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HomeMy WebLinkAboutOrdinances - MC-10-1012 - 05/17/2010 - ESTABLISH BAIL BOND FEEOrdinance No MC-10- 1012 An Ordinance Amending Municipal Code Chapter 18 Police by adding Article IV Bail Bond Fee in the City of McHenry WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, as follows: SECTION 1: That Chapter 18 Police be amended by adding Article IV Bail Bond as follows: Article IV. Bail Bond Fee Sec. 18-59. Bail Bond Fee created. A. The Police Department shall charge a $30 administrative processing fee for posting bail or bond in any legal process, civil or criminal, or on any bookable arrest, including a warrant, to be levied and paid at the time of posting said bail or bond. B. In order for the fee to be assessed, the subject must be processed in the Police Department's booking room and post bond at the Police Department. C. Exception: The processing fee shall not be charged to a subject if the individual is incurring the administrative vehicle impoundment penalty (See Chapter 13 Article II Vehicle Impoundment). D. If the administrative processing fee is imposed pursuant to this Section, such penalty shall constitute a debt due and owing to the City, and the City may seek to obtain a judgment on the debt, and enforce such judgment as provided by law. Sec. 18-60—18-81. Reserved. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4:_ This ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. PASSED and APPROVED this 17TH Voting Aye: Voting Nay: Not Voting: Abstained: Absent: ATTEST: day of MAY , 2010. SANTI, GLAB, SCHAEFER, BLAKE, WIMMER, PETERSON, CON ON NONE NONE NONE NONE Mayor F