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HomeMy WebLinkAbout6.3 Waive the rules requiring two readings of an ordinance and AN ORDINANCE REPEALING CHAPTER 17 VEHICLE LICENSE AND VEHICLE LICENSE FEES SPECIFIED IN APPENDIX A, DIVISION II, OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS.ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17 VEHICLE LICENSE AND VEHICLE LICENSE FEES SPECIFIED IN APPENDIX A, DIVISION II, VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the Village of Mount Prospect is a home rule municipality as defined by Article VII, § 6 of the Illinois Constitution of 1970; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect desire to make certain amendments to 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 to home rule municipalities, the President and Board of Trustees of the Village of Mount Prospect approve the amendments set forth below; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect discussed the Village's Vehicle License program as defined in Chapter 17 of the Village of Mount Prospect Code and have decided to eliminate the program and respective fees as defined in Appendix A, Division II of the Village of Mount Prospect Code. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: Chapter 17 — Vehicle License along with applicable fees referred in Appendix A, Division II, for provisions and sections from Chapter 17 — Vehicle License of the Village Code stands repealed indefinitely or until such time when the President and the Village Board restore the Chapter 17 — Vehicle License at a Board Meeting. SECTION TWO: that this Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of 2024. Paul Wm. Hoefert, Mayor ATTEST: Karen M. Agoranos, Village Clerk General Provisions I I SECTION: 17.101: Definitions 17.102: Licenses Required; Exceptions 17.103: License Fees 17.104: Disposition Of Revenues 17.105: Dealers' Licenses 17.106: Application For License; Issuance 17.107: License Year; Time Of Payment; Late Payment Penalty 17.108: Plates And Windshield Sticker 17.109: Transfer 17.110: Violation Citations 17.101: DEFINITIONS: "Vehicle" as used in this chapter shall be construed to mean every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except 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 (3) wheels in contact with the ground, but excluding a "tractor" as defined in subsection 18.140U of this code. B. Motor Driven Cycle Or Motor Bicycle: Every motorcycle or every bicycle with a motor attached having less than one hundred fifty (150) cubic centimeter piston displacement. C. Motor Vehicle: Every vehicle which is self-propelled and not operated upon rails. D. Trailer: Every vehicle without motive power in operation, other than a pole trailer, designed for carrying persons or property and for being 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 secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes or structural 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 fifth wheel of the truck tractor at a point not less than two feet (2') to the rear of the center of the rearmost axle of such tractor. (Ord. 2509, 7-2-1974; amd. Ord. 5216, 10-16-2001) 17.102: LICENSES REQUIRED; EXCEPTIONS: A. License Required: Every motor vehicle, motor driven cycle, motor bicycle and/or trailer, semitrailer or other vehicle as set forth in this article, which is: 1) owned or operated by a person who resides within the village; or 2) which is owned by a company, firm or corporation which has a place of business located within the village; or 3) registered with the state to an address located within the village, shall have displayed a current, properly purchased Mount Prospect vehicle license. B. Exceptions: There shall be only three (3) exceptions to the above license requirement: 1. Exception One: The vehicle has a registered owner on active U.S. military duty stationed outside of Illinois; or 2. Exception Two: The vehicle is kept and operated primarily in another municipal jurisdiction and displays a current and valid license from that municipal jurisdiction; or 17.103: LICENSE FEES: Annual license fees for motor vehicles and trailers of various classifications shall be as set forth in appendix A, division II of this code (Ord. 5189, 5-15-2001) 17.104: DISPOSITION OF REVENUES: All revenues derived from license and transfer fees shall be used for paying the cost of repair, maintenance and improvement of streets and alleys; traffic law enforcement; automobile emission control testing; and such other uses as the president and board of trustees of the village shall authorize in the annual budget, or shall otherwise direct. (Ord. 3269, 10-5-1982) 17.105: DEALERS' LICENSES: A. Effective February 1, 1998, and notwithstanding any provision of this chapter to the contrary, where dealers' number plates issued by the state of Illinois are lawfully used on any vehicle operated in the village by any person having a residence or doing business in the village, the annual fee for the village vehicle license therefor shall be as set forth in appendix A, division II of this code. Notwithstanding any of the provisions of section 17.107 of this article to the contrary, the village license for dealers' vehicles shall consist of a metal plate which shall be attached to the front plate of the state dealers' number plate. Any such village plate may be transferred to any other vehicle held for sale and used for demonstration under state dealers' number plate by the same dealer who applied for the village plate. B. Effective February 1, 2007, and notwithstanding any provision of this chapter to the contrary, where dealers' number plates issued by the state of Illinois are lawfully used on any vehicle operated in the Village by any person having a residence or doing business in the Village, the annual fee for the village vehicle license therefor shall be as set forth in appendix A, division II of this code. Notwithstanding any of the provisions of section 17.107 of this article to the contrary, the village license for dealers' vehicles shall consist of a metal plate which shall be attached to the front plate of the state dealers' number plate. Any such village plate may be transferred to any other vehicle held for sale and used for demonstration under state dealers' number plate by the same dealer who applied for the village plate. (Ord. 650, 12-16-1958; amd. Ord. 3669, 6-17-1986; Ord. 4617, 1-18-1994, eff. 2-1-1994; Ord. 4875, 7-15-1997, eff. 2-1-1998; Ord. 5189, 5-15-2001) 17.106: APPLICATION FOR LICENSE; ISSUANCE: Every owner or operator of a motor vehicle or motor bicycle desiring a license for such motor vehicle shall file an application with the clerk, setting forth the name and address of the applicant and a description of the vehicle for which the license is desired. Upon payment of the fee herein provided, the clerk shall issue or cause to be issued a license which shall be attested by him authorizing the use of such vehicle within the Village until the expiration of the license. (1957 Code, 17.105) 17.107: LICENSE YEAR; TIME OF PAYMENT; LATE PAYMENT PENALTY: License fees shall be due and payable on or before April 30, and shall expire on April 30 following the date of issuance. If, after the date license fees become due and payable, a person acquires a vehicle or becomes a resident of the Village or if one of the exceptions set forth in section 17.102 of this article ceases to exist, then the license fees provided for in section17.103 of this article shall be due and payable within thirty (30) days after such vehicle is acquired or new residency is established, or the exceptions in section 17.102 of this article cease to exist. Where the said fee becomes due and payable six (6) months or more after the start of the license year, then the license shall be issued for the remainder of the year upon payment of one-half (1/2) of the fee provided for in section 17.103 of this article. A late fee will be required in addition to all the license fees provided for in section17.103 of this article by all persons who purchase the license after the date as set forth in this section. The late payment fee schedule is as set forth in appendix A, division II of this code. (Ord. 6284, 12-6-2016) 17.108: PLATES AND WINDSHIELD STICKER: A. Each applicant, upon payment of the fee, shall be given a license plate or windshield sticker of such design and material as may be approved by the president and board of trustees. Any such license plate shall be fastened in a prominent place on the front of the vehicle at all times it is in the Village. Any such windshield sticker shall be affixed in the lower right hand corner (passenger side) on the inside of the glass part of the windshield of such motor vehicles, approximately one inch (1 ") from the right and lower section of the frame of such windshield, at all times it is in the Village. Except as otherwise provided in this article, no license or sticker issued hereunder shall be transferred from the vehicle for which it was issued to any other vehicle without prior notification to and approval of the clerk. B. The due date for display of current village windshield stickers shall be on May 1 of each year. (Ord. 6284, 12-6-2016) 17.109: TRANSFER: A. Whenever the owner of any vehicle licensed under this chapter, before the expiration of such license, sells or otherwise disposes of such vehicle, and thereafter acquires another vehicle, such owner shall immediately make application to the village treasurer for a transfer of said vehicle license to the newly purchased vehicle. Said 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 vehicle. 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 issue a new license to apply to the newly acquired vehicle. 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. 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. (Ord. 6284, 12-6-2016) 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. 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 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. (Ord. 6560, 3-2-2021)