2004-0790
08/1/2004
ORDINANCE NO. 2004- 7 9
•
An Ordinance Amending Chapter 10.20, Vehicle Seizure and Impoundment, and Chapter
2.62, Administrative Hearing System, of the Village of Buffalo Grove Municipal Code.
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES,
ILLINOIS, as follows:
Section 1. The foregoing recital is hereby adopted and incorporated into and made a
part of this Ordinance as if fully set forth herein.
Section 2. Subsection D. of Section 10.20.010 of the Buffalo Grove Municipal Code is
hereby amended to read as follows:
D. Administrative Hearing. Within five (5) business days after a vehicle is seized
and impounded pursuant to this Section, the Village shall notify by certified mail the
owner of record of the owner's right to request a hearing to challenge whether a
violation of this Section has occurred. The owner of record seeking a hearing must file a
written request for a hearing with the Chief of Police or his designee no later than ten
(10) business days after notice was mailed. The hearing date must be no more than
fifteen (15) business days after a request for a hearing has been filed. All interested
persons shall be given a reasonable opportunity to be heard at the hearing. The formal
rules of evidence shall not apply at the hearing and hearsay evidence shall be admissible.
If, after the hearing, the hearing officer determines by a preponderance of evidence that
the vehicle was used in violation of this Section, then the hearing officer shall enter an
order finding the owner of record of the vehicle civilly liable to the Village for the
administrative penalty of $500.00. If, after a hearing, the hearing officer does not
determine by a preponderance of the evidence that the vehicle was used in such a
violation, the hearing officer shall enter an order finding for the owner and for the return
of the vehicle If the owner of record requests a hearing but fails to appear at the hearing
or fails to request a hearing in a timely manner, the owner of record shall be deemed to
have waived his or her right to a hearing and the hearing officer shall enter a default
order in favor of the Village in the amount of the administrative penalty. However, if
the owner of record pays such penalty and the vehicle is returned to the owner, no
default order need be entered if the owner is informed of his or her right to a hearing and
signs a written waiver, in which case an order of liability shall be deemed to have been
made when the Village receives the written waiver.
e
Section 3. Subsection G. of Section 2.62.080 of the Buffalo Grove Municipal Code is hereby
amended to read as follows:
2.62.080 Hearings
G. In a Hearing on the propriety of impoundment of a vehicle any sworn or affirmed
report, citation or ticket that (i) is prepared in the performance of a law enforcement
officer's duties and (ii) sufficiently describes the circumstances leading to the
impoundment, shall be admissible evidence of the vehicle owner's liability, unless
rebutted by clear and convincing evidence
Section 4. If any section, paragraph, clause or provision of this ordinance shall be held invalid,
the invalidity thereof shall not affect any other provision of this ordinance.
Section 5. This ordinance shall be effective upon its passage and approval.
AYES: 5 - Braiman, Glover, Johnson, Kahn, Trilling
NAYES: 0 - None
ABSENT: 1 - Berman
PASSED: August 16 , 2004.
APPROVED: August 16 .2004.
APPROVED:
Village President
ATTEST:
illage Clerk
STATE OF ILLINOIS )
ss.
COUNTY OF COOK )
CERTIFICATE
I, Janet M. Sirabian, certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois.
I further certify that on August 30, 2004, the
Corporate Authorities of the Village passed and
approved Ordinance No. 2004 -79 entitled: AN
ORDINANCE AMENDING CHAPTER 10.20, VEHICLE
SEIZURE AND IMPOUNDMENT, AND CHAPTER 2.62,
ADMINISTRATIVE HEARING SYSTEM, OF THE VILLAGE
OF BUFFALO GROVE MUNICIPAL CODE provided by
its terms that it should be published in pamphlet
form.
The pamphlet form of Ordinance No. 2004 -79,
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing August 31,
2004, and continuing for at least ten days thereafter.
Copies of such Ordinance were also available for
public inspection upon request in the Office of
Village Clerk.
Dated at Buffalo Grove, Illinois, this 31st day of
August, 2004.
Vill e Clerk
By
08/1/2004
An Ordinance Amending Chapter 10.20, Vehicle Seizure and Impoundment, and Chapter
2.62, Administrative Hearing System, of the Village of Buffalo Grove Municipal Code.
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES,
ILLINOIS, as follows:
Section 1. The foregoing recital is hereby adopted and incorporated into and made a
part of this Ordinance as if fully set forth herein.
Section 2. Subsection D. of Section 10.20.010 of the Buffalo Grove Municipal Code is
hereby amended to read as follows:
D. Administrative Hearing. Within five (5) business days after a vehicle is seized
and impounded pursuant to this Section, the Village shall notify by certified mail the
owner of record of the owner's right to request a hearing to challenge whether a
violation of this Section has occurred. The owner of record seeking a hearing must file a
written request for a hearing with the Chief of Police or his designee no later than ten
(10) business days after notice was mailed. The hearing date must be no more than
fifteen (15) business days after a request for a hearing has been filed. All interested
persons shall be given a reasonable opportunity to be heard at the hearing. The formal
rules of evidence shall not apply at the hearing and hearsay evidence shall be admissible.
If, after the hearing, the hearing officer determines by a preponderance of evidence that
the vehicle was used in violation of this Section, then the hearing officer shall enter an
order finding the owner of record of the vehicle civilly liable to the Village for the
administrative penalty of $500.00. If, after a hearing, the hearing officer does not
determine by a preponderance of the evidence that the vehicle was used in such a
violation, the hearing officer shall enter an order finding for the owner and for the return
of the vehicle If the owner of record requests a hearing but fails to appear at the hearing
or fails to request a hearing in a timely manner, the owner of record shall be deemed to
have waived his or her right to a hearing and the hearing officer shall enter a default
order in favor of the Village in the amount of the administrative penalty. However, if
the owner of record pays such penalty and the vehicle is returned to the owner, no
default order need be entered if the owner is informed of his or her right to a hearing and
signs a written waiver, in which case an order of liability shall be deemed to have been
made when the Village receives the written waiver.
Section 3. Subsection G. of Section 2.62.080 of the Buffalo Grove Municipal Code is hereby
amended to read as follows:
2.62.080 Hearings
G.. In a Hearing on the propriety of impoundment of a vehicle any sworn or affirmed
report, citation or ticket that (i) is prepared in the performance of a law enforcement
officer's duties and (ii) sufficiently describes the circumstances leading to the
impoundment, shall be admissible evidence of the vehicle owner's liability, unless
rebutted by clear and convincing evidence
Section 4. If any section, paragraph, clause or provision of this ordinance shall be held invalid,
the invalidity thereof shall not affect any other provision of this ordinance.
Section 5. This ordinance shall be effective upon its passage and approval.
AYES: 5 Braiman, Glover, Johnson, Kahn, Trilling
NAYES:
ABSENT:
0 - None
1 - Berman
PASSED: August 16 , 2004.
APPROVED: August 16 , 2004.
Village President
ATTEST:
"Village Clerk