G-963 - 02/14/2012 - POLICE DEPT. - Ordinances Supporting DocumentsITEM 10.11.1)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
February 14, 2012
SUBJECT: Compliance Citations and Amending Code Hearing Department
FROM: James R, Kruger Jr., Chief of Police
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move for passage of Ordinance 2012- PD -OF -G -963
an ordinance amending the Oak Brook Code of Ordinances to add 7 -1 -401: Compliance Warning
Citations and amend 1 -15 -4: Code Hearing Department to provide for administrative adjudication
of offenses in Title 6 and Title 7.
Backeround/Histo : The Village Code of the Village of Oak Brook ( "Village Code ") adopted Title 1,
Chapter 15, establishing a Code Hearing Department in 2011. The ordinance gave a very narrow scope in
allowing for the administrative adjudication of administrative impoundment of vehicles and retail theft.
The Police Department would request to expand the program to include all parking violations, quasi -
criminal violations and add a new section to the code for compliance citations pertaining to equipment
violations and some registration violations.
During 2011 the Adjudication Program along with the Administrative Tow Ordinance generated $79,000
in gross revenue. The cost of the program in the first year included $6,600 in software leasing, $5,650 in
hearing officer costs, and an additional $20,234 in personnel costs that have since been eliminated. This
has resulted in $46,516 in net revenue to the Village.
The Illinois Vehicle Code allows municipalities to issue administrative citations for certain violations of
the vehicle code as long as they are not moving violations required to be reported to the Secretary of
State. This is well defined since Ryan v. Hanover Park, 724 N.E.2d 132 (1999) was decided by the First
District Illinois Appellate court in 1999. There is a list of violations that are considered appropriate to be
administratively adjudicated by a municipality under a code hearing department and incorporated into the
proposed ordinance.
There are many reasons to move to an administrative process for these types of violations. First, it is a
much more efficient means to dispose of them. Police overtime costs are reduced, and the fines collected
stay within the Village of Oak Brook. Secondly, it is much more convenient for the violator to pay the
citation at the Village Hall or by mail. Thirdly it is less burdensome on the violator in that the cost is
much less than a court filed citation and it is not considered a reported conviction to affect insurance
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costs. It is treated similar to a parking violation. Because of these reasons, it is also another tool at the
disposal of our police officers. Often times officers are reluctant to issue a citation for minor equipment
violations because of the cost now reaching anywhere from $125 to $225 in circuit court during these
economic times, of which the Village only receives approximately $40. If this option was available to the
officers, the opportunity for enforcement of minor violations increases, which in turn increases the
possibility that more serious criminal activity, including drunk drivers may be uncovered during the
traffic stop.
The second part to this proposal is to add these violations, all parking violations, and many of our quasi -
criminal infractions to administrative adjudication. As was mentioned, the same positive aspects are
realized if we are able to adjudicate these violations within the village. We already employ an
administrative hearing officers and our village prosecutor attends those hearings. The most that this may
cost is an additional hour to two per month from what we are already billed. However the return on
investment is significant. The software we are proposing to migrate to for the current administrative
adjudication program would also have all of the features necessary and take care of the additional
violations. It is proposed that the fine for these compliance citations be set at $50 and then increase to
$75 if not paid by the due date. There would then be the ability for the hearing officer to increase the fine
should the violator choose not to pay within 30 days and trigger a hearing.
Recommendation:
I recommend the Village Board pass Ordinance 2012- PD -OF -G -963
amending Title 7 by adding Section 104 Compliance Warning Citations and 1 -15 -4 to provide for
administrative adjudication of compliance citations, parking, and quasi - criminal violation in Title 6
and Title 7 of the Oak Brook Code of Ordinances.
ORDINANCE 2012- PD -OF -G -963
AN ORDINANCE AMENDING THE OAK BROOK VILLAGE CODE TO EXPAND
THE TYPES OF CODE VIOLATIONS ADJUDICATED BEFORE THE
CODE HEARING DEPARTMENT AND ADOPTING AN ALTERNATIVE
SETTLEMENT FOR CERTAIN TYPES OF VEHICLE VIOLATIONS
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, 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, the Village Board has determined that allowing persons charged with certain types of
traffic and vehicle violations the opportunity to quickly settle citations better enables to the Village to
collect fines and avoids the costs of having to adjudicate many of these citations; 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 -154. Section 1 -15-4, titled "Violations Subject to
Administrative Adjudication" of Chapter 15, entitled "Code Hearing Department," 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:
A. Those set forth ;n e_4,_.. 6 1 11 "Retail T6cN^ of this _ode
Those set forth in subsection 4- 1 -23F1 of this code, "unlawful possession and
consumption by persons underage " -ltd
Additions are bold and double - underlined;
Ordinance 2012- PD -OF -G -963
An Ordinance Amending the Offense Adjudicated
Before the Code Hearing Department
Page 2 of 6
r• - 57N r r • r r.• r r.- . u.
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Section 3: Amendment to Chapter 1 of Tile 7. Chapter 1 of Tile 7, entitled 'Traffic Code ", of
the Village Code shall be amended to add a new 7- 1-401, which shall read as follows:
Ordinance 2012- PD -OF-G -963
An Ordinance Amending the Offense Adjudicated
Before the Code Hearing Department
Page 5 of 6
Section 4: Amendment to Section 7 -1 -1320. Section 7 -1 -1320, entitled "Parking Fines" of
Chapter 1, "Traffic Code," of this code, shall be amended further, and shall read as follows:
"If said payments are not made within the time periods and in the amounts as prescribed
above, 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
court for the eighteenth 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.
Section 5: 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 6: 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]
M. .11
APPROVED THIS 14th day of February, 2012.
Ordinance 2012- PD -OF -G -963
An Ordinance Amending the Offense Adjudicated
Before the Code Hearing Department
Page 6 of 6
Gopal G. Lalmalani
Village President
PASSED THIS 14th day of February, 2012.
ATTEST:
Charlotte K. Pruss
Village Clerk
Additions are bold and double - underlined;
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