An Ordinance Amending Chapter 43 of the Village Code of Ordinances (Fee Schedule)-Police Department Fees
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WHEREAS, the Village of Romeoville has heretofore adopted certain ordinances now codified as and for Chapter 43 of the Village Code of Ordinances and as other provisions of the Village Code of Ordinances setting forth and establishing various fees and charges for licenses, permits, approvals and the like; and
WHEREAS, after Village staff review, it has been determined that certain of the fees and charges and provisions set forth therein are in need of revision, and specifically that the provisions of Section 43.02B pertaining to existing Police Department fees are in need of revision; and
WHEREAS, Section 43.02B requires amendment by the establishment and addition of an administrative fee to be imposed in cases where the Romeoville Police Department or any sworn officer thereof has probable cause to believe that a motor vehicle has been driven or operated within the corporate limits of the Village in the commission of the criminal offense of leaving the scene of an accident in violation of 625 ILCS 5/11-402; and
WHEREAS, leaving the scene of an accident in violation of 625 ILCS 5/11-402 is a Class A misdemeanor requiring a driver’s license suspension for the first conviction in the event that the underlying accident involves damage to any vehicle involved in the accident in excess of $1,000.00; and
WHEREAS, the imposition of the administrative fee as herein contemplated is necessary due to the increase in violations of 625 ILCS 5/11-402 that has been encountered by the Romeoville Police Department; and
WHEREAS, the Romeoville Police Department has averaged over 180 cases annually of leaving the scene of an accident in violation of 625 ILCS 5/11-402 during the years 2023 through 2025, a rate that is approximately 60 percent over the national average of such cases; and
WHEREAS, to date in 2026, the Romeoville Police Department is again on pace to experience over 180 cases of leaving the scene of an accident; and
WHEREAS, the Romeoville Police Department has additionally studied the personnel time and expense required to be expended on each case of leaving the scene of an accident in violation of 625 ILCS 5/11-402, and has determined that each occurrence of this offense on average requires the expenditure of 18.0 hours of personnel time from sworn officers as well as from clerical personnel, and that the total cost for the 18.0 hours of personnel time anticipated to be expended on a given case of leaving the scene of an accident in violation of 625 ILCS 5/11-402 is $787.00; and
WHEREAS, the tasks included within the 18.0 hours of personnel time required to be expended on each case of leaving the scene of an accident in violation of 625 ILCS 5/11-402 include the initial call for service, review of relevant evidence, conducting investigations and witness interviews, preparing reports, internal administrative review, clerical services, and officer court time; and;
WHEREAS, the increasing costs associated specifically with cases of leaving the scene of an accident in violation of 625 ILCS 5/11-402 occurring within the Village have placed increasing financial strain upon the Romeoville Police Department budget and ultimately on the residents and taxpayers of the Village; and
WHEREAS, the imposition of an administrative fee to reimburse the Village for personnel costs incurred by the Romeoville Police Department will help to alleviate at least a portion of the financial strain placed upon the Romeoville Police Department’s budget and on the taxpayers and residents of the Village by shifting some of the costs of a case of leaving the scene of an accident in violation of 625 ILCS 5/11-402 to the registered owner of the vehicle used in connection with the commission of the offense; and
WHEREAS, given that the registered owner of a motor vehicle is in the best position to control the use of that vehicle and to prevent the use of the vehicle in connection with the offense of leaving the scene of an accident in violation of 625 ILCS 5/11-402, the Village has determined that an administrative fee designed to recover a portion of the Village costs incurred in connection with such a case may appropriately be imposed upon the registered owner of the vehicle in question;
WHEREAS, the Village of Romeoville is a home rule municipal corporation under the Illinois Constitution of 1970 and adopts this ordinance in the exercise of its home rule authority, and to promote the general health, safety, morals and welfare of the Village and its residents.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS, THAT:
SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.
SECTION 2: AMENDMENT OF CHAPTER 43 OF VILLAGE CODE OF ORDINANCES. All those provisions of all heretofore adopted Village ordinances codified as Section 43.02B of the Village Fee Schedule-Police Department Fee Schedule shall hereby be amended to include the following additional text, to be codified as and for a new Section 43.02B(D):
§ 43.02B POLICE DEPARTMENT FEE SCHEDULE.
(D) There is hereby imposed an administrative fee of $750.00 on the registered owner of any motor vehicle used within the corporate limits of the Village that the Police Department or any sworn officer thereof has probable cause to believe was used on the commission of the offense of leaving the scene of an accident in violation of 625 ILCS 5/11-402. The identity of the registered owner shall be determined by the Police Department through the records of the Illinois Secretary of State. Upon such determination, such registered owner shall be served with a hearing notice in the form required by Section 42A.11 of the Village Code of Ordinances, which notice shall advise the registered owner of the imposition of the $750.00 administrative fee, that a hearing shall be held to sustain or overturn the imposition of the $750.00 administrative fee, and which shall otherwise set forth such information as is required by Section 42A.11 of the Village Code of Ordinances. The hearing and any other related proceedings shall be held in accordance with and subject to the provisions of Chapter 42A of the Village Code of Ordinances. In any such hearing, it shall be a defense to the imposition of the administrative fee that the vehicle in question had been stolen from the registered owner prior to the commission of the offense of leaving the scene of an accident in violation of 625 ILCS 5/11-402.
SECTION 3: SEVERABILITY. That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 4: CONFLICTS. All prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency, and upon such repeal the relevant substantive provisions thereof shall be deemed to be replaced with the relevant substantive provisions hereof.
SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its approval and publication in pamphlet form as provided by law.