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TO: Mayor Richard C. Irvin
FROM: Deborah Lang, Assistant Corporation Counsel and Aurora Police Department
DATE: February 24, 2021
SUBJECT:
Requesting approval to amend Chapter 27, Secs. 27-171 and 27-183 of the Code of Ordinances, City of Aurora.
PURPOSE:
Amending this ordinance will allow police cadets the ability to assist in removal of motor vehicles as necessary.
BACKGROUND:
The City's Code discusses the ability for police officers to authorize a tow of vehicles under the two sections. The state statutes regarding tows allow more than a police officer (or peace officer) the ability to remove a vehicle.
DISCUSSION:
The state statute allows "law enforcement agencies" the ability to remove vehicles from streets. Under the proposed amendments, the Aurora Police Department is requesting that police cadets are added to the ordinance to allow the cadets to authorize the removal of vehicles when in violation of Secs. 27-171 and 27-183.
IMPACT STATEMENT:
The impact of this amendment is minimal. Authorizing police cadets to arrange a tow of vehicles in violation of City ordinances will allow police officers to return back to the street to answer additional calls and have quicker response times on more pressing matters.
RECOMMENDATIONS:
The police department requests the proposed ordinance amending Chapter 27 be enacted.
cc: Rules, Administration and Procedure Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Amending Chapter 27, Sections 27-171 and Sec. 27-183 of the Code of Ordinances, City of Aurora.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, it is in the best interest for the City of Aurora to amend Chapter 27, Sections 27-171 and sections 27-183, to give police cadets the authority to tow vehicles when a violation of those sections occur; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the amendments to Chapter 27, Section 171 and Section 183, are hereby adopted as set forth in said "Exhibit A".
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That the City Clerk shall cause this Ordinance to be published in pamphlet form upon its passage.