G-998 - 04/23/2013 - POLICE DEPT. - OrdinancesORDINANCE 2013- PD -OF- ADJUD -G -998
AN ORDINANCE AMENDING THE OAK BROOK VILLAGE CODE TO ALLOW FOR
VIOLATIONS OF THE VILLAGE TAXICAB REGULATIONS TO BE ADJUDICATED BEFORE
THE VILLAGE CODE HEARING DEPARTMENT
WHEREAS, pursuant to Section 1- 2.2 -10 of the Illinois Municipal Code, 65 ILCS 5/1- 2.2 -10
( "Municipal Code'), the Village has the authority to create a code hearing department to adjudicate
certain violations of the Village Code; and
WHEREAS, the Village created a code hearing department to provide for the fair and efficient
enforcement of Village ordinances and regulations; and
WHEREAS, the Village Board has determined that allowing for additional types of code violations
to be adjudicated before the Village's code hearing department will benefit Village residents by providing
an effective and efficient alternative to adjudicating code violations before the state circuit courts; and
WHEREAS, expanding the Village's authority to adjudicate certain types of ordinance violations
before the Village's code hearing department does not preclude the Village from adjudicating code
violations before the state circuit courts; and
WHEREAS, Section 11 -42-6 of the Municipal Code, 65 ILCS 5/11 -42-6, provides the Village the
authority to license, tax, and regulate taxicabs, and
WHEREAS, pursuant to the Municipal Code, the Village has adopted regulations and licensing
requirements for taxicabs operated within the Village in Chapter 2, of Title 4, of the Village Code of the
Village of Oak Brook, Illinois ( "Village Code', in order to protect the safety and welfare of the Village's
residents and those passing upon the Village's streets and ways (collectively, "Taxicab Regulations');
and
WHEREAS, the Village Board has determined that allowing persons charged with violating the
Taxicab Regulations the opportunity to have the violations adjudicated before the Village's code hearing
department instead of in court will better enable the Village to collect fines and avoid the costs of
adjudicating these violations in court, and will provide those cited for violating the Taxicab Regulations a
more efficient adjudication process; and
WHEREAS, the Village Board has determined that it will serve and be in the best interests of the
Village to amend the Village Code pursuant to this Ordinance;
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: Amendment to Section 1 -15-4 of the Village Code. Section 4, entitled "Violations
Subject to Administrative Adjudication" of Chapter 15, entitled "Code Hearing Department,' of Title 1,
entitled "Administration," of the Village Code shall be amended further, and shall read as follows:
"1 -15 -4: VIOLATIONS SUBJECT TO ADMINISTRATIVE ADJUDICATION:
Violations of this code subject to administrative adjudication under this chapter shall be:
Ordinance 2013- PD- TA- OF- ADJUD -G -998
Adjudication of Taxicab Regulations
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D. Those set forth in sections 6 -3 -1 through 6 -3 -7 of this code; and
E. Those set forth in sections 7 -1 -100 through 7 -1 -1431 of this code, including the
provisions of the Illinois vehicle code, 625 Illinois Compiled Statutes 5/1 et seq., that
are adopted into the village code by reference, for which a court appearance is not
required pursuant to Illinois supreme court rule 551, are not classified as traffic
violations governing the movement of vehicles, and are not reportable offenses under
section 6 -204 of the Illinois vehicle code, 625 Illinois Compiled Statutes 5/6 -204.; and
F. Those set forth in Chapter 2, entitled 'Taxicabs," of Title 4 of this code."
Section 3: Amendment to Section 4 -2 -13 of the Village Code. Section 13, entitled
"Penalties," of Chapter 2, entitled 'Taxicabs," of Title 4, entitled 'Business and License Regulations," of
the Village Code shall be amended further, and shall read as follows:
"4 -2 -13: PENALTIES
A. Penalties for violation of this chapter shall be a fine of not less than one hundred dollars
($100.00) nor more than seven hundred fifty dollars ($750.00
B. Notwithstanding the imposition of the fines aforesaid, any license issued pursuant to this
chapter shall be subject to suspension or revocation by the taxicab commissioner for the same
violation that resulted in the imposed fine.
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, 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 and after its
passage, approval, and publication in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2013- PD- TA- OF- ADJUD -G -998
Adjudication of Taxicab Regulations
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APPROVED THIS 23d day of April, 2013.
Gopal G. Lalmalani
Village President
PASSED THIS 23rd day of April, 2013.
Ayes: Trustees Aktipis. Manzo. Moy. Wolin. Yusuf. Zannis
#22958034_vl
ATTEST:
Charlotte K. Pruss
Village Clerk