G-1075 - 04/26/2016 - POLICE DEPARTMENT - Ordinances ORDINANCE 2016-PD-PERMIT-G-1075
AN ORDINANCE AMENDING TITLE 4 OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK TO ESTABLISH
SPECIAL EVENT AND BLOCK PARTY REGULATIONS
WHEREAS, the Village of Oak Brook ("Village") is an Illinois non-home rule municipality
organized and operating under the Illinois Municipal Code (65 ILCS 5/1, et seq.) ("Code"); and
WHEREAS, the Code (65 ILCS 5/11-80-2) authorizes the Village to regulate the use of its streets,
rights-of-way, and property; and
WHEREAS, the Village President and Board of Trustees have determined that establishing
special event regulations and block party regulations will help the Village allocate its personnel and
resources to accommodate those events, when possible, without compromising the Village's ability to
provide essential public services to the community or unreasonably interfering with the use of Village
property; and
WHEREAS, the Village President and Board of Trustees have determined that it is in the best
interests of the Village, its residents, and its businesses to amend the Village Code in accordance with
this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS:
Section 1: Recitals. The foregoing recitals are incorporated as though fully set forth herein.
Section 2: Village Code Amended to add New Chapter. Title 4 of the Village Code of the Village
of Oak Brook is amended by adding the following new chapter, Chapter 12 (additions underlined):
Chapter 12
SPECIAL EVENTS
Section 4-12-1• LEGISLATIVE FINDINGS; STATEMENT OF POLICY
A. Legislative findings.
1. The Village Board finds that from time to time individuals and organizations host sponsor, or
conduct events that require the Village to provide special services.
2. The Village Board further finds that providing such special services affects the health, safety
and general welfare of the Village in that it requires the Village to reallocate its personnel, equipment
and property, imposes additional costs on the Village exposes the Village to additional liability,
interferes with the Village's normal operations and can interfere with the safe use of the Village' s
public ways and Village property.
3. The Village Board further finds that persons who fail to provide the Village with adequate
notice about their need for special services deprive the Village of the ability to plan for the allocation
i
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of its resources and thereby jeopardize the Village' s ability to provide for the public health, safety and
welfare and increase the Village' s operational costs.
B Statement of policy. It is therefore the policy of the Village that any person who holds,
sponsors or conducts an event that requires the Village to provide special services shall obtain a
Village permit and pay the Village's costs of providing such special services It is also the policy of the
Village that the allocation of the Village's resources and the setting of fees and charges for their use
for special events shall be done pursuant to content neutral standards and procedures.
Section 4-12-2: DEFINITIONS AND EXCLUSIONS
A. Special Event As used in this chapter, "special event" means an activity on Village property or
private property that is not sponsored in whole or in part by the Village and that requires the Village to
provide special services. An event organizer's use of any part of the Village of Oak Brook's name in
the event does not mean that the event is sponsored in whole or in part by the Village of Oak Brook
or that the event is in any way, an official Village event or endorsed or supported by the Village.
B. Special Services As used in this chapter, "special services," means the exclusive allocation of
Village resources including but not limited to Village personnel, equipment, rights-of-way or
Property, for use in coniunction with a specific event or activity, as requested by the host or sponsor
of the event as requested by or on behalf of any person attending the event or as determined to be
necessary by the Village to protect and promote the public health, safety and welfare. Special
services shall include but not be limited to any of the following: street closures; requiring police
officers to stop or reroute traffic: special police protection; stationing emergency vehicles at or in the
immediate vicinity of the event: exclusive use of Village streets as a staging area or for event
parking: additional street cleaning and garbage removal services: special signage such as
temporary no parking signs; the use of any Village building equipment or other property for any
purpose other than the normal daily operations of the Village; inspection and safety services
Performed by the Village including without limitation inspecting tents, stapes, trailers, and other
structures and equipment; and otherwise providing exclusive services.
C. Exclusions For purposes of this chapter, the following shall not be considered special events:
1. A governmental agency, including without limitation the Village, the Oak Brook Park District,
the Oak Brook Public Library, and public schools acting within the scope of its authority.
D. Village-sponsored or Village-co-sponsored events which have officially been approved by the
Village Board to be sponsored or co-sponsored by the Village. An event organizer's use of any part of
the Village of Oak Brook's name in the event does not mean that the event is sponsored in whole or
in part by the Village of Oak Brook or that the event is in any way, an official Village event or
endorsed or supported by the Village.
2. An activity or event that occurs outside the corporate limits of the Village, for which Village
personnel services and/or resources are provided pursuant to a mutual aid agreement, other
intergovernmental agreement or a custom and practice of intergovernmental cooperation in which
the participating municipalities do not charge the activity or event sponsor and do not charge each
other for services provided.
3. Funeral processions.
4. Peaceful assemblies on Village property or private property that do not obstruct the normal
flow of vehicular traffic obstruct the normal flow of pedestrian traffic, or require special services, and
involve fewer than 25 participants.
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5. Block parties which are regulated by Section 4-12-6 of this Code.
6. Other activities expressly authorized by Illinois or Federal law.
E. Village Equipment. As used in this chapter, the term "Village equipment" includes any vehicle
of any type that is owned leased or used by the Village and any equipment owned, leased or used
by the Village in providing firefighting police medical rescue water, electric or public works services.
F. Village Personnel As used in this chapter, the term "Village personnel" includes both full-time
and part-time employees of the Village employees of other municipalities who provide services to or
for the Village pursuant to a mutual aid or other intergovernmental cooperation agreement, and
independent contractors who provide services to or for the Village.
G. Village Property. As used in this chapter, the term "Village property" includes any and all real or
personal property owned leased or used by the Village and all public streets, sidewalks and rights-
of-way within the Village.
Section 4-12-3: PERMIT REQUIRED
No person or organization shall conduct a special event without first having obtained a special event
permit from the Village.
Section 4-12-4: PERMIT APPLICATION AND PROCESSING
A. Permit Application All applications for special event permits shall be delivered to the Village
Manager no less than ninety (90) days prior to the proposed special event.
B. Form and Content of Application. The application shall be in writing and shall be accompanied
by the application fee the certificate of insurance and the indemnification and hold harmless
agreement required by this chapter. The application shall provide the following information:
1. The name address day-time telephone number and if applicable, the e-mail address of the
person signing the application.
2. The name address day-time telephone number and if applicable, the e-mail address, pager
number and fax number of the authorized and responsible person or organization holding or
sponsoring the event.
30 A description of the special event including the street address of the event location, the date,
time and duration of the event.
4. The approximate number of persons expected to participate in the event and the basis on
which the estimate is made.
5. A description of the services Village personnel Village equipment and Village property which
the applicant requests the Village to provide including the applicant's estimate of the number and
type needed and the basis on which the estimate is made. Applicants should be aware that the
applicant's estimate is subject to review and modification by the Village and is not binding on the
Village.
6. A detailed description of all public rights-of-way and private streets for which the applicant
requests the Village to restrict or alter normal parking vehicular traffic or pedestrian traffic patterns
the nature of such restrictions or alterations and the basis. Applicants should be aware that the
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applicant's request is subject to review and modification by the Village and is not binding on the
Village.
7. A statement signed by the applicant either agreeing to pay all fees and meet all other
requirements of this chapter, or representing to the Village that the applicant is duly authorized to
make such agreement on behalf of the person or organization holding or sponsoring the special
event.
8. Such other and further information as the Village acting through its Village Manager or Chief
of Police or their designees may deem reasonably necessary in order to determine the nature and
extent of special services required for the special event.
C. Application Review Procedures.
1. All completed applications shall be processed on a first come first served basis. The Village
will approve an application deny an application or approve an application with conditions within
twenty one (21) days of receiving an application that complies with this Chapter. If an application is
deemed to be incomplete the Village will make and retain a copy of the incomplete application and
return the original to the applicant for completion before it is considered.
2. The Village Manager shall be responsible for promptly processing all complete applications
including conferring with department heads and applicants as necessary to implement the provisions
of this chapter, and when necessary, forwarding proposed applications to the Village Board with a
recommendation to approve approve with conditions or deny the application.
3. The Village Manager shall promptly distribute copies of the complete application for review to
the Chief of Police the Fire Chief, the Director of Public Works and Development Services and to the
head of any other department from which special services are requested or which may be impacted
as a result of the event specified in the application Each such department shall review the application
and evaluate the special services requested and shall report to the Village Manager, with a
recommendation that the requested special services be approved approved with conditions or
modifications or denied: provided that any recommended conditions, modifications or denial shall
comply with the standards and procedures of this Section 4-12-4.
4. Prior to denVing a special event permit application or granting a special event permit subject to
conditions or modifications the Village Manager or his or her designee shall confer with the applicant
and/or the responsible party to attempt to agree on terms under which the permit can be issued, which
may include but shall not be limited to considering other dates or locations for the event, having the
event' s sponsors or organizers obtain certain services from private vendors, or having the Village
provide other or additional special services.
D. Standards for Review and Issuance of Permits.
1. No special event permit application shall be denied for any grounds other than those set forth
in this section The basis for denial shall be stated in the Village's written denial notice.
2. No special event permit application shall be approved with conditions or modifications unless
such conditions and modifications are consistent with the provisions of this section and the conditions or
modifications as well as the basis therefor, are stated in the permit.
E Certificate of Insurance No Village personnel equipment property or service shall be provided
for a special event unless the applicant first provides the Village with a certificate of insurance, issued
by a company acceptable to the Village and authorized to do business in the state of Illinois. The
certificate of insurance shall be in an amount reasonably acceptable to the Village, as determined by
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the Village Manager, based on the nature and extent of Village resources requested for the special
event but in no event shall the amount be less than $2 million per occurrence for bodily iniury and
Property damage The certificate of insurance shall name the Village as an additional insured, using
the following language or in a form that the Village determines contains substantially similar
language: "The Village of Oak Brook its corporate authorities officers, officials, boards, commissions,
employees attorneys agents and representatives are made additional insured with respect to any
and all claims which arise out of or in any way related to, the operations of [describe special eventl
while present in the Village of Oak Brook." The certificate of insurance shall be accompanied by a
letter from the insurer stating that there are no outstanding claims against the policy.
F. Indemnification and Hold Harmless Agreement. The permit application shall be accompanied
by an indemnification agreement in which the applicant and/or sponsor of the special event agrees to
defend and hold the Village its officers employees and agents, harmless from any loss, damage,
expense claim and cost of every nature and kind whatsoever, including attorney's fees, arising out of
or in connection with applicant's use of the public property, public right-of-way, public equipment or
public personnel at during or in conjunction with the special event described in the permit. The duty
to indemnify and hold harmless under this section shall not apply to any injuries, claims, demands,
judgments damages losses or expenses arising out of or resulting from the negligence, misconduct
or breach of this chapter by the Village its officials officers employees, agents or representatives.
G. Reservation of Rights. To the extent permitted by law, the Village reserves the following
rights:
1 To reject any incomplete application and return the original application to the applicant for
completion In such an instance the Village will retain a copy of the incomplete application in its files
but will take no action until the complete application is received. To deny a permit if(j) the application
contains false information: (ii) the application is not fully completed and executed: (iii) the applicant
has not tendered the required application fee with the application or has not tendered the required
user fee indemnification agreement or insurance certificate as required by this chapter; (iv) the
applicant is not legally authorized or competent to bind the responsible party; (v) the responsible party
is not legally competent to contract or to sue and be sued or (vi) the applicant does not otherwise
comply with the terms of this chapter;
2. To deny a permit if the special event is for an activity that is illegal under federal, State or
Village law;
3. To order the cessation of the special event if the Village Manager determines that any of the
terms and conditions of the permit have been violated;
4. To order the cessation of the special event if the Village Manager determines that the
operation of the special event is creating a public nuisance or a hazardous condition, provided that
the event shall be allowed to resume upon the abatement of the nuisance or hazardous condition;
5. To deny a permit if the applicant responsible party or the person on whose behalf the
application is submitted (i) has an outstanding balance due from a prior special event: (H) has on prior
occasions damaged Village property and has not paid in full for such damage; NO has other
outstanding debts to the Village: (iv) has on prior occasions made material misrepresentations
regarding the nature and extent of special services required for a special event in the Village; or (v)
has violated the terms of a prior special event permit;
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6. To deny a permit if (i) the event will substantially or unnecessarily interfere with pedestrian or
vehicle traffic in the Village will interfere with access to the fire station or fire hydrants, or will interfere
with access to businesses or residences in the immediate vicinity of the event and (ii) there are not
available at the time of the proposed event sufficient Village resources to mitigate the disruption;
7. To deny a permit if (i) the special services required for the event will substantially or
unnecessarily interfere with police fire water, electric public works or other services to the Village as
a whole and (ii) there are not available at the time of the proposed event sufficient Village resources
to mitigate the disruption.
8. To deny a permit if (i) the proposed date and time for the special event conflicts with a
previously scheduled event and (ii) there are not available at the time of the proposed event sufficient
Village resources to provide services for both events without substantially or unnecessarily interfering
with police fire water, electric public works or other services to the Village as a whole;
9. To impose requirements conditions or restrictions for the conduct of the special event other
than or in addition to those provided in this chapter if the Village acting through its Village Board or
Village Manager, determines that such other or additional requirements, conditions or restrictions,
which shall be stated in the permit are necessary to protect the public health, safety or welfare; and
10. To refer an application to the Village Board for consideration if the request is also subject to
a provision of the Village Code that requires Village Board approval or if the Village Manager
determines that such consideration is warranted by the nature of the request or the type or extent of
Village resources required to accommodate the event.
H Authority of Village Manager. The Village Manager is authorized to waive or modify the
procedures waive insurance and indemnification requirements and reduce or waive fees in any of the
following instances:
1. If the Chief of Police determines that the event will have a minimal impact on public services
based on the event's size, location, and/or time ; and
2. If the Fire Chief determines that the event will require the presence of a single emergency
vehicle without removing that vehicle from normal service; or
3. If the Village Manager, the Chief of Police and the Fire Chief agree that the event has such a
minimal impact on the Village's services equipment or property that requiring an applicant to comply
with all of the requirements of this chapter would impose an undue burden on the applicant and that
the amount of the 10% administrative fee would be so low that it would not cover the Village's cost of
processing the application.
I Appeal to Village Board An applicant shall have the right to appeal the following decisions of the
Village Manager to the Village Board:
1. the denial of a permit;
2. the revocation of a permit;
3. the amount of the user fee or supplemental user fee.
The applicant shall notify the Village Manager of the appeal within seven (7) days after the decision
for which the appeal is sought and the Village Manager shall set the appeal on the agenda of the
next regularly scheduled Village Board meeting.
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J Compliance with Applicable Ordinances Regulations Conditions and Restrictions. All special
event permits issued pursuant to this chapter shall be conditioned upon the applicant's compliance
with all applicable ordinances of the Village and with any additional regulations, conditions or
restrictions set forth in the permit.
Section 4-12-5: FEES AND CHARGES
A Application processing fee The applicant shall pay a non-refundable application processing
fee of $35.00 at the time the special event permit application is filed. The application processing fee
shall not be credited against the user fee established in Section 4-12-5(D).
B Late Fee If the permit application is submitted between sixty (60) days and ninety (90) days
before the event a non-refundable late fee of $250.00 shall be added to the application processing
fee If a permit application is submitted between fifty nine (59) days and thirty (30) days before the
event a non-refundable late fee of $500.00 shall be added to the application processing fee. If a
permit application is submitted less than thirty (30) days before the event a non-refundable late fee of
$750.00 shall be added to application processing fee The late fees set forth in this Section 4-12-5(B)
shall not be credited against the user fees established in Section 4-12-5(D). The fees set forth in this
Section 4-12-5(B) shall not modify, restrict or otherwise limit any remedies the village may seek for a
party's failure to submit an application in accordance with the timeframes set forth in Section 4-12-
4(A).
C Fee Deposit The applicant shall pay a fee deposit at least five (5) days before the special
event For special events that occur on an annual basis the deposit shall be equal to ten (10%) of the
total fee charged for the event in the prior year, or $1,000, whichever is less. In all other instances,
the fee deposit shall be the sum of the following amounts:
1 the charges set as provided in this Chapter for providing the detail or personnel requested by
the applicant or$250 whichever is less; and
2. the charges set as provided in this Chapter for providing the equipment requested by the
applicant or$250 whichever is less; and
3. the charges set as provided in this Chapter for the use of the Village property or rights-of-way
requested by the applicant or$250 whichever is less.
D User Fee Upon completion of the special event the Village shall prepare a detailed account
of all special services provided for the special event and shall set the final user fee using the rates,
fees and charges established as provided in this Chapter, plus a ten (10%) percent nonrefundable
administrative fee The Village shall provide the authorized and responsible person identified in the
application with a copy of the detailed account of services and an invoice for the user fee, less the fee
deposit The balance of the user fee shall become due and payable immediately upon its receipt.
E Use of Village Personnel The rates charged for the use of Village personnel shall be fixed from
time to time by resolution of the Village Board.
F Use of Village Equipment The rates charged for the use of Village equipment shall be fixed
from time to time by resolution of the Village Board.
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G Use of Village Property or Rights-of-Way. The rates charged for the use of Village property
shall be at the rates set forth in this section based on the extent of interference with or disruption of
the normal use and operation of the Village property or right-of-way.
1. For any use of the public safety building public works building or utility facility at any time, or
for use of any other public building during regular business hours, the cost shall be one thousand
dollars ($1,000.00) per day.
2. For use of any public building other than the public safety building public works building or
utility facility outside of regular business hours the cost shall be five hundred dollars ($500.00) per
day.
Section 4-12-6: BLOCK PARTIES
A. A block party involving temporarily closing a public street or other right-of-way shall be
considered a temporary use and not a special event. It shall be unlawful to conduct or attend any
block party unless a block party permit has been issued in accordance with this Section 4-12-6.
B. A person seeking to hold a block party must submit a block party permit application on forms
provided by the village and provide all information requested by the village, including, without
limitation:
1. Location of the block party.
2. Proposed block party date and proposed alternate date in case of inclement weather.
3. Hours during which the block party will be held.
4. Name, address, telephone number, and e-mail address of the permit applicant.
5. Signatures from at least seventy five (75%) of the residents residing on the block on which the
block party will occur consenting to the proposed block party.
6. A signed acknowledgement that the permit applicant is: i) is personally responsible and liable
for payment of any special services the village determines to be necessary for the block party; ii)
personally responsible and liable for any damage to village equipment and property, including
village barricades; and iii) will remove all refuse, litter, personal property, and village equipment
and property, including barricades, from the street upon the block party's conclusion.
7. A$35 application fee.
C. Block party permit applications must be submitted to the Village Manager's office at least seven
(7) days prior to the proposed block party date. The Village Manager or his designee(s) will review
the block party permit application to determine if the proposed block party will endanger the public
health, safety, or welfare, or unduly interfere with the flow of pedestrian or vehicle traffic. The
Village Manager is authorized to: i) approve a block party permit application; ii) approve a block
party permit application with conditions, including the provision of special services; or iii) deny a
block party permit application, and iv) otherwise interpret and administer this Section 4-12-6. The
Village Manager, using his sole discretion, may also refer any block party permit application to the
Village Board for consideration.
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D. Conditions.
1. No block party shall conclude later than 11:30 p.m.
2. The portion of the public right of way occupied by the block party will be delineated by
barricades provided by the Village. The permit applicant must remove the barricades from the
street at the conclusion of the block party.
3. No alcoholic liquor shall be sold at any block party.
4. The permit applicant is responsible for removing all litter, refuse, or personal property located
in the public right of way as a result of the block party.
5. The permit applicant will be responsible for any costs incurred by the Village for providing
special services for the block party, as that term is defined in Section 4-12-2.
6. The block party shall comply with all provisions of the Village's Code, rules, and regulations,
as amended.
E. Penalties. Any party that violates any provision of this Section 4-12-6 shall be subject to the
penalties set forth in Section 4-12-7
Section 4-12-7: VIOLATIONS AND PENALTIES
A. Penalties and Fines Any person who violates any provision of this chapter, who makes a false
statement in obtaining a permit under this chapter, or who violates any condition of any permit issued
under this chapter, shall be subject to a penalty of not less than one hundred ($100.00) dollars and
not more than seven hundred fifty($750.00) dollars per violation, and each day a violation exists shall
constitute a separate violation.
B. Revocation of Permit The Village Manager may revoke any permit issued pursuant to this
chapter, if any term or condition of the special event permit this chapter, applicable Village ordinance
or state law is violated The permit revocation shall not preclude the Village from seeking fines or
Pursuing any other available remedy for any such violation. The revocation may be appealed to the
Village Board in accordance with Section 4-124(1) of this Code.
C. Liability for Violations A permit holder shall be subject to penalties for a violation of this
chapter, or of a permit issued pursuant to this chapter, by any officer, director, manager, employee,
agent or representative of the permit holder as if the violation had been committed by the permit
holder personally. A person who hosts a special event shall be subject to penalties for violations of
this chapter by the sponsor of the event or by any officer, director, manager, employee, agent or
representative of the host or sponsor, as if the violation had been committed by the host personally.
D. Cumulative Remedies The remedies provided in this chapter, and in Section 1-3-1 of this
Code shall be cumulative and shall be in addition to the Village' s right to collect all fees that are
assessed under the provisions of this chapter.
Section 3: Superseder. In the event a conflict exists between the terms of this Ordinance and
any other ordinance of the Village, the terms of this Ordinance shall govern.
Section 4: Severability. If any provision of this Ordinance or part thereof is held invalid by a court
of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect,
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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 5: Effective Date. This Ordinance shall be in full force and effect from after its passage
and publication in pamphlet form, in accordance with law, and the provisions of the Village Code of the
Village of Oak Brook amended herein shall be reprinted with the changes.
l3
APPROVED THIS 26th day of April, 2016.
Gopal G. Lalmalani
Village President
PASSED THIS 26th day of April, 2016.
Ayes: Trustees Adler, Baar, Manzo, Mov, Yusuf
Nays: None
Absent: Trustee Tiesenga
ATTEST:
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' Charlotte K. Pruss
F Village Clerk
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