2009-0700
10/7/2009
ORDINANCE NO. 2009- 70
An Ordinance Amending Title 10, Vehicles and Traffic, 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.2. of Section BG -4 -105 of the Buffalo Grove Municipal Code .
is hereby amended to read as follows:
BG -4 -105
D.2. The Owner shall pay applicable towing and storage fees and thereupon must
take possession of his vehicle within 24 hours of payment. After payment of all
fees currently owed the Owner may subsequently request a hearing pursuant to
Section BG -4 -105 and Section BG -4 -106.
Section 3. Subsection B. of Section 10.20.010 of the Buffalo Grove Municipal Code is
hereby amended to read as follows:
10.20.010
B. Conduct Prohibited. A motor vehicle that is used in connection with any of the
following violations may be subject to seizure and impoundment by the Village,
and the owner of record of the vehicle shall be liable to the Village for an
administrative penalty of five hundred dollars plus any applicable towing and
storage fees:
1. Driving under the influence, as provided in Section BG- 11- 501(a) of the
Buffalo Grove Municipal Code or Section 5/11- 501(a) of the Illinois Vehicle Code
(625 ILCS 5/11- 501(a)); or
2. Driving with suspended or revoked license, as provided in Section BG -6 -303 of
he Buffalo Grove Municipal Code or Section 5/6 -303 of the Illinois Vehicle Code
(625 ILCS 5/6 -303), as a result of a conviction pursuant to Section 5/11- 501(a) of
the Illinois Vehicle Code or Section BG- 11- 501(a) of the Buffalo Grove Municipal
Code.
Section 4. Subsection C. of Section 10.20.010 of the Buffalo Grove Municipal Code is
hereby amended to read as follows:
1
10.20.010
C. Seizure and Impoundment.
1. Whenever a police officer has reason to believe,_supported by probable cause. or
in furtherance of the public safety or community caretaking function, that a vehicle
is subject to seizure and impoundment pursuant to this section, the police officer
shall provide for the towing of the vehicle to a facility approved by the Chief of
Police. This section shall not apply if the vehicle used in the violation was stolen at
that time and the theft was reported to the appropriate police authorities within
twenty -four hours after the theft was discovered or reasonably should have been
discovered.
2. The police officer shall notify any person identifying himself as the owner of the
vehicle or any person who is found to be in control of the vehicle at the time of the
alleged violation, if there is such aperson, of the fact of the seizure and of the
vehicle owner's right to request an administrative hearing to be conducted under
this section.
Section 5. Subsection H. is added to Section 10.20.010 of the Buffalo Grove
Municipal Code, to read as follows:
H. Lienholder. A lienholder asserting its right to possession of an impounded
vehicle pursuant to its conditional sales agreement may obtain possession of such
vehicle by paying the applicable administrative penalty, and towing and storage
fees and submitting a photocopy of the conditional sales agreement and title
certificate, an affidavit stating that the purchaser is in default of the agreement and
an indemnification certificate executed by an authorized agent of the lienholder.
Section 6. 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 7. This ordinance shall be effective upon its passage, approval and publication.
This ordinance may be published in pamphlet form.
AYES: 6 - Braiman, Glover, Berman, Trilling, Stone, Sussman
NAYES: 0 - None
ABSENT: 0 - None
PASSED: November 2 , 2009.
APPROVED: November 2
PUBLISHED: November 3
APPROVED:
Pa
2009.
2009.
ATTEST:
illage Clerk
F:\docs\clients\103\1001\ORD\00060025.DOC
3
•
Village President
r < �
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, November 2nd , 2009 the Corporate
Authorities of the Village passed and approved
Ordinance No. 2009 -70, AN ORDINANCE
AMENDING TITLE 10, VEHICLES AND
TRAFFIC,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. 2009 -70,
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing on November
3rd, 2009 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 3rd day of
November, 2009.
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10/7/2009
ORDINANCE NO. 2009- 70
An Ordinance Amending Title 10, Vehicles and Traffic, 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.2. of Section BG -4 -105 of the Buffalo Grove Municipal Code
is hereby amended to read as follows:
BG -4 -105
D.2. The Owner shall pay applicable towing and storage fees and thereupon must
take possession of his vehicle within 24 hours of payment. After payment of all
fees currently owed the Owner may subsequently request a hearing pursuant to
Section BG -4 -105 and Section BG -4 -106.
Section 3. Subsection B. of Section 10.20.010 of the Buffalo Grove Municipal Code is
hereby amended to read as follows:
10.20.010
B. Conduct Prohibited. A motor vehicle that is used in connection with any of the
following violations may be subject to seizure and impoundment by the Village,
and the owner of record of the vehicle shall be liable to the Village for an
administrative penalty of five hundred dollars plus any applicable towing and
storage fees:
1. Driving under the influence, as provided in Section BG- 11- 501(a) of the
Buffalo Grove Municipal Code or Section 5/11- 501(a) of the Illinois Vehicle Code
(625 ILCS 5/11- 501(a)); or
2. Driving with suspended or revoked license, as provided in Section BG -6 -303 of
he Buffalo Grove Municipal Code or Section 5/6 -303 of the Illinois Vehicle Code
(625 ILCS 5/6 -303), as a result of a conviction pursuant to Section 5/11- 501(a) of
the Illinois Vehicle Code or Section BG- 11- 501(a) of the Buffalo Grove Municipal
Code.
Section 4. Subsection C. of Section 10.20.010 of the Buffalo Grove Municipal Code is
hereby amended to read as follows:
10.20.010
C. Seizure and Impoundment.
1. Whenever a police officer has reason to believe, supported by probable cause or
in furtherance of the public safety or community caretaking function, that a vehicle
is subject to seizure and impoundment pursuant to this section, the police officer
shall provide for the towing of the vehicle to a facility approved by the Chief of
Police. This section shall not apply if the vehicle used in the violation was stolen at
that time and the theft was reported to the appropriate police authorities within
twenty -four hours after the theft was discovered or reasonably should have been
discovered.
2. The police officer shall notify any person identifying himself as the owner of the
vehicle or any person who is found to be in control of the vehicle at the time of the
alleged violation, if there is such a person, of the fact of the seizure and of the
vehicle owner's right to request an administrative hearing to be conducted under
this section.
Section 5. Subsection H. is added to Section 10.20.010 of the Buffalo Grove
Municipal Code, to read as follows:
H. Lienholder. A lienholder asserting its right to possession of an impounded
vehicle pursuant to its conditional sales agreement may obtain possession of such
vehicle by paying the applicable administrative penalty, and towing and storage
fees and submitting a photocopy of the conditional sales agreement and title
certificate, an affidavit stating that the purchaser is in default of the agreement and
an indemnification certificate executed by an authorized agent of the lienholder.
Section 6. 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 7. This ordinance shall be effective upon its passage, approval and publication.
This ordinance may be published in pamphlet form.
AYES: 6 - Braiman, Glover, Berman, Trilling, Stone, Sussman
NAYES: 0 - None
ABSENT: 0 - None
PASSED: November 2 , 2009.
APPROVED: November 2
2009.
PUBLISHED: November 3 , 2009.
APPROVED:
2
Village President
ATTEST:
. <ia,A-Qc,tiv --
illage Clerk
F:\docs\clients\103\1001\ORD\00060025.DOC