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No person shall deface, injure, move or interfere with any official traffic sign or signal.
(Prior Code, § 70.007) (Ord. 1524, passed 9-29-1942; Ord. 2016-001, passed 1-12-2016) Penalty, see § 70.999
The provisions of this traffic code regulating the movement or parking of vehicles shall not apply to emergency vehicles while the driver thereof is engaged in the performance of emergency duties. Nor shall such provisions apply to persons actually engaged in repairing or otherwise improving the streets under authority of the City Council or the state.
(Prior Code, § 70.008) (Ord. 1524, passed 9-29-1942; Ord. 2016-001, passed 1-12-2016)
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 the alleged violator; or, in the alternative, the fact that a vehicle sticker issued by a municipality has been issued in the name of and to the alleged violator, shall be considered prima facie proof that such alleged violator was in control of or was the operator of the automobile or motor vehicle at the time of the alleged violation.
(Prior Code, § 70.013) (Ord. 2013, passed 10-10-1966; Ord. 2016-001, passed 1-12-2016)
(A) Adoption of Illinois Vehicle Code. The provisions of the Illinois Vehicle Code, 625 ILCS 5/1-100 et seq., as amended, governing moving violations and reportable offenses and such other Illinois Vehicle Code offenses not previously adopted in § 70.001(A) as now existing, or hereafter amended, are hereby adopted by reference to be applied within the corporate limits of the city to the extent permitted by law and to the extent that its subject matter is not otherwise regulated by this code or inconsistent with any lawful provision of this code.
(B) Citations. Ordinance citations issued for violations of division (A) above shall be issued in the name of the city. The offense shall be cited on the ordinance citation as division (A) above followed by the section of the Illinois Vehicle Code violated, e.g., § 70.015; 6-303. Ordinance citations shall not be issued for felony violations of the Illinois Vehicle Code.
(C) Burden of proof. The burden of proof for any offense classified as a petty offense or business offense in the Illinois Vehicle Code shall be by preponderance of the evidence. Offenses classified as misdemeanor offenses in the Illinois Vehicle Code shall be proven beyond a reasonable doubt.
(D) Prosecution. Violations of this section may be prosecuted in the Circuit Court of Cook County but not through the city’s Administrative Adjudication of Code Violations, Title I, Chapter 11.
(E) Violations, penalties. Any person who violates this section may be fined the maximum allowed by this code, $750, or the maximum allowed by the Illinois Vehicle Code, whichever is greater and not inconsistent with state law and the violation reported to the Illinois Secretary of State by the Circuit Court of Cook County.
(F) Nothing in this section shall prohibit the ordinance violations set forth in division (A) above from being prosecuted as a violation of the Illinois Vehicle Code rather than as an ordinance violation.
(Ord. 2018-013, passed 2-27-2018)
VEHICLE IMMOBILIZATION PROGRAM
Any and all motor vehicles that are registered to an owner who has been determined to be liable for five or more unpaid final determinations of vehicular standing, parking, compliance or automated traffic law enforcement violations may be immobilized, towed and impounded, regardless of whether the immobilized or impounded, vehicle was the vehicle used in the violation, provided a pre-immobilization/tow notice has been sent to the vehicle’s registered owner and the owner has not requested a hearing concerning the notice as set forth below.
(A) (1) The pre-immobilization/tow notice shall include the following information:
(a) A final determination has been made on five or more vehicular standing or parking regulation violations, the fines and penalties for which remain unpaid;
(b) The violation notice numbers, dates of issuance and total amount of each unpaid violation; and
(c) Notification that any motor vehicle owned by the person found liable is subject to immobilization, towing and impoundment if the fines and penalties are not paid within 14 days of the date of the notice.
(2) The person determined liable may contest the validity of the notice by disproving liability for the unpaid final determinations of parking, standing, compliance or automated traffic law violations listed on the notice.
(3) A hearing to contest the notice’s validity can be requested by submitting a request for hearing to the Traffic Compliance Administrator within 14 days of the date of the notice. The request for hearing shall be deemed filed upon receipt by the Traffic Compliance Administrator.
(B) Upon receipt of a pre-immobilization/tow hearing request, the Traffic Compliance Administrator shall schedule a hearing to allow the registered owner to contest the notice validity. The hearing shall be at least seven days after receipt of the hearing request. Notice of the hearing shall be sent by first class mail, postage paid, to the address as set forth on the hearing request. Service of the notice shall be complete on the date it is placed in the United States mail.
(C) If, after the hearing, the Traffic Compliance Administrator determines that the registered owner is not liable for one or more of the unpaid final determinations cited in the notice and this finding results in reducing the number of unpaid final determinations below five, the vehicle in question shall not be immobilized, towed and impounded based upon the violations stated in the notice. If, however, the Traffic Compliance Administrator determines that the registered owner is liable for five or more of the unpaid final determinations cited in the notice, the vehicle in question shall be subject to immobilization, towing and impoundment.
(Prior Code, § 70.025) (Ord. 2013-238, passed 7-23-2013; Ord. 2016-001, passed 1-12-2016)
(A) The registered owner of a vehicle immobilized, towed or impounded under this subchapter shall have the right to a prompt hearing without the requirement of payment of outstanding fines and penalties for which final determinations have been made.
(B) (1) When the vehicle is immobilized, the Police Department shall place a notice on the vehicle advising the owner of his or her right to a hearing to contest the validity of the immobilization. If the vehicle is subsequently towed or impounded, the Traffic Compliance Administrator shall mail a post-immobilization/tow notice to the vehicle’s registered owner which includes the following information:
(a) Date of immobilization, towing and/or impoundment;
(b) Location of vehicle; and
(c) The vehicle was immobilized under this section for five or more unpaid final determinations of vehicular standing, parking, compliance or automated traffic law enforcement violations.
(2) The registered owner may contest the validity of the immobilization/tow by disproving liability for the unpaid final determinations of parking, standing, compliance or automated traffic law violations listed on the notice.
(3) A hearing to contest the validity of the vehicle immobilization/tow can be requested by submitting a written request for hearing to the Traffic Compliance Administrator within 14 days of the vehicle immobilization or impoundment, whichever is later. The request for hearing shall be deemed filed upon receipt by the Traffic Compliance Administrator.
(C) Upon receipt of a post-immobilization/tow hearing request, the Traffic Compliance Administrator shall schedule a hearing no later than the next regularly scheduled monthly administrative adjudication or parking/compliance hearing date. Notice of the hearing shall be sent by first class mail, postage paid, to the address as set forth on the hearing request. Service of the notice shall be complete on the date it is placed in the United States mail.
(D) If, after the hearing, the Traffic Compliance Administrator determines that the registered owner is not liable for five or more of the unpaid final determinations that provided the basis for the immobilization/tow, the vehicle in question shall be released to the owner and no immobilization, towing or storage fees shall be due. If, however, the Traffic Compliance Administrator determines that the registered owner is liable for five or more of the unpaid final determinations cited in the notice, the vehicle in question shall not be released until all fines, penalties, immobilization, towing and storage charges are paid.
(E) An order entered after the hearing to contest the validity of the immobilization, tow or impoundment is a final administrative decision within the meaning of § 3-101 of the Illinois Code of Civil Procedure (735 ILCS 5/3-101).
(Prior Code, § 70.026) (Ord. 2013-238, passed 7-23-2013; Ord. 2016-001, passed 1-12-2016)
If no post-impound/tow hearing is requested, the vehicle in question shall be released to the registered owner only after all fines, penalties, immobilization, towing and storage charges are paid.
(Prior Code, § 70.027) (Ord. 2013-238, passed 7-23-2013; Ord. 2016-001, passed 1-12-2016)
This subchapter shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. A full, true and complete copy of this subchapter shall be published in pamphlet form, by authority of the City Council as corporate authorities.
(Prior Code, § 70.028) (Ord. 2013-238, passed 7-23-2013; Ord. 2016-001, passed 1-12-2016)
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