, within the fourteen
(14) days following the issuance of the notice to appear.
3. In the event that the said violator to whom the citation is issued fails to settle the violation
claim prior to the scheduled date of administrative proceedings undertaken by the village,
and fails to appear for such administrative proceedings, then the alleged violator may settle
such violation claim by payment, as provided by the village, the sum as set forth in
appendix A, division III of this code, within thirty (30) days following the issuance of the
notice of failure to appear.
4. In the event that no settlement payment is made within the thirty (30) day period prescribed
in the notice of failure to appear, then the village shall thereafter cause all outstanding
amounts to be referred to collection.
SECTION 2: Section 18.1905, "Penalties" of Article XIX, "Construction, Penalties, and
Disposition of Fines" of Chapter 18, "Traffic" to the Mount Prospect Village Code shall be
amended as follows:
18.1905: PENALTIES:
"C. Such citation shall be on a standard form developed by the Village or shall be in
form of a notice suitable for mailing, and shall state the specific section of this chapter that was
violated and shall inform the alleged violator that he may settle the said violation claim and avoid
further administrative action for such a violation in the following manner:
1. The alleged violator may settle such violation claim by payment at a designated
department of the village the sum as set forth in appendix A, division III of this code,
at any time prior to the fourteenth (14th) day before further administrative proceedings,
or by depositing the preaddressed citation with payment enclosed and with appropriate
postage affixed, in the U.S. mail.
2. In the event that the said violator to whom the citation is issued fails to settle the
violation claim and said violator is issued a notice to appear for further administrative
proceedings, then the alleged violator may settle such violation claim by payment, as
provided by the village, of the sum as set forth in Appendix A, division III of this code,
within the fourteen (14) days following the issuance of the notice to appear.
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3. In the event that the said violator to whom the citation is issued fails to settle the
violation claim prior to the scheduled date of administrative proceedings undertaken
by the village, and fails to appear for such administrative proceedings, then the alleged
violator may settle such violation claim by payment, as provided by the village the sum
as set forth in appendix A, division III of this code, within thirty (30) days following
the issuance of the notice of failure to appear.
4. In the event that no settlement payment is made within the thirty (30) day period
prescribed in the notice of failure to appear, then the village shall thereafter cause all
outstanding amounts to be referred to collection.
SECTION 3: This Ordinance shall be in full force and effect from and after its approval,
adoption and publication in the manner provided by law.
ADOPTED this day of March, 2021, pursuant to a roll call vote as follows:
AYES:
NAYS:
ABSENT:
APPROVED this day of March, 2021, by the Village Mayor of the Village of Mount
Prospect, and attested by the Village Clerk, on the same day.
Village Mayor
APPROVED and FILED in my office this day of March, 2021 and published in
pamphlet form in the Village of Mount Prospect, Cook County, Illinois.
ATTEST:
Village Clerk
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