G-1054 - 07/14/2015 - AGREEMENT - Ordinances Supporting Documents ITEM 7.13.9)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
July 14,2015
SUBJECT: Law Enforcement Agreement with Oak Brook Park District
FROM: James R. Kruger,Chief of Police
BUDGET SOURCE/BUDGET IMPACT: None
RECOMMENDED MOTION: Move to approve Ordinance 2015-PD-OF-OBPKD-G-1054
an ordinance amending Chapter 1 (Powers and Duties) of Title 3(Public Safety)of the
Village Code of the Village of Oak Brook in relation to the Oak Brook Park District.
Backeround/History:
The Village and the Oak Brook Park District entered into an Intergovernmental Agreement
between the Village of Oak Brook and the Oak Brook Park District regarding policing of Park
Property dated June 14, 1994. This agreement in effect named the Oak Brook Police Department
the Park District Police for the purposes of enforcement of park district ordinances. However,
the Village never codified the agreement into the Village Code. This fact was discovered when a
park district parking citation,written by a village police officer was dismissed by our
adjudication hearing officer. This ordinance amendment corrects that omission.
Recommendation:
Request the Village Board approve the attached ordinance codifying the agreement with the Oak
Brook Park District to enforce park district ordinances upon park district property within the
corporate boundaries of the Village of Oak Brook.
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Last printed 7/7/2015 4:39 PM
Oak Brook PARR DISTRICT RESOLUTION APPROVING
INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE
OF Oak Brook AND THE Oak Brook PARR DISTRICT REGARDING
POLICE PATROL OF PARR PROPERTY
WHEREAS, the Oak Brook Park District desires to have the Oak
Brook Village Police enforce park rules on park property, and
whereas the Village of Oak Brook has indicated by approval of the
subject Intergovernmental Agreement, its agreement to enforce the
park rules of the Oak Brook Park District.
NOW, THEREFORE, BE IT RESOLVED by the Board of Park {
Commissioners of the Oak Brook Park District, Oak Brook, DuPage
County, Illinois, as follows.,
1. The Oak Brook Park District board of Park Commissioners
hereby approves on behalf of the Oak Brook Park District that
Intergovernmental Agreement between the Village of Oak Brook and
the oak Brook Park District regarding police patrol of park
property, a copy of which is attached hereto, incorporated here as
Exhibit A, and agrees to the terms and conditions there and set
forth.
2 . The President and Secretary of the Oak Brook Park District
Board of Park Commissioners are hereby authorized and directed to
execute said Intergovernmental Agreement on behalf of the Oak Brook
Park District.
3 . That the Intergovernmental Agreement herein approves,
supersedes and replaces any other Intergovernmental Agreements
concerning Police enforcement of park rules on park property, and
any ordinances or resolutions or any parts of ordinances or
resolutions that in any way conflict with this resolution are
hereby repealed.
Approved this 11th day of July 1994.
Ayes: John Lindquist, Frank Madda, Michael Martin & John O'$rien.
Nayes: .,done
Absent: John O'Shea
r �
resident, Board of P k Commissioners
of the Oak Brook Park District
Attu
Secrdtar , Board of Park Commissioners
of the ak Brook Park District
1
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE VILLAGE OF OAK BROOK AND THE OAK BROOK
PARR DISTRICT REGARDING POLICING OF PARK PROPERTY
THIS AGREEMENT is entered into by and between the OAK BROOK
PARK DISTRICT (hereinafter referred to as the "District") and the
VILLAGE OF OAK BROOK (hereinafter referred to as the "Village") ,
both municipal corporations located in the Counties of Cook and
DuPage, State of Illinois;
W I T N E S S T R:
WHEREAS, the Illinois Constitution provides that units of
local government and school districts may contract to share
services through intergovernmental agreements, Ill.Const. , Art.
VII, §10 (1970) ; and
WHEREAS, Illinois statutes provide that public agencies may
share powers through intergovernmental agreements, I1l.Rev.Stats.4
ch. 127, §173 (19B9) ; and
WHEREAS, the District desires that its laws, ordinances, rules
and regulations be enforced by the Village within its parks,
grounds and facilities; and
WHEREAS, the Village operates a police force including police
officers and required vehicles and equipment; and
WHEREAS, the Village has determined that it is feasible and
appropriate that its police officers enforce the laws, ordinances,
rules and regulations of the District within its parks, grounds and
facilities within the corporate limits only of the Village; and
WHEREAS, the Village and the District wish to associate,
cooperate and share services to achieve the goals and objectives
expressed herein and to enter into an intergovernmental agreement
that so provides,
NOW, THEREFORE, in consideration of the mutual agreements and
covenants contained in this Agreement, the District and the Village
agree as follows:
Seg ion 1: Village police officers shall be authorized at all
times to enforce the laws, ordinances, rules and regulations of the
District upon the parks, grounds and facilities of the District
within the corporate limits of the Village and to sign and file
complaints for any violation thereof. Under this provision, no
Village police officers, vehicles or equipment shall be
specifically designated for park patrol, but rather in the normal
course of patrol and on call, the Village police officers shall so
enforce the laws in the parks, grounds and facilities of the
District. The District shall make no payment to the Village for
the enforcement services as set out in this Section.
2
Section 2: The police officers of the Village shall remain
under the command of the Village's Chief of Police at all times.
Section 3 : This Agreement shall not be construed as to limit
in any way the authority or ability of the police officers of the
Village to enforce the laws of the Village, State of Illinois and
United States as otherwise authorized by applicable law, either on
or off of the property of the District.
segtion 4 : Members of the Village Police Department, acting
hereunder to enforce the laws on District property, shall be
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conservators of the peace within and upon such parks and property I
controlled by the District and shall have the power to make arrests
on view of the offense, or upon warrants, for violation of any of
the laws, rules or ordinances of the District, or for any breach of j
the peace, in the same manner as police in cities or villages
organized and existing under the general laws of the State of
Illinois.
Section 5: The prosecutor for the Village shall prosecute any
citation written by a police officer alleging violation of a
District law, ordinance, rule or regulation, and is hereby
authorized to represent the District with reference thereto. The
District shall pay the prosecutor for the prosecutor's service
hereunder. The District shall pay over all fines and revenue
collected hereunder to the Village within 30 days of receipt
3
thereof, it being the agreement of the parties that such revenues
will help reimburse the Village for the expense it incurs
hereunder.
section 6: (a) The District shall protect, indemnify, save,
defend and hold forever harmless the Village and/or its officers,
employees and agents from and against all liabilities, obligations,
claims, damages, penalties, causes of action, costs and expenses,
including without limitation court costs, insurance deductibles and
attorney's fees and expenses, which the Village and/or its
officers, employees and agents may incur, suffer or sustain, or for
which the Village and/or its officers, employees and agents may
become obligated by reason for any accident, injury to or death of
persons or loss of or damage to property, or civil and/or
constitutional infringement of rights (specifically including
violations of the Federal Civil Right Statutes) , arising indirectly
or directly in connection with or under, or as a result of, this
Agreement 1) solely by virtue of any act or omission of any of the
Park District's officers, employees and/or agents, or 2) by virtue
of any joint act and/or joint omission of the police officers of
the Village and the District.
(b) The District shall not protect, indemnify, save, defend
and hold forever harmless the Village and/or its officers,
employees and agents from and against all liabilities, obligations,
claims, damages, penalties, causes of action, costs and expenses,
4
including without limitation court costs, insurance deductibles and
attorney's fees and expenses, which the Village and/or its
officers, employees and agents may incur, suffer or sustain, or for
which the Village and/or its officers, employees and agents may
become obligated by reason for any accident, injury to or death of
persons or loss of or damage to property, or civil and/or
constitutional infringement of rights (specifically including
violations of the Federal Civil Right statutes) , arising indirectly
or directly in connection with or under, or as a result of, this
Agreement solely by virtue of any act and/or omission of any of the
Village's officers, employees and/or agents.
Section 7: If any of this Agreement is held to be invalid for
any reason, such invalidation shall not render invalid other
provisions of this Agreement which can be given effect without the
invalid provision.
Section 8: This Agreement shall be effective when executed by
the District and Village. Unless otherwise terminated by either
party, the Agreement shall be effective for a term of one .(1) year
and be automatically renewed for successive terms of one (1) year
i
each unless either party notifies the other in writing of non-
renewal at least ninety (90) days before the end of the applicable
term.
5
Section 9: Either party hereto may terminate this Agreement
for any violation of its terms by providing the offending party
within thirty (30) days advance written notice. Either party
hereto may also terminate this Agreement for any reason or no
reason at all by giving the other party at least ninety (90) days
advance written notice.
SectiQn10: Any other agreement or agreements between the
parties hereto concerning the subjects hereof are terminated and
cancelled upon approval hereof, and this Agreement shall be the
only agreement between the parties regarding the subject matter
i
hereof.
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Section 11: Notice or other writings which any party is
s
required to, or may wish to, service upon any other party in �
connection with this Agreement shall be in writing and shall be
delivered personally or sent by registered or certified mail, i
i
return receipt requested, postage prepaid, addressed as follows:
(1) If to the Village or
Corporate Authorities:
Village President
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
With a copy to:
Richard Martens, Village Attorney
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
6
(2) If to the Park District:
Jon D. Summer, Executive Director
Oak Brook Park District
1300 Forest Gate Road
Oak Brook, Illinois 60521
With a copy to:
Kenneth T. Kubiesa, Esq.
Kubiesa, Power & Adams, Ltd.
Two TransAm Plaza Drive
Suite 370
Oakbrook Terrace, IL 60181
or to such other address as any party may from time to time
designate in a written notice to the other parties.
Section 12: This Agreement shall be construed in accordance .
with the laws and constitution of the State of Illinois.
IN WITNESS WHEREOF, the undersigned governments have caused
this Agreement to be duly executed this /y�" day of
1994,
VILLAGE OF OAK BROOK, a
municipal corporation,
By.
ATTEST: 4V0a'tje Presiden
BY:.
la e clerk
OAK BROOK PARK DISTRICT, a
municipal corporation,
n
Z i�dn4L__
ATTEST• By!
By:
S(_'bre ary
7
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"), 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'j, 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'j; 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'l, 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;
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
e Village, and sign and file complaints for any violations thereof. in
accordance with, and pursuant to, that certain Intergovernmenta
Agreement Between the Village of Oak Brook and the Oak Brook Park
Park Property. dated June 14, 1994."
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:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk