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TO: Mayor Richard C. Irvin and City Council
FROM: Assistant Corporation Counsel Deborah Lang
Aurora Police Department
DATE: July 16, 2020
SUBJECT:
An Ordinance amending Chapter 36-58 pertaining to the hearing process for violations of the City's rules regarding alarm systems.
PURPOSE:
The purpose of this amendment is to update the hearing process language to coordinate with the recent updates to Chapter 3.
BACKGROUND:
Chapter 3 recently was created to consolidate conflicting language on administrative hearing procedures. The process in Chapter 36 was outdated and did not reflect current practices with the administrative hearing processes in the City.
DISCUSSION:
Amending the language of Chapter 36-58 to the drafted language, will allow for the police department to utilize the hearing process through the Law Department. The current language used in that section was outdated and no longer used. This new amendment will provide a streamlined process for both the police department, law department and petitioners.
IMPACT STATEMENT:
This amendment will update the language of the ordinance and provide a streamline process established in chapter 3 of the Code. The police department will be able to utilize the process already established, thus streamlining the process and saving staff time.
RECOMMENDATIONS:
We request that the recommended amendment to Sec. 36-58 is approved.
cc: Rules, Administration and Procedures Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance amending Section 36-58 of the Code of Ordinances, City of Aurora, pertaining to the adjudication of alarm system violations.
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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 to amend Section 36-58 of the Code of Ordinances, City of Aurora ("City Code") to conform to recent changes in the City's Administrative hearing process adopted pursuant O20-032; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Section 36-58 of the City Code shall be and hereby is amended 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.