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TO: Mayor Richard C. Irvin
FROM: Deb Lang, Assistant Corporation Counsel
DATE: November 21, 2018
SUBJECT:
An Ordinance Amending Chapter 46 of the City of Aurora Code of Ordinances entitled "Towing Services".
BACKGROUND:
Chapter 46 of the City of Aurora Code of Ordinances governs the Aurora Police Department's ability to keep and maintain a "Tow Rotation List" for use in the event of an accident, removal of an illegally parked or abandoned motor vehicle or one that may be obstructing traffic or snow removal operations. In order of a company to be eligible to appear on the "Tow List", it must meet a number of State and local regulations. The purpose of amending Chapter 46 is to bring the City of Aurora's "Tow Rotation List" obligations as spelled out in the code in line with the State requirements and update the fee structure. The code was last amended in 2009.
DISCUSSION:
Currently, Chapter 46 is not in line with State Law as it pertains to towing, the purpose of these proposed amendments are to remove any outdated language and update the section to comply with the current State statutes. The areas with the most significant changes are:
46-4: Tow Rotation Lists (Updated language)
46-5: Eligibility (Updated language and insurance requirements)
46-27: Insurance (Updated requirements)
In addition, all fees have been removed from Chapter 46 and will be put forth via separate resolution for approval. This will streamline the process to update fees on a more regular basis going forward.
IMPACT STATEMENT:
The amendments to Chapter 46 will improve the process for tow operators to work with the Aurora Police Department as a member of the Approved Tow Operator List.
RECOMMENDATIONS:
It is respectfully requested this Ordinance Amendment be moved forward for review by the full City Council at an upcoming Committee of the Whole Meeting.
cc: Special Ordinance Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Chapter 46 of the City of Aurora Code of Ordinances entitled "Towing Services".
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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, in furtherance of its home rule powers, it is necessary and desirable for the City of Aurora to amend its ordinances regarding Towing Services.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Chapter 46 of the City of Aurora Code of Ordinances shall be and hereby is amended as set forth in Exhibit A:
Section Two: That this ordinance shall become effective January 1, 2019.
Section Three: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Four: That any section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining sections or provisions which shall remain in full force and effect thereafter.