G-979 - 09/11/2012 - POLICE DEPT. - OrdinancesORDINANCE 2012- PD -OF -G -979
AN ORDINANCE AMENDING THE OAK BROOK
VILLAGE CODE SECTIONS REGARDING
COMPLIANCE WARNING TICKETS AND PARKING FINES
WHEREAS, pursuant to Section 1- 2.2 -10 of the Illinois Municipal Code, 65 ILCS 5/1- 2.2 -10, the
Village has the authority to create a code hearing department to adjudicate certain violations of the
Village Code, and
WHEREAS, Sections 7 -1-401 and 7 -1 -1320 of the Village Code of the Village of Oak Brook,
Illinois ( "Village Code") allow persons who are issued compliance warning tickets and parking fines the
opportunity to quickly settle these violations to better enable the Village to collect fines and to avoid the
costs of having to adjudicate these citations either through the code hearing department or in the circuit
court; and
WHEREAS, to ensure compliance and conformance with all state laws, the Village Board has
determined that Section 7 -1-401 of the Village Code should be amended, and
WHEREAS, the Village purchased software from Municipal Systems, Inc. ( "MSIM) to administer
the enforcement of local ordinance violations including, but not limited to, vehicle parking violations
( "Software"), and
WHEREAS, Section 7 -1 -1320 of the Village Code provides for escalating fines for parking
violations based on the number of citations issued to a particular vehicle owner within a 12 -month period;
and
WHEREAS, the Software does not allow the Police Department to issue escalating parking fines;
and
WHEREAS, the Village Board has determined that it will serve and be in the best interests of the
Village to amend Section 7 -1 -1320 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 401, of Chapter 1, of Title 7 of the Village Code. Section
401, entitled "Alternative Penalties; Compliance Warning Tickets," of Chapter 1 of Title 7, entitled "Traffic
Code ", of the Village Code shall be amended as follows:
7- 1-401: ALTERNATIVE PENALTIES; COMPLIANCE WARNING TICKETS:
A. Any person, pursuant to the issuance of a compliance warning ticket, who is accused
of a violation of certain sections of this Title as hereinafter described may settle and
compromise that ticket by making a payment to the Village in the amount of seventy -five
dollars ($75.00) no later than thirty (30) days from the date that such alleged violation
was committed. Notwithstanding the foregoing, any fee paid pursuant to this section
shall be reduced to fifty dollars ($50.00) if the payment is made within ten (10) days from
the date that the compliance warning ticket is issued. This section 7 -1-401 shall not apply
to any offense for which a court appearance is required pursuant to Article 551 of the
Ordinance 2012- PD -OF -G -979
An Ordinance Amending Village Code Sections Regarding
Compliance Warning Tickets and Parking Fines
Page 2 of 3
Illinois Supreme Court Rules, that is classified as a violation governing the movement of
vehicles, is a reportable offense under Section 6 -204 of the Illinois Vehicle Code, 625
ILCS 5/6 -204, or is a violation of section 7 -1- 1301.1 of this code, titled Parking Spaces for
Persons with Disabilities."
Section 3: Amendment to Section 1320 of Chapter 1 of Title 7 of the Village Code. Section
7 -1 -1320, entitled 'Parking Fines" of Chapter 1, entitled 'Traffic Code ", of the Village Code shall be
amended further, and shall read as follows:
7-1 -1320: PARKING FINES:
A. The police department is authorized to place violation notices on every vehicle parked
in violation of this title and to cause summonses or warrants to be issued to commence
prosecution against violators, except that the police department need not cause such
proceedings to commence against any person for any violation of the provisions of this
title if such person renders payment to the Village in accordance with subsection B and C
of this section. If said payments are not made within thirty (30 days) from the date that
notice of the alleged violation is issued and in the amounts as prescribed in subsection B
and C of this section 7 -1 -1320, the police department is authorized to issue appropriate
summonses, warrants or notices to appear so as to commence proceedings either before
the Oak Brook code hearing department if authorized by section 1 -15-4 of this code, or in
the circuit court for the 18th judicial circuit, DuPage County, Illinois, and proceed with the
matter in the same manner as other violations of this title pursuant to the penalty
provisions set forth in the applicable section, or where no penalty is specifically set forth,
pursuant to the general penalty provisions of section 1 -3 -1 of this code.
B. Any person may settle and compromise a violation notice issued pursuant to section
7- 1 -1320A of this code by paying to the Village a fee of fifty dollars ($50.00) no later than
thirty (30) days from the date that the violation notice was issued. Notwithstanding the
foregoing, any payment made pursuant to this subsection B shall be reduced to twenty -
five dollars ($25.00) if the fee is paid no later than ten (10) days from the date that the
violation notice was issued. This subsection B shall not apply to any violation notice
issued for violating section 7 -1- 1301.1 of this code.
C. Any person, may settle and compromise a violation notice issued pursuant to section
7 -1- 1301.1 of this code by paying to the Village a fee of two hundred fifty dollars
($250.00) no later than thirty (30) days from the date that the violation notice was issued.
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.
APPROVED THIS 11th day of September, 2012.
Village President