A. Parking Violations: Whenever a peace officer is authorized to arrest a person without a warrant or otherwise observes a violation of sections 6-4-5-1, 6-4-5-2 and 6-4-5-3 of this code (parking violations), said officer shall issue a "P" ticket in such form as authorized by the village, setting forth the nature of the violation and the date, time and location wherein the violation occurred and shall issue same by personal delivery to the vehicle operator, if present, or attaching same to the motor vehicle. The registered owner or operator of any vehicle who receives a "P" ticket may request a hearing before the village's administrative adjudication hearing officer or may settle and compromise the penalty arising from same by paying the stated amount due to the finance department. Any person who does not settle and compromise same within twenty (20) days from the date of the issuance of the citation, may do so within thirty (30) days from the date of the issuance of the citation by paying the stated amount due plus a late payment fee of twenty five dollars ($25.00). Any person who does not settle or compromise the citation within said thirty (30) day period will be given notice of a hearing date before the village's administrative adjudication hearing officer and be subject to a judgment being entered in the amount of one hundred dollars ($100.00) for each offense. During the time from when the notice of the hearing is sent up to the date of the hearing the person may settle and compromise the citation by paying the stated amount due, the twenty five dollar ($25.00) late payment fee and an additional adjudication processing fee of thirty five dollars ($35.00). Should any section set forth in sections 6-4-5-1, 6-4-5-2 and 6-4-5-3 impose a minimum fine greater than one hundred dollars ($100.00), then the fine entered by the Village’s administrative adjudication officer, if applicable, shall not be less than the higher minimum fine established nor more than seven hundred fifty dollars ($750.00) for each offense.
B. Certain Nonparking Vehicular Offenses And Other Miscellaneous Offenses: Whenever a peace officer is authorized to arrest a person without a warrant or otherwise observes a violation of any of the hereinafter designated sections of this code or Illinois Vehicle Code, being 625 ILCS 5/1-100 et seq., said officer may issue a "C" ticket in such form as authorized by the chief of police, which "C" ticket may be settled and compromised as hereinafter set forth. The "C" ticket shall set forth the nature of the violation and the date, time and location wherein the violation occurred and shall be personally delivered to the alleged violator along with a notice advising the violator of the settlement procedure and costs associated therewith.
The "C" ticket shall apply to violations of certain sections of the Illinois vehicle code authorized by the presiding judge of the third district and to violations of the following sections of this code:
Section
| Offense
|
Section
| Offense
|
Title 6, chapter 2 | Village vehicle license |
6-3-1 - Illinois Vehicle Code, beginning with “625 ILCS” and completed with a chapter/section suffix as follows: | |
5/3-413 | Display of registration plates, registration stickers |
5/3-701 | Operation of vehicles without evidence of registration |
5/6-101 | Valid driver's license or permit |
5/6-116 | Notice of change of address or name |
5/12-201 through 5/12-902 | Equipment violations |
5/13-111 | Operation without certificate of safety attached |
Any person issued a "C" ticket may settle and compromise same within twenty (20) days from the date of issuance by going to the police department of the village with proof of compliance of the violation cited and the payment of a twenty five dollar ($25.00) administrative fee, or by mailing an affidavit of compliance with the twenty five dollar ($25.00) administrative fee to the police department if the violator is unable to make a personal appearance.
Any person issued a "C" ticket and who has not settled and compromised same within twenty (20) days may do so within thirty (30) days from the date of the issuance of the citation by following the procedure set forth above and adding thereto a late payment fee of twenty five dollars ($25.00). Any person who does not settle or compromise the "C" ticket within the said thirty (30) day period will be given a notice of a complaint being filed and a hearing date being scheduled before the village's administrative adjudication hearing officer and be subject to a judgment being entered in the amount of one hundred dollars ($100.00) for each offense. During the time from when the notice of the hearing is sent up to the date of the hearing, the person may settle and compromise the "C" ticket by paying the stated amount due, the twenty five dollar ($25.00) late payment fee and an additional adjudication processing fee of thirty five dollars ($35.00).
C. Other Offenses: Whenever a peace officer observes a violation where the offender is not present at the time of the violation or where the situation is such that the issuance of a citation requiring the posting of a bond is impractical, then and in that event, the officer may issue or cause the issuance of a "P" ticket to the alleged offender. Said "P" ticket may permit the offender or violator to settle and compromise the violation by paying the minimum fee set forth in this code for such offense. Any person who fails to settle or compromise said citation within twenty (20) days from the date of the issuance of the citation may do so within thirty (30) days from the date of the issuance of the citation by paying the stated amount due plus a late payment fee of twenty five dollars ($25.00). Any person who does not settle or compromise within said thirty (30) day period will be given notice of a hearing date before the village's administrative adjudication hearing officer and be subject to a judgment being entered in the amount of one hundred dollars ($100.00) for each offense. During the time from when the notice of the hearing is sent up to the date of the hearing, the person may settle and compromise the citation by paying the stated amount due, the twenty five dollar ($25.00) late payment fee and an additional adjudication processing fee of thirty five dollars ($35.00).
D. Impoundment Of Vehicles:
1. Violation: Any vehicle, the owner or owners of which have a total of three (3) or more unpaid citations for parking violations or violations in which a "C" ticket was given, charging that such vehicle or other vehicles owned by the same owner or owners was parked, stopped or driving in violation of any ordinance of the village, shall be deemed a public nuisance, and the police department or any other agents of the village assigned to traffic duty are hereby authorized to remove, cause to be removed or impound in place the offending vehicle at the sole cost and expense of the owner or owners thereof.
2. Disposition Of Removed Vehicle: The disposition of removed vehicles shall be in accordance with the Illinois vehicle code pertaining to abandoned property.
3. Presumption Of Owner's Responsibility: The registered owner of a vehicle, the owner of which has three (3) or more citations for parking violations, or violations in which a "C" ticket was given shall be presumed to be the owner and the operator of the vehicle at the time the citations were issued and shall be responsible for the offense and the impoundment, and all costs associated therewith.
4. Release Of Vehicle: Any vehicle removed or impounded in place pursuant to this section will be released to its lawful owner upon the showing of adequate evidence of the right to possession and upon the payment of all accrued fines and costs for each outstanding unpaid citation or judgment against a person or persons registered as the owner of the vehicle. In lieu of payment of the amount due on any unpaid citation, the owner may deposit a bond in the amount of two hundred dollars ($200.00) for his appearance before the village's administrative adjudication hearing officer to answer said violation or violations. A release must be signed by an officer of the police department of the village.
(Ord. 2181, 8-13-1991; amd. 1992 Code; Ord. 2285, 1-26-1993; Ord. 2639, 5-12-1998; Ord. 3081, 4-11-2006; Ord. 3227, 2-23-2010; Ord. 3242, 8-17-2010; Ord. 3304, 6-19-2012; Ord. 3446, 1-26-2016; Ord. 3752, 4-26-2022)