HomeMy WebLinkAboutOrdinances - MC-11-1037 - 09/12/2011 - AMEND VEHICLE IMPOUND ORD IN CH 13ORDINANCE NO. MC-11-1037
An Ordinance Amending Chapter 13, Article II, Vehicle Impoundment,
of the Municipal Code, City of McHenry, Illinois
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 COLNCIL of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION l: Section 13.16--C of the Municipal Code, City of McHenry, Illinois, shall be
amended to read as follows:
C. No valid driver's license (unlicensed) excluding expired driver's license of less than one year
(625 1LCS 5/6-101 or a similar local ordinance).
SECTION 2: Paragraph H in Section 13.16 of the Municipal Code, City of McHenry, Illinois,
shall be amended to read as follows:
H. Any violation of law which makes the vehicle subject to seizure under 720 ILCS 570/505 et
seq. (Illinois Controlled Substances Act).
SECTION 3: Paragraph I in Section 13.16 of the Municipal Code, City of McHenry, Illinois,
shall be amended to read as follows:
Any violation of law which makes the vehicle subject to seizure under 720 ILCS 550/1
et.seq. (Cannabis Control Act).
SECTION 4: Section 13.16, Violations, of the Municipal Code, City of McHenry, Illinois,
shall be amended to add paragraphs J, K, L, M, N and O, which shall read as follows:
J. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an
offense in violation of 720 ILCS 5/24-1 (unlawful use of weapons), 5/24-1.5 (reckless
discharge of a firearm) or 5/24-3.1 (unlawful possession of firearms and firearm
ammunition).
K. Operation or use of a motor vehicle by a person against whom a warrant has been issued by a
circuit clerk in Illinois for failing to answer charges that the driver violated 62.5 ILCS 5/6-101
(drivers must have licenses or permits), 5/6-303 (driving while driver's license, permit or
privilege to operate a motor vehicle is suspended or revoked) or 5/11-501 (driving while
under the influence of alcohol, other drug or drugs, intoxicating compound or compounds of
any combination thereof).
L. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an
offense in violation of 72011-CS 5/16 (theft and related offenses) or 5/16A (retail theft).
M. Operation of use of a motor vehicle in the commission of, or in the attempt to commit, any
other misdemeanor or felony offense in violation of the Criminal Code of 19,61 (720 ILCS
5/1-1 et seq.)
N. Operation or use of a motor vehicle while soliciting, possessing or attempting to solicit or
possess cannabis or a controlled substance as defined by the Cannabis Control Act (720 ILCS
550/ 1100 et seq. ).
O. Any violation of the law which makes the vehicle subject to seizure under 720 ILCS 5/36-1
(Seizure and forfeiture of Vessels, Vehicles and Aircraft).
SEC"TION 5: Section 13.20--B of the Municipal Code, City of McHenry, Illinois, shall be
amended to read as follows:
B. Within 10 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.. If the 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. In the event that the City is seeking to forfeit the
vehicle pursuant to applicable law these impoundment proceedings shall be stayed pending
the final disposition of the forfeiture proceedings. If the vehicle is forfeited the impoundment
proceeding pursuant to this Chapter shall be dismissed by the City. If the vehicle is not
forfeited the City shall schedule a plea hearing within 10 days of receipt of the final order in
the forfeiture proceeding and shall notify the owner of said plea hearing as provided herein.
SECTION 6: Section 13.22., 13.23 and 13.24-100 shall be renumbered Sections 13.23, 13.24
and 13.25-100, respectively and a new section 13.22, entitled, Pending Forfeiture Proceedings, shall
be added to the McHenry Municipal Code providing as follows:
When a vehicle is the subject to forfeiture proceedings by the City the owner shall not be
permitted to post the $500 cash bond and pay the towing and storage charges for release of
the vehicle until the forfeiture proceedings have concluded. In the event of forfeiture of the
vehicle is granted by the court, these impoundment proceeding shall be dismissed.
SECTION 7: 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 9: All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 9: 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 121h day of September, 2011.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Not Voting: None.
Absent: None.
Abstain: None.
APPROVED:
Miyor Susan E. Low
(SEAL)
ATTEST: _ e_e., C
Cit Cl k Janic ones