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G-935 - 10/12/2010 - TRAFFIC - Ordinances Supporting DocumentsITEM 10.C.1) Y ■p .lU.ijm? AGENDA ITEM Regular Board of Trustees Meeting of SUBJECT: Parking Fines FROM: Thomas Sheahan, Police BUDGET SOURCE/BUDGET IMP, October 12, 2010 RECOMMENDED MOTION: I move for passage of Ordinance G-935, An Ordinance Amending Section 7 -1 -1320 (Parking Fines) of Chapter I (Traffic Code) of Title 7 (Motor Vehicles and Traffic) of the Village Code of the Village of Oak Brook, Illinois Background/History: With the exception of handicapped parking violations, which are set by state statute, the amount of the fine initially issued for a violation of our local parking ordinance has remained unchanged since its inception. The current fine structure is not consistent with surrounding communities and the level of revenue generated is greatly exceeded by the personnel costs associated with managing the program. The current fine table is listed below: lm� . ..... OF ' .:r cl : �#.`Cc. ..... Payment Payment Handicapped Payment Payment Within Ten After Ten Parking Fine Within Ten After Ten l H Days of Days of Controlled by Days of Days of :- x•:: =a :. Violation Violation Illinois State Violation Violation - MU Notice Notice Statute Notice Notice 1 -5 $ 20.00 $ 40.00 $250.00 $10.00 $20.00 6 -7 $ 50.00 $100.00 $250.00 $40.00 $80.00 8 -9 $ 80.00 $160.00 $250.00 $70.00 $140.00 10 $110.00 $220.00 $250.00 $100.00 $200.00 11 $140.00 $280.00 $250.00 $130.00 $260.00 12 $170.00 $340.00 $250.00 $160.00 $320.00 The total amount of fines issued during the 3`d Quarter of 2010 (excluding handicapped parking) was $1,810. Utilizing the proposed fine schedule the total during the same period would have been $3,550. This is an approximate increase of 95 %. The proposed fine schedule is listed below. ,'NUMBER OF SECTION =' 7 -1- 1301.1'" 'ALL OTHER SECTIONS CITATIONS ''IN 12 MONTHS Handicapped Parking Fine Controlled by Illinois State Statute Payment Within Ten Days of Violation Notice Payment After Ten Days of Violation Notice 1 -5 $250.00 $25.00 $50.00 6 -7 $250.00 $50.00 $100.00 8 -9 $250.00 $75.00 $150.00 10 $250.00 $100.00 $200.00 11 $250.00 $125.00 $250.00 12 $250.00 $150.00 $300.00 Increasing the fine amount for all parking violations (other than handicapped parking) to $25 is consistent with surrounding communities, will simplify the fine schedule and offset a larger portion of the personnel costs associated with managing the program. Recommendation: I recommend that this Ordinance be passed. ORDINANCE 2010- TC -PK -G -935 AN ORDINANCE AMENDING SECTION 7 -1 -1320 (PARKING FINES) OF CHAPTER 1 (TRAFFIC CODE) OF TITLE 7 (MOTOR VEHICLES AND TRAFFIC) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK WHEREAS, contained within the Illinois State Statutes in the Illinois Vehicle Code, "Stopping, standing or parking" is prohibited in specified places (6251LCS 5111- 1303); and WHEREAS, the Board of Trustees of the Village of Oak Brook authorizes the Oak Brook Police Department to place violation notices on every vehicle parked in violation of the above Statute; and WHEREAS, the President and Board of Trustees approved and passed Ordinance G -839 on July 10, 2007, which amended Section 7 -1 -1320 (Parking Fines) of Chapter 1 (Traffic Code) of Title 7 (Motor Vehicles and Traffic) of the Village Code of the Village of Oak Brook relative to increasing particular amounts of parking fines; and WHEREAS, the Board of Trustees and the Oak Brook Police Department now deem it desirable to amend Section 7 -1 -1320 (Parking Fines) of Chapter 1 (Traffic Code) of Title 7 (Motor Vehicles and Traffic) of the Village Code of the Village of Oak Brook relative to increasing particular amounts of fines and chronic violation of parking where prohibited. 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 the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That Section 7 -1 -1320 (Parking Fines) of Chapter 1 (Traffic Code) of Title 7 (Motor Vehicles and Traffic) of the Village Code of the Village of Oak Brook is hereby amended by deleting Section 7 -1 -1320 in its entirety and substituting the following: 7 -1 -1320: PARKING FINES: 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 according to the following schedule within the prescribed time limits as follows: NUMBER OF SECTION 71- 1301.1 ALL OTHER SECTIONS CITATIONS IN`12 MONTHS Handicapped Parking Fine Controlled by Illinois State Statute Payment Within Ten Days of Violation Notice Payment After Ten Days of Violation Notice 1 -5 $250.00 $25.00 $50.00 6 -7 $250.00 $50.00 $100.00 8 -9 $250.00 $75.00 $150.00 10 $250.00 $100.00 $200.00 11 $250.00 $125.00 $250.00 12 $250.00 $150.00 $300.00 Ordinance 2010 -TC- PK -G -935 Amending Sec. 7 -1 -1320 Increasing Parking Fines Page 2 of 2 The fine amount for each subsequent parking citation would continue to increase by twenty -five dollar ($25.00) increments with the fine for any single violation not to exceed seven hundred and fifty dollars ($750.00). 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 in the Circuit 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, provided that the minimum fine upon a finding of guilty for violation of section 1 -5002 40 shall be one hundred dollars ($100.00). Section 3: That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. Section 4: That all ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Ayes: Nays Absent: APPROVED THIS 12" day of October, 2010. John W. Craig Village President PASSED THIS 121h day of October, 2010 ATTEST: Charlotte K. Pruss Village Clerk