Chapter 23 - Traffic
Division 11 - Penalty
SEC. 23.11-1 PENALTY FOR PARKING VIOLATIONS.
- Fines. In the event of a violation of SEC. 23.5-3,
Time Limit Parking the fine shall be not less than $10.00
or more than $50.00. The Town Treasurer may accept as settlement
$10.00 if paid within seven days following the time of the offense
shown on the ticket. Should such parking violations not be paid
by the offender on or before the seventh day following the date
of the offense as shown on the ticket, then in such event, the
Town Treasurer may accept as settlement $20.00 for each and
every violation. (Amended 7/5/78)(Amended 2/16/87)(Amended
10/16/89)(Amended 2/3/03)
In the event of a violation of any section of Division 5 - Parking Rules other than SEC. 5-3 or Section 5-12, the fine shall be not less than $10.00 or more than $50.00. The Town Treasurer may accept as settlement $20.00 if paid within seven days following the time of the offense shown on the ticket. In the event the fine is not paid by the offender on or before the seventh day following the date of the offense as shown on the ticket, then the Town Treasurer may accept as settlement $30.00 for each and every violation. (Amended 7/5/78)(Amended 2/16/87)(Amended 10/16/89)(Amended 2/3/03)(Amended 2/6/06 by Ord. No. 5049)
- License Suspension. In the event that a person has
10 or more violations of Town ordinances regarding the parking
or standing of vehicles and which remain unpaid after a judgment
in the Circuit Court in McLean County has been obtained, the
City Manager or his designee may cause a certified report of
the violations to be sent to the Secretary of State for the
purpose of suspending the violator's driver's license. The Town
shall send a notice of impending driver's license suspension
to the address recorded with the Secretary of State. (Amended
6/15/98 by Ord. No. 4532)
- Towing or Immobilization of Vehicle. In the event
that a violation remains unpaid for seven days after a request
for payment has been sent to the registered owner of the vehicle,
the City Manager may direct the Corporation Counsel to file
a legal action against the registered owner of the vehicle and
also cause a towing or immobilization notice to be sent to the
registered owner of the vehicle. The notice of towing or immobilization
shall state 1) that the car is subject to towing or immobilization
if the tickets remain unpaid; 2) that the car owner can challenge
the validity of the violations by appearing in court; 3) that
a failure to appear in court may result in a towing or immobilization
order being entered against the vehicle.
If the Corporation Counsel informs the City Manager that an owner of a vehicle failed to appear in court after receiving a notice of towing or immobilization, or that the owner of a vehicle appeared in court after receiving a notice of towing or immobilization, but has an unpaid judgment for parking violations which remains outstanding after attempts for voluntary payment have failed, the City Manager may issue an order of towing or immobilization of the vehicle. A copy of the order of towing or immobilization shall be sent to the vehicle owner.
An order of towing or immobilization of a vehicle shall authorize the Town, or its authorized agents, to immobilize or tow a vehicle wherever it may be found in the Town of Normal. The vehicle shall not be released from immobilization or storage until all parking violations fines, parking violation judgments including court costs, towing and storage fees, and an administrative fee of $100 are paid in full. In the event that a person seeks to challenge the validity of a tow or immobilization, that person shall post a cash bond to be held by the Town's Finance Director in an amount equal to all parking violations fines, parking violation judgments including court costs, towing fees, storage fees, and an administration fee of $100. The person challenging the validity of a tow or immobilization may appeal to the City Manager regarding all matters. The person challenging the validity of a tow or immobilization may also reinstate any pending court case to challenge the validity of a violation for which a judgment has not been entered. The City Manager, at the request of the person challenging the tow or immobilization, shall stay any hearing until the completion of court action regarding any violations for which a judgment has not been entered. The City Manager, or his designee, shall hold a hearing to determine if the towing or immobilization was proper. The City Manager may order a return of the bond money, or any portion thereof, to the vehicle owner, or may order the application of the bond money, or any portion thereof, to the appropriate fine, judgment, towing, or storage fee.(Entire SEC. 23.11-1 Amended 7/2/01 by Ord. No. 4735)
SEC. 23.11-2 GENERAL PENALTIES. In addition to the foregoing, any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with, or resisting or opposing the investigation or enforcement of any of the provisions of this Chapter, upon conviction thereof shall be punished by a fine of not less than Ten ($10.00) Dollars nor more than Five Hundred ($500.00) Dollars; provided however, that all actions seeking the imposition of fines only shall be filed as quasi-criminal actions subject to the provisions of the Illinois Civil Practice Act. A separate and distinct offense shall be regarded as committed each day upon which said person shall continue any such violation, or permit any such violation to exist after notification or knowledge of the existence thereof.(Amended 7/5/78)(Amended 7/2/01 by Ord. No. 4735)
SEC. 23.11-3 ARRESTS. Any person arrested for a violation of any provisions of this Chapter shall be released upon proper bail being furnished as required by law.
SEC. 23.11-4 PRIMA FACIE PROOF. The fact that an automobile which is illegally operated or parked is registered in the name of a person shall be considered prima facie proof that such person was in control of the automobile at the time of such violation.
