G-752 - 07/27/2004 - OFFENSE - OrdinancesORDINANCE 2004 -TC- DUI -G -752
PAMPHLET
FRONT OF PAMPHLET
AN ORDINANCE REPEALING ORDINANCE 2004 -TC- DUI -G -745
(AN ORDINANCE AMENDING TITLE 7, CHAPTER 1
(MOTOR VEHICLES AND TRAFFIC) OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK, ILLINOIS (DUI PROSECUTION)]
AND RE- ESTABLISHING THE PROSECUTION OF DUI VIOLATIONS
BY THE DUPAGE COUNTY STATE'S ATTORNEY
PUBLISHED IN PAMPHLET FORM THIS 28th DAY OF July , 2004, BY ORDER OF THE
CORPORATE AUTHORITIES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES,
ILLINOIS
Village /
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4P\ 0 U N 1"I 1
ORDINANCE 2004 -TC- DUI -G -752
AN ORDINANCE REPEALING ORDINANCE 2004 -TC- DUI -G -745
[AN ORDINANCE AMENDING TITLE 7, CHAPTER 1
(MOTOR VEHICLES AND TRAFFIC) OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK, ILLINOIS (DUI PROSECUTION)]
AND RE- ESTABLISHING THE PROSECUTION OF DUI VIOLATIONS
BY THE DUPAGE COUNTY STATE'S ATTORNEY
WHEREAS, on March 23, 2004, the President and Board of Trustees of the Village of Oak Brook
(the "Village "), a non home rule municipality, enacted Ordinance 2004 -TC- DUI -G -745 [entitled, AN
ORDINANCE AMENDING TITLE 7, CHAPTER 1 (MOTOR VEHICLES AND TRAFFIC) OF THE VILLAGE
CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS (DUI PROSECUTION)] , which transferred the
responsibility for the prosecution of Driving Under the Influence ( "DUI ") violations from the Office of the
DuPage County State's Attorney to an "assistant prosecutor" who is appointed by the Village Prosecutor
and enacted certain related amendments to the Oak Brook Village Code, and
WHEREAS, the Illinois statutes allow the County State's Attorney to prosecute DUI traffic citations
written by local law enforcement officers based on the DUI offenses listed in the Illinois statutes, and
WHEREAS, the President and Board of Trustees of the Village of Oak Brook deem it advisable
and in the best interest and in furtherance of the health, welfare and safety of the Village residents,
property owners, business owners and the general public that Ordinance 2004 -TC- DUI -G -745 [entitled,
AN ORDINANCE AMENDING TITLE 7, CHAPTER 1 (MOTOR VEHICLES AND TRAFFIC) OF THE
VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS (DUI PROSECUTION)] in its entirety be
repealed so that all DUI offenses be prosecuted by the Offices of the DuPage County State's Attorney and
the Cook County State's Attorney
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 That each whereas paragraph set forth above is incorporated by reference into this
Section 1
Section 2 The President and Board of Trustees of the Village of Oak Brook approve the repeal of
Ordinance 2004 -TC- DUI -G -745 [entitled, AN ORDINANCE AMENDING TITLE 7, CHAPTER 1 (MOTOR
VEHICLES AND TRAFFIC) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS
(DUI PROSECUTION)] in its entirety, including the Code amendments to the Oak Brook Village Code
contained in Section 1 of said Ordinance
Section 3 The President and Board of Trustees of the Village of Oak Brook direct that all DUI
traffic citations written by Oak Brook police officers, based on the DUI offenses listed in the Illinois
statutes, be prosecuted by the Offices of the DuPage County State's Attorney and the Cook County
State's Attorney, as appropriate
Section 4 The President and Board of Trustees of the Village of Oak Brook direct the Village
Clerk to send certified copies of this Ordinance to the Offices of the DuPage County State's Attorney and
the Cook County State's Attorney by July 30, 2004
Section 5 All ordinances, or parts of ordinances, in conflict with the provisions of this Ordinance,
to the extent of such conflict, are repealed
Ordinance 2004 -TC- DUI -G -752
Repealing G -745, DUI Prosecutions
Page 2
Section 6 Each section, paragraph, clause and provision of this Ordinance is separable and if
any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder
of this Ordinance, nor any part thereof, other than that part affected by such decision
Section 7 Except as to the repeal of the Code amendments set forth above in this Ordinance, all
Chapters and Sections of the Oak Brook Village Code, as amended, shall remain in full force and effect
Section 8 That this ordinance shall be in full force and effect from and after its passage, approva
and publication as required by law
APPROVED THIS 27th day of July , 2004
Village Pr sident
PASSED THIS 27th day of July , 2004
Ayes Trustees Aktipis, Ca1ee1, Korin, Yusuf and Zannis
Nays 1 n -nP
Absent Trustee Crai
ATTEST
y
Village Clerk
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ORDINANCE 2004 -TC- DUI -G -752
PAMPHLET
BACK OF PAMPHLET
AN ORDINANCE REPEALING ORDINANCE 2004 -TC- DUI -G -745
[AN ORDINANCE AMENDING TITLE 7, CHAPTER 1
(MOTOR VEHICLES AND TRAFFIC) OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK, ILLINOIS (DUI PROSECUTION)]
AND RE- ESTABLISHING THE PROSECUTION OF DUI VIOLATIONS
BY THE DUPAGE COUNTY STATE'S ATTORNEY
PUBLISHED IN PAMPHLET FORM BY ORDER OF THE CORPORATE AUTHORITIES OF THE
VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS