G-1054 - 07/14/2015 - AGREEMENT - Ordinances ORDINANCE 2015-PD-OF-OBPKD-G-1054
AN ORDINANCE AMENDING TITLE 3 (PUBLIC SAFETY)
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
IN RELATION TO THE ENFORCEMENT OF
THE LAWS AND RULES OF THE OAK BROOK PARK DISTRICT
WHEREAS, the Village of Oak Brook, Illinois ("Village's, is a body politic and corporate,
organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and
WHEREAS, the Oak Brook Park District ("District'), is a body politic and corporate, organized
and existing pursuant to the Illinois Park District Code, 70 ILCS 1205/1-1 et seq.; and
WHEREAS, cooperation and sharing of powers between and among governmental agencies and
entities through intergovernmental agreements is authorized and encouraged by Article VII, Section 10 of
the Illinois Constitution of 1970 and by the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and
WHEREAS, the Village and the District entered in that certain Intergovernmental Agreement
Between the Village of Oak Brook and the Oak Brook Park District Regarding Policing of Park Property
dated June 14, 1994 ("Agreement"); and
WHEREAS, the Agreement authorizes and permits Village police officers to enforce the laws,
ordinance, rules and regulations of the District within the corporate limits of the Village and to sign and file
complaints for any violations thereof; and
WHEREAS, Section 3-1-5 of the "Village Code of the Village of Oak Brook, Illinois," as amended
("Village Code', provides the power and duties of the Village Police Department; and
WHEREAS, the President and Board of Trustees of the Village deem it advisable and in the best
interest and in furtherance of the general welfare of the citizens of the Village to amend Section 3-1-5 of
the Village Code to further clarify that the Village Police Department may enforce the laws, ordinance,
rules and regulations of the District in accordance with the Agreement;
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Powers and Duties of the Police Department. Section 3-1-5, entitled "Powers
and Duties," of Chapter 1, entitled Police Department, of Title 3, entitled "Public Safety," of the Village
Code is hereby amended further to read as follows:
"3-1-5: POWERS AND DUTIES:
A. Arrests: All police officers shall have power:
1. To arrest, with or without process, all persons who break the peace or
are found violating any provision of this code or other ordinance of
the village or any criminal law of the state;
Additions are bold and double-underlined; ;+ro ctrl Gk thre gI2
Ordinance 2015-PD-OF-OBPKD-G-1054
Amending Section 3-1-5 of the Village Code
Page 2 of 3
2. To commit arrested persons for examinations;
3. If necessary, to detain arrested persons in custody overnight or on
Sunday in the village jail or any other safe place, until they can be
brought before a magistrate or a judge for hearing or trial;
4. They shall have all the powers of constables as established by
common law.
B. Police As Witnesses: All officers making arrests shall attend as witnesses
before the court where the trial may be had, and shall procure all necessary
evidence in their power, and furnish a list of witnesses to the court; no village
officer or police officer shall be entitled to any witness fees to be taxed
against the village in any action for a violation of any provisions of this code
or other ordinance where the village is plaintiff.
C. Furnishing Bail Prohibited: No member of the police force shall become or
furnish bail for any person arrested for violation of any provisions of this code
or other ordinance of the village or of the criminal laws of the state.
D. Aiding Fire Department: It shall be the duty of the police force to aid the fire
department by giving alarms in case of fire and by clearing the streets or
grounds in the immediate vicinity of the fire, so that the members of the fire
department shall not be hindered or obstructed in the performance of their
duties.
E. Accidents; Reports: Each and every police officer of the village, whenever
any accident shall occur within the village limits of which he has or should
have notice or knowledge, shall record forthwith in writing the place, day and
nature of the accident, the hour of the day or night when it occurred, the
condition of the weather (and, if at night, whether cloudy, clear or moonlight
and whether the streetlamps nearby were or were not lighted), the name of
each person injured, the extent and nature of the injury suffered, the names
and residences of the principal witnesses and the name and residence of the
examining physician, if any. Said records shall be kept on file at the police
station, and where the village may be involved a copy of said record shall be
sent forthwith to the village attorney.
F Park District Rules: All officers may enforce the laws ordinance rules
and regulations of the Oak Brook Park District within the corporate limits of
the Village, and sign and file complaints for any violations thereof. i
accordance with, and pursuant to, that certain Intergovernmental
Agreement Between the Village of Oak Brook and the Oak Brook Park
District Regarding Policing of Park Property,dated June 14-192A."
Section 3: Severability. If any provision of this Ordinance or part hereof is held invalid by a
court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and
effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose
and intent of this Ordinance to the greatest extent permitted by applicable law.
Section 4: Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
Ordinance 2015-PD-OF-OBPKD-G-1054
Amending Section 3-1-5 of the Village Code
Page 3 of 3
APPROVED THIS 14th day of July, 2015.
Gopal G. Lalmalani
Village President
PASSED THIS 14th day of July, 2015.
Ayes: Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf
Nays: None
Absent: None
ATTEST:
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Charlotte K. Pruss
Village Clerk