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HomeMy WebLinkAboutOrdinances - MC-10-1017 - 08/16/2010 - ADD VEHICLE IMPOUND TO CH 13ORDINANCE NO. MC- 10-1017 An Ordinance Amending Chapter 13, Article II, Vehicle Impoundment, Section 13.20-B of the City of McHenry Municipal Code 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, McHenry County, Illinois, as follows: SECTION 1: Chapter 13, Article II, Vehicle Impoundment, Section 13.20-13 of the City of McHenry Municipal Code shall be amended to read as follows: B Within ten days after a vehicle is seized and impounded pursuant to this Chapter, the City shall notify, by certified mail, return receipt requested, the owner of record of the date, time and location of a plea hearing that will be conducted in accordance with Chapter 2.25, Administrative Adjudication, of this Code The owner will appear at a hearing and enter a plea of guilty or not guilty. If a plea of guilty is entered, the case will be disposed of at that time. Ifthe owner pleads not guilty, a final hearing shall be conducted on that date unless continued by order of the Administrative Law Judge An owner of record can request the scheduled plea hearing date be continued, as long as the request for continuance is made no later than 48 hours prior to the hearing. 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 SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.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 16a' day of August, 2010. Voting Aye: SANTI, GLAB, SCHAEFER, BLAKE, WIMMER, PETERSON, CONDON Voting Nay: NONE Absent: NONE Not Voting: NONE Abstain: NONE APPRO D. A Mayor Susan E. Low (SEAL) ATTEST: U o City Jerk J ce . Jones