G-789 - 01/10/2006 - PUBLIC WORKS - Ordinances Supporting DocumentsJ
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ITEM 10.11.2)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
January 10, 2006
SUBJECT: Penalties in Title 8 and 9
FROM: Kenneth T. Kubiesa, Village Attorney
BUDGET SOURCE /BUDGET IMPACT: None
RECOMMENDED MOTION: I move for passage of Ordinance G -789, An Ordinance
Amending Title 8 (Public Works) And Title 9 (Storm Water, Floodplain, And
Sedimentation And Erosion Control Regulations) Of The Village Code Of The Village Of
Oak Brook
Background /History:
This Ordinance amends Title 8 and Title 9 to change the time period to cure a default or violation
to two (2) days; also clarifies in Title 8 the reimbursement of cost provisions.
Recommendation:
I recommend that Ordinance G -789 be passed.
Last saved by Default J \ALL DOCS\BOARD MEMOS\PW Penalties doc
Last printed 1/5/2006 3 31 PM 0
10. B. 1) Trustee Aktipis asked Engineer Durfey about a flashing warning light eastward
on 31" Street and Spring Road. He asked staff to review the intersection.
Manager Boehm responded that since it was a County roadway, any requests
would have to be directed through them. He indicated that the County would be
contacted.
Motion by Trustee Yusuf, seconded by Trustee Sanford, for passage of Ordinance
G -793, An Ordinance Amending Chapter 2 (Traffic Schedules) of Title 7 (Motor
Vehicles and Traffic) of the Village Code of the Village of Oak Brook, Illinois.
ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Kennedy, Manofsky, Sanford and Yusuf .
Nays: 0 - None.
Absent: 1 - Trustee Craig. Motion carried.
2) AN ORDINANCE AMENDING TITLE 8 (PUBLIC WORKS) AND TITLE 9
(STORM WATER, FLOODPLAIN, AND SEDIMENTATION AND EROSION
CONTROL REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE
OF OAK BROOK
This ordinance amends Title 8 and Title 9 to change the time period to cure a
default or violation to two (2) days; also clarifies in Title 8 the reimbursement of
cost provisions. The ordinance attempts to relieve the Village of some
obligations that more properly should be undertaken by those impacted or
creating problems related to stormwater, floodplain and sedimentation and
erosion situations.
Trustee Yusuf expressed concern that two days was a very short time for
response. Engineer Durfey responded that it provides for those situations where it
is important for the process to begin in a short time span. If the situation is not
urgent, leniency would be provided, but this provides the legislative ability for the
more pressing situations.
Motion by Trustee Aktipis, seconded by Trustee Yusuf, for passage of Ordinance
G -789, An Ordinance Amending Title 8 (Public Works) and Title 9 (Storm
Water, Floodplain, and Sedimentation and Erosion Control Regulations) of the
Village Code of the Village of Oak Brook. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Kennedy, Manofsky, Sanford and Yusuf.
Nays- 0 - None.
Absent: 1 - Trustee Craig. Motion carried.
3) AN ORDINANCE AMENDING SECTION 17 (OFFENSES INVOLVING
MINORS) OF CHAPTER 1 (MISCELLANEOUS OFFENSES) OF TITLE 6
(POLICE REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF
OAK BROOK, ILLINOIS
VILLAGE OF OAK BROOK Minutes Page 11 of 13 January 10, 2006
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3) This Ordinance has been prepared pursuant to the United States Court of Appeals
for the Seventh Circuit decision in Hodgkins ex rel. Hodgkins v. Peterson, 355
F.3d 1048 (2004); this Ordinance amending the Village Code will comply with
the ruling of the Seventh Circuit. The federal court specifically found that there is
a substantial governmental interest in enforcing curfew laws. The court then
looked at whether or not a duty should exist with the arresting officer to
investigate a claim of participation by the minor in a protected activity before
effecting an arrest. The court ultimately found that since no duty to investigate
existed, a chilling effect does indeed exist if the ordinance were enforced. The
court found that the ordinance restricts a minor's access to any public forum
during curfew hours and the affirmative defense for participating in First
Amendment protected activities does not significantly reduce the chance that a
minor might be arrested for exercising his First Amendment rights. Based upon
this holding, the federal court instructed the Indiana authorities to permanently
enjoin enforcement of this ordinance.
Based upon the foregoing, the Village Attorney proposes that the Village amend
its ordinance to include a requirement that the law enforcement officer
contemplating making an arrest for curfew inquire as to the minor's reasons for
being out after curfew, and make a determination as to whether those reasons
satisfy a First Amendment protected right before making an arrest.
Motion by Trustee Yusuf, seconded by Trustee Kennedy, for passage of
Ordinance G -794, an Ordinance Amending Section 17 (Offenses Involving
Minors) of Chapter 1 (Miscellaneous Offenses) of Title 6 (Police Regulations) of
the Village Code of the Village of Oak Brook, Illinois. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 — None.
Absent: 1 - Trustee Craig. Motion carried.
C. AWARD OF CONTRACTS
D. INTERGOVERNMENTAL AGREEMENT — SALT CREEK GREENWAY TRAIL
The Village of Oak Brook has been working with other government agencies to
construct /link a pathway system that will effectively link Busse Woods on the north
to Brookfield Zoo. As the path system crosses Roosevelt Road into Oak Brook there
is a short stretch that will be built within the corporate limits of the City of Oakbrook
Terrace. As the Village of Oak Brook has been desirous of completing this path staff
has sought an Intergovernmental Agreement with Oakbrook Terrace that will allow
the path to be constructed in their City limits at no cost to them.
Trustee Kennedy asked for clarification of the boundary description at the west end
of Oak Brook. Engineer Durfey responded that the western boundary at that point
was at the east bank of Salt Creek.
VILLAGE OF OAK BROOK Minutes Page 12 of 13 January 10, 2006