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TO: Mayor Thomas J. Weisner
FROM: Alayne M. Weingartz
DATE: June 10, 2014
SUBJECT:
Ordinance Amending Article VI of Chapter 25 of the Aurora Code of Ordinances Entitled "Pawnbrokers and Secondhand Dealers"
PURPOSE:
To create a graduated penalty provision for violations of this Article.
BACKGROUND:
In June of 2011, the Pawnbroker and Secondhand Dealer license ordinances were updated, after exhaustive research by the Police Department, to utilize the LeadsOnLine system of reporting transactions in order to greatly minimize the ability of burglars, etc. to benefit from the sale of stolen goods and to provide our police with another effective tool in fighting these types of crimes. The original Ordinance called for the only penalty to be the revocation of the license to do business in the City of Aurora.
DISCUSSION:
As with all change, certain affected licensed businesses struggled somewhat with the new requirements put into place by the Ordinance amendments in 2011. The City worked with the businesses, in order to be as business-friendly as possible, and not only attempted to assist answering questions about the new system, but also allowed the penalty for the first offenses that were found to be revocation of the required $1,000 bond rather than outright revocation of the businesses' license to do business in Aurora. Violations went into the second round for several businesses, despite all attempts by the City to assist those businesses to be in compliance with the Ordinance requirements. After several meetings with representatives of certain of the licensees and key City staff including the Police Department, it was determined to be desirable that there be a graduated series of penalties leading up to revocation of the license, rather than revocation for the first violation thereof. The attached Ordinance amendment sets forth such a graduated penalty provision.
IMPACT STATEMENT:
The impact of this Ordinance amendment will be upon police officers in monitoring where the violator is in the number of violations of the Ordinance provisions and providing for the appropriate level of penalty based thereon.
RECOMMENDATIONS:
I recommend that this Ordinance amendment be presented to the Government Operations Committee for recommendation on to the full City Council for approval.
cc: Alderman Hart-Burns, Chairman
Alderman Johnson
Alderman Mesiacos
Alderman Mervine, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Amending Article VI of Chapter 25 of the Aurora Code of Ordinances Entitled "Pawnbrokers and Secondhand Dealers"
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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 desirable to amend the penalty provisions for a violation of Chapter 25, Article VI entitled "Pawnbrokers and Secondhand Dealers" to provide for a progressive penalty and hearing officer policy..
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Article VI of Chapter 25 of the Aurora Code of Ordinances be and is hereby amended as follows:
ARTICLE VI. PAWNBROKERS AND SECONDHAND DEALERS
DIVISION 1. GENERALLY
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Sec. 25-113. Electronic reporting of transactions.
The police department shall enter into a contract for service and maintain its contract for service with LeadsOnline, or a similar entity as designated by the chief of police, in order to enhance its investigative services to protect both pawnbrokers/secondhand dealers and members of the general public. In the event of a change to its electronic reporting system, the city will notify all impacted licensees of the change within a reasonable time prior to such change.
Every pawnbroker or secondhand dealer shall operate and maintain a computer system with internet access and photographic or video capability sufficient for the electronic reporting requirements described in this article. Any failure or malfunction of such equipment on the part of the licensee shall not exempt the licensee from the recording/reporting requirements outlined in section 25-114 of this article. The licensee shall immediately notify the police department of any such failure or malfunction, and shall have such resolved as soon as practicable. Failure by the licensee to resolve any failure or malfunction of equipment in a reasonable amount of time will shall lead to license revocation the imposition of penalties as provided in proceedings under section 25-138 of this article.
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DIVISION 2. LICENSE
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Sec. 25-138. Revocation.
It shall be the duty of the police chief to report to the city treasurer any failure to comply with any provision of this article on the part of any such licensee. The city treasurer shall then commence administrative hearing procedures to revoke the license of such person as provided in chapter 29, section 29-209, and shall engage the city's law department to represent the city's interests in seeking the revocation.
DIVISION 3. PENALTIES.
Sec. 25-139. Penalty provisions.
Unless otherwise specifically recited in a given section of this article, the penalty for violation of this article shall be revocation of licensure as follows:
1. First violation, a fine of not less than one thousand dollars ($1,000.00 and not more than two thousand five hundred dollars ($2.500.00);
2. Second violation, a fine of not less than two thousand dollars ($2,000.00) and not more than five thousand dollars ($5,000.00) and/or a suspension of license of not less than three (3) but not more than thirty (30) days;
3. Third violation, a suspension of license of not less than thirty (30) days, or revocation of license. a suspension of license of not less than three (3) but not more than thirty (30) days, or revocation of license.
Section 25-140. Administrative hearing.
Division 2.1 of Article 1 of the Illinois Municipal Code, 65 ILCS 5/1-2.1-1, et seq., is hereby adopted to provide for administrative adjudication of violations of this article. Any person issued a ticket, notice of violation or other citation under this article shall have the right to a hearing in front of the administrative hearing officer in accordance with the provisions of the above recited Municipal Code provisions, as well as the following, provided however that in the event of any conflict between the Municipal Code and the following provisions, the terms herein contained shall control:
Any person issued a ticket, notice of violation or other citation under this article shall have the right to seek a hearing in front of the administrative hearing officer subject to the following provisions:
(1) For purposes of this article, the administrative hearing officer shall be the hearing officer who holds administrative hearings involving violations of the city's property maintenance code under chapter 12 of this Code.
(2) Any person seeking a hearing by said hearing officer shall file a written request within fourteen (14) calendar days after receipt of the ticket, notice of violation or other citation. The written request must be received by the city's law department prior to the expiration of the fourteen-day period, or on the first date the law department is open for business after such period if the law department is closed on the fourteenth day. Mailing the request on such date is insufficient. If the request is not received during this time period, then the ticket/notice/citation shall become final and not subject to further review, and the city may proceed with collection of the fine or other such penalties as enumerated above.
(3) The written request shall state the reason(s) why the ticket is invalid and state the relief sought from the hearing officer. Upon receipt of the written request for hearing, tThe law department, upon notification of violation, shall promptly set a time and date for a hearing on the petition and shall notify the petitioner violator through personal service of the hearing date which service of notice shall be not less than seven fourteen (714) days prior to the date set for hearing. A hearing date may be continued by the hearing officer for good cause shown.
(4) At such hearing, the hearing officer shall give the petitioner violator an opportunity to be personally heard and to present witnesses and information relevant to the issue. The hearing officer shall also hear from the city and its witnesses and information relevant to the issue. Upon conclusion of the hearing, and after consideration of information presented, a decision shall be made by the hearing officer either canceling or affirming the ticket/notice/citation, and shall set the penalties as provided above.
(5) The decision of the hearing officer reached at the conclusion of such hearing shall be final. If applicable, the city may enforce such decision in any manner available by law or ordinance.
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 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.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
City Clerk Mayor