[1943 Code § 217.03]
Whenever any person is about to be confined in the Village Jail, it shall be the duty of the policeman placing such person in confinement thereof to search the person so to be confined and to remove from his custody all dangerous weapons, money or other valuables. The property so taken shall be kept in a place of safety by the keeper, and excepting dangerous weapons, shall be restored to the custody of the party from whom it was taken on his release or removal from jail.
[1943 Code § 217.06]
Upon the arrest of any person for a violation of any of the provisions of this Code or other ordinances of the Village, whether the arrest be by warrant or upon view, the person or officer making the arrest shall convey the body of the prisoner, without unnecessary delay, before the proper officer to be tried for the alleged offense, and in the event that no officer having jurisdiction of the offense can be found, the prisoner shall be confined in the jail provided by the Village, until such time as the proper officer having jurisdiction to try the offense can be found; provided however, that in no event shall the prisoner be held in the Village Jail longer than 48 hours without trial, except where a legal holiday falls on Monday, in which event the prisoner may be held 72 hours; and, provided further, that in the event the prisoner requests a continuance and is unable to furnish bond for his appearance at the trial, he shall be confined in the County Jail, until such time as he furnishes bond for his appearance at the trial or is discharged by the officer having jurisdiction of the offense, according to law.
[Ord. 2-3-1964, § 1; Ord., 1-22-1990, § 2; Ord. 96-04, 3-4-1996, § 1; Ord. 2011-11, 5-2-2011; Ord. 2019-20, 4-1-2019]
(a) 
Except as provided in Section 13-3C of this chapter, whenever in this Code or in any ordinance of the Village any act is prohibited or is made or declared to be unlawful or an offense, or whenever in this Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punished by a fine not exceeding $750. Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense.
(b) 
In addition to the imposition of a fine not to exceed $750 per offense, a penalty imposed for a violation, of this Code or of any ordinance, may include, or consist of, a requirement that the respondent or defendant do one or both of the following:
(1) 
Complete an education program, including, but not limited to, educational classes addressing issues associated with the offenses of or related to theft, alcohol or controlled substance abuse or offenses against the person or public order.
(2) 
Perform some reasonable public service work such as, but not limited to, picking up litter in public parks, maintenance of public facilities, volunteer work at nursing homes or homes for the aged, hospitals, public libraries, schools, or not for profit charitable institutions.
(c) 
The Village may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine or penalty or installment of that fine or penalty. In addition to the imposition of a fine not to exceed $750 per offense and the additional requirements set forth in Subsection (b) of this section, any fees or costs incurred by the Village with respect to attorneys or private collection agents retained by the Village under this section shall be charged to the offender.
[Ord. 2-3-1964, § 1]
The person upon whom any fine or penalty is imposed upon the order of the court or Magistrate before whom the conviction is had, may be committed to the County Jail as provided in 65 Illinois Compiled Statutes 5/11-3-2; provided, no imprisonment shall exceed six months for any one offense; and provided further, that the Chief of the Police Department, who is hereby made and designated ex officio keeper of the jail, shall care for all prisoners committed to such jail and shall put such person or persons so committed to work at whatever labor his strength permits, within and without the place of incarceration, not to exceed 10 hours each working day. The committed person shall be allowed, exclusive of his board, a credit of $5 for each day's work on account of the fine, penalty and costs.
[Ord. 89-24, 9-18-1989, § 1; Ord. 2002-45, 10-21-2002, § 1]
Any person, firm, corporation, partnership, trust or other entity who tenders to the Village a check or draft that is not honored by the payor bank on account of nonsufficient funds or for any other reason shall be charged a service fee by the Village in the amount of $25, in order to defer a portion of the expenses incurred by the Village in processing said dishonored check or draft.
[Ord. 1-22-1990, § 1; Ord. 2019-20, 4-1-2019]
Pursuant to 65 Illinois Compiled Statutes 5/1-2-9.1, in all actions for violation of this Code wherein the fine for said violation would not be in excess of $200 and no jail term could be imposed, service of summons may be certified mail, return receipt requested, whether service is to be within or without the State. The fine for any violation of this Code wherein service of summons has been made by certified mail, as described hereinabove, shall not exceed $200.
[Ord. 92-9, 7-6-1992, § 1; Ord. 2010-13, 8-2-2010, § 2; Ord. 2011-01, 1-3-2011]
(a) 
As used in this section, "compliance violation" means a violation of a Village of Elmwood Park regulation governing the condition or use of equipment on a motor vehicle or governing the display of the Village Wheel Tax license.
(b) 
Any person who is accused of a violation of certain sections of this Code pursuant to the issuance of a compliance violation, except a traffic offense for which a court appearance is required pursuant to Chapter 110A, Paragraph 551 of the Illinois Revised Statutes, may settle and compromise that violation by paying to the Village a $50 within 10 days from the date such alleged violation was committed or by paying to the Village the sum of $100 subsequent to said ten-day period and prior to 30 days thereafter.
(c) 
The issuance of compliance violation citations shall be as a courtesy in lieu of instituting a prosecution in the Circuit Court of Cook County or a notice of hearing before the Village Administrative Hearing Officer for the alleged offense. If the person accused of the compliance violation does not settle the claim, as provided in this section, a uniform traffic citation requiring the person to appear in the circuit court of Cook County will be issued or a notice of hearing to appear before the Village administrative hearing officer will be issued for that violation and otherwise that person shall be subject to the general penalties set forth in Section 32-1 of this Code, as adopted, for a violation proven.
(d) 
Violations of the following sections of the Illinois Vehicle Code[1], heretofore adopted and incorporated by reference by Section 32-1 of this Code shall be subject to the procedures described in Subsection (b) of this section:
Illinois Vehicle Code Section
3-112(b)
Failure to transfer title within 5 days.
3-401(a)
No valid registration - never applied.
3-404
No bill of lading or manifest/dispatch record.
3-411(a)
Failure to carry registration card or reciprocity permit - second division vehicle.
3-413(a)
Failure to display license plates.
3-413(b)
Improper display of license plates.
3-413(f)
Operation of vehicle with expired registration plate or sticker.
3-416
Failure to notify the secretary of state of name/address change.
3-417(a)
Failure to immediately apply for replacement registration card, plate or sticker.
3-701(1)
No valid registration - no valid plate or sticker obtained.
3-701(2)
No valid registration - reciprocity, prorate or apportionment.
5-201(h)
No in transit plates.
5-202(e)
Failure to display 3 tow truck plates.
11-1419.01
Failure to display Illinois motor fuel tax identification card.
11-1419.02
Failure to display external Illinois motor fuel tax identification device.
11-1507(a)
Operation of bicycle without lamp and reflector.
11-1507.1
Operation of motorized bicycle without lamp and reflector.
12-101(a)
Operation of vehicle with unsafe equipment.
12-201(b)
Driving vehicles without 2 lighted headlamps and taillamps when required.
12-201(c)
No white rear registration light.
12-202(a)
Failure to display amber lights.
12-202(b)
Insufficient clearance, identification or side 12-marker lamps and reflectors - second division vehicle.
12-203(a)
Failure to use parking lights while vehicle is standing on highway.
12-204
Improper lamp or flag on projecting load.
12-205
Improper use of lamps on towing and towed vehicles.
12-207(a)
Improper use or more than 1 spot lamp.
12-207(b)
Improper use or more than 3 auxiliary driving lamps.
12-208(a)
No stop signal lamp or device.
12-209(c)
Defective backup lights.
12-210(a)
Failure to dim headlights/auxiliary driving lamps within 500 feet on approach of vehicle.
12-210(b)
Failure to dim headlights/auxiliary driving lamps within 300 feet of vehicle in same direction.
12-211(a)
Improper lighting on vehicles other than motorcycles - only 1 headlamp.
12-211(b)
Improper use of more than 4 lighted headlights/auxiliary driving lamps.
12-212(a)
Improper use of red light visible from front of vehicle.
12-212(b)
Unlawful use of flashing lights.
12-215
Unlawful use of oscillating, rotating or flashing lights.
12-301
Use of defective brakes.
12-401
Unlawful use of metal studded tire.
12-405(d)
Use of unsafe tire.
12-501(a)
Operation of vehicle without windshield.
12-502
Operation of vehicle without rear reflecting mirror.
12-503(a)
Obstructed view of windshield or side windows adjacent to driver.
12-503(b)
Unlawful application of tinted film to windshield or window(s) adjacent to driver.
12-503(c)
Obstructed view of any window by stationary or suspended object(s).
12-503(d)
Operation of vehicle without windshield cleaning device; operation of vehicle with view obstructed by snow, ice or moisture.
12-503(e)
Obstructed view due to defective condition or repair of any window.
12-601(a)
Operation of vehicle with defective horn.
12-601(b)
Unlawful possession or use of siren.
12-602
Operation of vehicle with defective or modified exhaust system.
12-603(b)
Operation of vehicle without 2 front seat safety belts.
12-603.1
Failure of driver/front seat occupant(s) to use seat safety belt.
12-604.1(a)
Operation of vehicle with television receiver visible to driver.
12-606
Operation of tow truck without:
(a)
Identifying sign attached on each side;
(b)
Required equipment - 1 broom, shovel, trash can and fire extinguisher;
(c)
Removing roadway debris and spreading dirt or sand on oil/grease deposits;
(d)
Insurance policy in cab.
12-607(a)
Operation of vehicle with unlawfully altered vehicle suspension system - body lifted in excess of 3 inches from chassis.
12-607.1(a)
Operation of first division vehicle with frame in excess of 22 inches aboveground.
12-607.1(b)
Operation of second division vehicle with frame in excess of specified limits aboveground - refer to statute.
12-608(a)
Operation of vehicle with a gross vehicle weight rating (GVWR) of 9,000 pounds or less or a recreational vehicle without 2 bumpers.
12-608(b)
Operation of vehicle with unlawful bumper height.
12-610(a)
Operation of vehicle while wearing headset receiver.
12-702(a)
Operation of second division vehicle without carrying flares/warning devices.
12-702(c),(d), (e),(f),(g)
Failure to use flares/warning devices when second division vehicle is disabled.
12-707
Overload school bus, commuter van or motor vehicle used for hire.
12-711
Operation of garbage truck, roll-off hoist or roll-on container without audible backing warning system.
12-806
Failure to cover school bus sign.
12-808
Operating school bus without fire extinguisher.
12-809
Operating school bus without first aid kit.
12-810
Transporting handicapped passenger(s) without restraining device.
13-111
Operating without certificate of valid safety test attached to windshield - second division vehicle.
15-105
Load projecting in any excess behind left fenders or 6 inches beyond right fenders of first division vehicle.
15-106
Failure to fasten loose projecting member.
15-108
Failure to plank edge of pavement for any vehicle in excess of 8,000 pounds.
15-109(a)
Spilling load on highway.
15-109(b)
Operating loaded vehicle without securely fastened covering.
15-109.1
Operating second division vehicle with load falling, blowing or dropping to highway.
15-114
Unlawful pushing of disabled vehicle.
18C-4104(a)
Operating without registration - intrastate or interstate.
18C-4604(1)
Operating without current cab card and Illinois identifier stamp.
18C-4604(3)
Use of a cab card and Illinois identifier stamp issued to another carrier.
18C-4604(4)
Failure to display or present a cab card and Illinois identifier stamp.
18C-4701(1)
Operating without trade name, license and registration number of carrier painted or affixed to both doors of power unit.
[1]
Editor's Note: See 625 ILCS 5/1-100 et seq.
[Ord. 2-7-1966, § 1]
Whenever a police officer is authorized to arrest a person without a warrant because of a violation of an ordinance in respect of any of the following subjects:
(a) 
Meter parking,
(b) 
No parking zone,
(c) 
Two hour parking,
(d) 
Overnight truck parking,
(e) 
Repairing vehicle on street or alley,
(f) 
Racing engine on street or alley,
(g) 
Failure to display Village vehicle sticker,
(h) 
Parking within designated space,
(i) 
Loading zone,
(j) 
Dog license,
(k) 
Dog running at large,
(l) 
Smoke nuisance,
(m) 
Burning garbage,
(n) 
No business license,
(o) 
Posting business on front door,
such police officer may, in lieu of the filing of a complaint in court, in the first instance issue to such alleged violator, a citation:
(a)
Advising such person that he has violated a specified ordinance,
(b)
Requesting him to make payment in an amount applicable to such alleged violation as set forth in Section 13-8 of this chapter, as settlement of such violation claim, and
(c)
Informing him that upon failure to settle, a complaint will be filed in the circuit court of the county, charging him with such violation.
[Ord. 2-7-1966, § 1; Ord. 97-35, 10-20-1997, § 1]
Pursuant to such citation, the person so accused of such violation may settle and compromise the violation claim in respect of such ordinance violation by paying to the municipality the applicable amount as shown in the schedule set forth in Section 13-8 of this chapter, within a period to be specified in such citation, not more than seven days of the time such alleged offense was committed.
Such payment shall be made in accordance with the instructions contained in the aforesaid citation, at the office of the penalty clerk, who shall issue a receipt for the money so received and promptly remit such amount to the Finance Director to be credited to the proper municipal fund.
[Ord. 2-7-1966, § 1]
In the event that the person to whom such citation is issued fails to settle and pay such violation claim within the prescribed time, or within a period of time specified in a final notice (if one is served upon him), then the peace officer is authorized to cause a notice to appear to be served upon such alleged violator. Both the final notice (if one is served) and the notice to appear may be served by sending a copy thereof to the accused by certified or registered mail with a return receipt from the accused, a member of his family of the age of 10 years or upwards or his duly authorized agent. After the aforesaid service, the peace officer is authorized to file a complaint and to prosecute the same in the circuit court of the county.
[Ord. 2-7-1966, § 1]
The fact that an automobile or motor vehicle which is illegally operated or parked is registered with the secretary of state in the name of such alleged violator; or, in the alternative, in the event that a vehicle sticker issued by a municipality has been issued in the name of and to such alleged violator, shall be considered prima facie proof that such alleged violator was in control of or was the operator of the automobile or motor vehicle at the time of such alleged violation.
[Ord. 2-7-1966, § 1; Ord. 2-21-1977, § 1; Ord. 9-19-1977, § 1; Ord., 5-5-1980, § 1; Ord., 5-16-1988, § 1; Ord. 89-24, 9-18-1989, § 1; Ord. 2001-2, 2-5-2001, § 1; Ord. 2008-20, 7-21-2008, § 3; Ord. 2010-13, 8-2-2010, § 1; Ord. 2011-01, 1-3-2011]
The violation claimed, described in such citation so to be issued, pursuant to the terms of this article, may be settled, compromised and paid in the respective amounts set forth in the following schedules for payment prior to mailing the final notice and payment after mailing of a final notice.
(a) 
In the event that such payment is made prior to mailing, by the Village, of a final notice, the amounts set forth in schedule A shall be accepted as settlement of the violation. In the event payment is made after mailing, by the Village, of a final notice, the following amounts in schedule B shall be accepted as settlement:
Section
Violation
A
Payment Amount Prior To Final Notice
B
Payment Amount After Final Notice
5-8
Dog license
$30
$60
5-13
Dog running at large
$50
$100
23-1.1
Burning garbage
$100
$200
25-10
Smoke nuisances
$50
$100
32-1
(3-413(a))
Failure to display license plates
$50
$100
32-1
(3-413(b))
Improper display of license plates
$50
$100
32-1
(11-1303(a)(1)(a))
Double parking
$50
$100
32-1
(11-1303(a)(1)(b))
Parking on a sidewalk
$50
$100
32-1
(11-1303(a)(1)(c))
Parking within an intersection
$50
$100
32-1
(11-1303(a)(1)(d))
Parking on a crosswalk
$50
$100
32-1
(11-1303(a)(1)(1))
Parking a motor vehicle in a public parking area without current registration
$50
$100
32-1
(11-1303(a)(2)(b))
Parking within 15 feet of a fire hydrant
$100
$200
32-1
(11-1303(a)(2)(c))
Parking within 20 feet of a crosswalk at an intersection
$50
$100
32-1
(11-1303(a)(2)(d))
Parking within 30 feet of an approach to any flashing signal, stop sign, yield sign or traffic control signal located at the side of a roadway
$50
$100
32-1
(11-1304(a))
Improper parking of a motor vehicle upon a two-way roadway
$50
$100
32-1
(11-1304(b))
Improper parking of a motor vehicle upon a one-way roadway
$50
$100
32-2
Parking in a loading zone
$50
$100
32-4
No parking zone
$50
$100
32-4
2 hour parking zone
$50
$100
32-4A
Prohibited parking area
$50
$100
32-4B
Parking in alleys
$50
$100
32-4C
Parking within 3 feet of driveway entrance
$50
$100
32-4D
Unauthorized parking in a place reserved for persons with disabilities
$250
$350
32-12
Obstructing traffic
$50
$100
32-27
Prohibited parking of certain vehicles on Village or public streets in residential areas
$100
$200
32-28
Displaying motor vehicle for sale on public street or alley
$50
$100
32-28
Racing engine in street or alley
$50
$100
32-36
Failure to park in designated parking space
$50
$100
32-42
Meter parking
$50
$100
32-67
Failure to display Village vehicle sticker
$50
$100
39-13
Failure to post business license
$75
$150
42-2
No business license
$100
$200
(b) 
In the event a payment is not made within the time prescribed in the final notice and a notice to appear has been served and a complaint filed either in the circuit court of Cook County or a notice to appear and violation notice has been served for a hearing before the Village administrative hearing officer, payment of any fine and costs shall be in such amounts as may be determined and established by the circuit court of Cook County or the Village administrative hearing officer, as the case may be.
[Ord. 1-22-1990, § 3]
(a) 
These provisions shall provide a system of administrative adjudication as required by Paragraph 11-208.3 of the Illinois vehicle code in order to provide for fair and efficient enforcement of municipal parking regulations through administrative adjudication.
(b) 
These provisions shall not preclude the Village of Elmwood Park from adopting procedures pursuant to 625 Illinois Compiled Statutes 5/6-306.5 providing for the authority to file a certified report to the Illinois secretary of state upon a person's failure to satisfy any fine or penalty imposed by a final judgment from a court of law for 10 or more standing and/or parking violations.
In addition, notwithstanding any provision of this chapter, the Village of Elmwood Park may continue to prosecute in a court of law any person receiving less than 10 standing and/or parking violations.
(c) 
An individual to be named by the Village Manager shall serve as parking administrator and shall be authorized to adopt, distribute and process parking violation notices required, collect money paid as fines and penalties for violation of parking ordinances and shall operate the administrative adjudication system. The parking administrator also may make a certified report to the secretary of state.
(d) 
An individual to be named by the Village Manager shall serve as hearing officer and shall perform such duties as defined within this chapter.
[1-22-1990, § 3]
(a) 
Any employee of the Village authorized to issue vehicle parking and standing citations and who detects a violation of any section of this Code restricting or prohibiting parking or standing of motor vehicles shall issue a hang-on parking violation notice by either affixing it to an unlawfully parked vehicle or handing it to the operator of such vehicle if he or she is present.
(b) 
Police officers, auxiliary police officers, public service officers and deputy marshals shall be authorized to issue hang-on parking violation notices in accordance with the provisions set forth herein. Any person authorized to issue and serve parking violation notices shall certify as to the correctness of the facts entered on the parking violation notice by signing his or her name at the time of service.
[1-22-1990, § 3]
(a) 
A person receiving a citation for a parking violation may make an appearance in one of the following manners:
(1) 
By Payment Of The Fine Indicated On The Citation. Such payment shall be made by the deadline stated on the citation and shall operate as the final disposition of the violation; or
(2) 
By requesting a hearing on the merits of the parking violation in the time and manner specified on the hang-on notice and attendance at the hearing at the time, date and place specified by the parking administrator. The hearing shall be conducted in accordance with procedures set forth herein.
[1-22-1990, § 3]
(a) 
Failure to make an appearance shall result in additional notices of violation as indicated in this section being sent by first class mail to the registered owner of the cited vehicle at his or her address as recorded with the secretary of state or to the lessee of the cited vehicle at the last address known to the lessor of said vehicle at the time of the lease. Service of additional notices shall be complete as of the date of deposit in the Unites States mail.
(b) 
A second notice of violation shall be sent to the responsible party as set forth in Subsection (a) above upon the failure of the recipient of a hang-on parking violation to make an appearance as prescribed in Section 13-9-3. The recipient may appear by either paying the indicated fine and assessed penalty for late charges or by requesting a hearing on the merits of the citation in the time and manner specified on the second notice and attending such hearing at the time, date and place specified by the parking administrator. The second notice shall specify the date and location of the violation cited in the "hang-on" parking violation notice, the particular standing or parking regulation violated, the vehicle make and state registration number, the fine and any late penalty which may be assessed, the availability of a hearing in which the violation may be contested on its merits, and the time and manner in which such hearing may be had. The notice shall also state that failure either to pay the indicated fine and any applicable penalty, or to appear at a hearing on the merits, will result in a final determination of parking violation liability for the cited violation in the amount of fine or penalty indicated thereon, and that upon the occurrence of a final determination of parking violation liability for such failure, and the exhaustion of, or failure to exhaust, available administrative or judicial procedures for review, any unpaid fine or penalty will constitute a debt due and owing the municipality.
(c) 
A notice of final determination of parking violation liability shall be sent to the responsible party upon the failure to appear pursuant to the second notice of violation and after a final determination of parking liability has been rendered in accordance with Section 13-9-5. The recipient may appear by paying the fine and penalty within the time specified on the notice and shall be advised that failure to do so may result in the Village's filing of a petition in the circuit court to have the unpaid fine or penalty rendered a judgment as provided by Paragraph 11-208.3 of the Illinois Vehicle Code, and that proceedings to suspend his driver's license may be initiated pursuant to Chapter 95 1/2, Paragraph 6-306.5 of the Illinois Vehicle Code for failure to pay fines or penalties for 10 or more parking violations.
(d) 
A notice of impending drivers license suspension shall be sent to the person for whom a final determination of liability was rendered in accordance with this section on each of 10 or more unpaid parking violations. Failure to pay the fines and/or penalties owing within 45 days of the notice's date shall result in notification to the secretary of state of said person's eligibility for initiation of drivers license suspension proceedings. This notice shall be sent by first Class United States mail, postage prepaid, to the address recorded with the secretary of state.
[1-22-1990, § 3]
(a) 
A final determination of parking ticket violation liability shall occur following failure to pay the fine or penalty after a hearing officer's determination of parking violation liability and the parking administrator's denial of a petition to set aside the determination or expiration of the period for filing such petition without a filing having been made.
(b) 
A determination of parking ticket violation liability may be set aside by filing a petition with the parking administrator within 10 working days after the hearing officer's determination. Petitions shall specify the grounds on which a challenge is based and shall be limited to the following:
(1) 
The person owing the unpaid fine and/or penalty was neither the owner nor lessee of the cited vehicle(s) on the date or dates the parking violation notice was issued;
(2) 
The fine and/or penalty were paid for the parking violation in question; or
(3) 
Excusable failure to appear at or request a new date for a hearing.
(c) 
The parking administrator shall render a decision within 14 days of the petition's receipt and shall immediately notify the hearing officer and petitioner of such decision in writing sent to the petitioner by first class United States mail as provided in Subsection (d) of Section 13-9-4. If the petitioner has shown just cause, the parking administrator shall set aside the parking ticket violation liability determination.
(d) 
If the petition is granted and the determination of parking violation liability set aside, the registered owner or lessee shall be provided a hearing on the merits of the violation and shall be given notice of the time and manner in which it will take place.
[1-22-1990, § 3]
(a) 
The hang-on parking violation citation and the second notice of liability shall provide the alleged violator with the time and manner in which a hearing contesting the merits of the alleged violation shall be held. Neither formal nor technical rules of evidence shall apply. Such hearing shall be recorded and the person conducting the hearing on behalf of the parking administrator shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers. Persons appearing at such hearing may be represented by counsel at their own expense.
[1-22-1990, § 3]
(a) 
Upon failure to pay fines and penalties deemed due and owing after the exhaustion of administrative procedures set forth herein for 10 or more parking violations, the parking administrator shall make a certified report to the secretary of state stating that the owner of a registered vehicle has failed to pay any fine or penalty due and owing as a result of 10 or more violations of the Village's vehicular parking regulations and thereby cause the suspension of that person's drivers license. A copy of the certified report shall be sent to the registered owner.
(b) 
Persons may challenge the accuracy of the certified report by completing a form provided by the office of the parking administrator within 10 days after the date of the certified report and which specifies grounds on which such challenge is based. Grounds for challenge shall be limited to the following:
(1) 
The person was neither the owner nor lessee of the vehicle(s) receiving 10 or more parking violation notices on the date or dates such notices were issued; or
(2) 
The person has already paid the fine and penalty for the 10 or more violations indicated on the certified report.
(c) 
The parking administrator shall render a determination within 10 business days of receipt of the objection form and shall notify the objector thereof.
(d) 
The parking administrator shall take no further action if the fines and penalties due and owing are paid or upon determination that the inclusion of the person's name on the certified report was in error. At such time, the parking administrator shall submit to the secretary of state a notification which shall result in the halting of a driver's license suspension proceedings. The person named therein shall receive a certified copy of such notification upon request and at no charge.
[1-22-1990, § 3]
(a) 
Persons who are not residents of the Village of Elmwood Park may contest the merits of the alleged violation without attending a hearing as provided herein by submitting waiver of hearing and a notarized statement of facts specifying grounds for challenging the citation. Such documentation must be received by the parking administrator within the time for requesting a hearing.
(b) 
The hearing officer shall issue to the parking administrator a finding based on the statement of facts.
(c) 
The parking administrator shall notify the nonresident of the hearing officer's determination.
(d) 
In all other respects, the procedures set forth in this chapter shall apply to nonresidents.
[Ord. 1-22-1990, § 3]
Any further review shall be pursuant to the administrative review act.
[Ord. 2007-15, 6-16-2007, § 1; Ord. 2008-16, 6-16-2008, § 1; amended 7-3-2023 by Ord. No. 2023-49]
(a) 
The provisions of this section shall provide for a program of vehicle immobilization for the purpose of facilitating enforcement of vehicular standing, parking, compliance or automated traffic law regulations, and this program of vehicle immobilization shall provide for immobilizing any eligible vehicle found to be on the public way by the installation of a device of restraint to prevent the operation of said vehicle.
(b) 
Any vehicle shall be eligible for immobilization when, at the time of immobilization, the registered owner of said vehicle has accumulated 10 or more unpaid final determinations of parking, standing, compliance or automated traffic law violations, in accordance with this chapter or by a court of competent jurisdiction.
(c) 
At least 21 days prior to vehicle immobilization, a notice of impending vehicle immobilization and a right to a prompt hearing before the Village's Administrative Hearing Officer to challenge the validity of the notice of impending immobilization by disproving liability for unpaid final determinations of parking, standing, compliance or automated traffic law violations listed on the notice shall be sent to the vehicle's registered owner by first-class United States mail, postage prepaid, at the address of the registered owner recorded with the Secretary of State or, in the event that a vehicle bearing a registration number of a state other than the State of Illinois, at the address of the registered owner recorded in that state's registry of motor vehicles. The impending immobilization notice shall state the name and address of the registered owner, the state registration number of the vehicle, the nature of the ordinances violated and the numbers and issue dates of the outstanding violation notices. The notice shall also advise that a person may challenge the validity of the notice of impending vehicle immobilization by appearing in person on the date, time and location as set forth in the notice and submitting evidence which would conclusively disprove liability. Evidence shall be limited to the following: a) that the person was not the owner or lessee of the vehicle on the date or dates the notices of violations were issued; or b) that the fines or penalties for the violations cited in the notice were paid; or c) the vehicle or license plates were stolen at the time the parking, standing, compliance or automated traffic violations were issued; or d) the registered owner has not accumulated 10 or more violation notices which are unpaid, not adjudicated or for which no appearance has been filed.
(d) 
In the event the registered owner of the vehicle fails to challenge the validity of the notice in a timely manner, or fails to satisfy those fines and penalties determined to be due and owing, then the vehicle shall be immobilized.
(e) 
Upon immobilization of an eligible vehicle, a notice shall be affixed to the vehicle in a conspicuous place and such notice shall warn that the vehicle is immobilized and that any attempt to move the vehicle may result in damage to the vehicle. In addition, the notice shall also state that the unauthorized removal of or damage to the immobilizing restraint is a violation of Sections 16-1 and 21-1 of the Illinois Criminal Code of 2012.[1] The notice shall further provide information specifying how release of immobilizing restraint may be had and how the registered owner may obtain an immobilization hearing.
[1]
Editor's Note: See 720 ILCS 5/1-1 et seq.
(f) 
In the event the immobilizing restraint has not been released, as hereinafter provided, within 48 hours of its placement on the vehicle, then the restraint shall be released and the vehicle towed and impounded at the direction of the Chief of Police of the Village of Elmwood Park or his/her designee.
(g) 
Prior to a hearing on the validity of vehicle immobilization as hereinafter provided, the owner of an immobilized vehicle or other authorized person shall be permitted to secure the release of the vehicle by paying a deposit in an amount equal to the immobilization, towing and storage fees, if applicable, as hereinafter specified plus a bond in an amount equal to the total fines determined to be due and owing.
(h) 
Within 10 days after a vehicle has been immobilized or subsequently impounded, notice of impoundment shall be sent by United States certified mail, return receipt requested, and first-class United States mail, postage prepaid, to the registered owner of the vehicle. The notice of impoundment shall state that the owner has a right to a post-immobilization and post-towing hearing as hereinafter provided and that if the vehicle is not claimed within 30 days from the date of the notice, the vehicle may be sold or otherwise disposed of in accordance with applicable state law.
(i) 
The registered owner of an immobilized vehicle shall have the right to a prompt hearing before the Village's Administrative Hearing Officer to determine whether the immobilization or any subsequent towing was erroneous if he/she files a written demand for a hearing with the Village of Elmwood Park parking administrator within 14 days after issuance of the immobilization notice or within 14 days of the immobilization, whichever is later. Any such hearing requested shall be conducted at the next regularly scheduled administrative adjudication hearing, but not less than 48 hours from receipt of the written demand for hearing unless otherwise mutually agreed by the parties. Failure to request or attend a scheduled hearing shall be deemed a waiver of the right to a hearing. In the event of such failure, any amounts deposited pursuant to Subsection (g) of this section shall be forfeited. A hearing provided pursuant to this subsection shall not determine the validity of or otherwise adjudicate any citation or notice of parking, standing, compliance or automated traffic law violation issued relative to the immobilized vehicle. All such hearings pursuant to this section shall be recorded and all such decisions shall be reduced to writing.
(j) 
The fee for immobilization shall be $250. In addition thereto, the registered owner shall be responsible for all costs associated with towing subsequent to immobilization as well as any and all storage fees incurred. Notwithstanding anything to the contrary, no fee shall be assessed for immobilization, towing, or storage when such action has been determined to be erroneous, pursuant to Subsection (c) above.
(k) 
It shall be unlawful for any person to relocate or to tow any vehicle restrained by an immobilizing device without the prior approval of the parking administrator. Any person who relocates or otherwise moves an immobilized or attempts to remove an immobilization device vehicle in violation of the provisions of this section shall be fined in an amount not to exceed $750.
(l) 
Judicial review of final administrative decisions issued after hearings regarding vehicle immobilization and impoundment made under this chapter shall be subject to the provisions of the Administrative Review Law.[2] All such hearings shall be recorded and all such decisions shall be reduced to writing.
[2]
Editor's Note: See 735 ILCS 5/3-101 et seq.