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TO: Mayor Thomas J. Weisner
FROM: Blanca Dominguez, Asst. Corp. Counsel
DATE: Feb. 12, 2015
SUBJECT:
Amendment to the City of Aurora's Vehicle Seizure and Impoundment Ordinance found in Ch. 29, Articles II and II, Sections 29-20.1 and 29-48.
PURPOSE:
To amend the City's Vehicle Seizure and Impoundment Ordinance provision to avoid duplication and to more clearly set forth offenses and procedures governing impounded vechicles.
BACKGROUND:
The City's Vehicle Seizure and Impoundment Ordinance, as set forth in Sections 29.20.1 and 29-48 were initially enacted in 1992. The last amendment to these sections occurred in 2009.
In 2012, with subsequent amendments in 2013 and 2015, the General Assembly promulgated Section 11-208.7 of the Vehicle Code, allowing any county or municipality to provide, by ordinance, procedures for the release of properly impounded vehicles and for the imposition of an administrative fee of $500.00.
DISCUSSION:
Deleting Section 29-20.1 and amending Section 29-48 will serve to clarify what offenses can result in impoundment. In this way, law enforcement officers tasked with the enforcement of this ordinance will have a clearer understanding of what constitutes an eligible offense, resulting in a more effective manner of enforcing the ordinance.
Additionally, amending the City's ordinance to incorporate provisions set forth in Section 11-208.7 of the Vehicle Code will further the City's goal to more regulating the use of a vehicle in the commission of a listed offense. Since the State law closely resembles the City's current ordinance, only minimal revisions are required. By way of example, the State law requires notification of impoundment and right to a hearing be sent to a lienholder as well as owner of record and lessee.
IMPACT STATEMENT:
By revising the City's ordinance in the manner stated above, the City will further its objective of more clearly setting forth the offenses and procedures applic...
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