G-1127 - 03/27/2018 - VILLAGE CODE - Ordinances Supporting DocumentsBOT AGENDA Page 1
BOARD OF TRUSTEES MEETING
SAMUEL E. DEAN BOARD ROOM
BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
March 27, 2018
SUBJECT: Ordinance to Amend sections of the Village Code available for
Administrative Adjudication and raising the minimum general penalty.
FROM: James R. Kruger Jr., Chief of Police
BUDGET SOURCE/BUDGET IMPACT: None
RECOMMENDED MOTION: I move that the Village Board approve Ordinance 2018-
CD-PD-FEE-G-1127 making multiple changes to the Oak Brook Village Code
regarding ordinance violations.
Background/History:
The Police Department has been utilizing local adjudication for the past seven years for
administrative towing, many ordinance violations and petty offenses where allowed. This
has been very successful with curtailing administrative costs of court overtime, court travel,
as well as increased potential fine revenue. As the we examined our local adjudication
program and spoke with our local prosecutor we found several sections that would be
advantageous to add to the program as well as some inconsistencies in our current code
fine structure causing some difficulty. Some were higher than allowed, some were lower.
There has also been new state legislation pertaining to juvenile record expungement and
decriminalization of cannabis that would make local adjudication more advantageous.
Working with the Village Attorney, we standardized the Village fine structure to make
consistent. We are also recommending the general penalty minimum fine be raised to $250
from $100, where no specific fine is enumerated in the code.
Below is a condensed list of the proposed changes in the proposed ordinance:
•Increase the minimum fine listed in 1-3-1A from $100 to $250.
Agenda Item 6.D.1
BOT AGENDA Page 2
•4-1-23F1 Alcohol Age Restriction – Add: A violation of 4-1-23F1 shall be treated as
an infraction, and shall, upon conviction, be punishable as set forth in section 1-3-1 of
this code.
•6-1-14 Public Indecency – Amend fine to maximum permitted under 1-3-1A.
•6-1-17B Curfew – Amend fine to 1-3-1A.
•6-1-17C Social Hosting – Amend fine to maximum permitted under 1-3-1A.
•6-2 Animals – Amend Fine to 1-3-1A.
•4-2 Taxicabs – Amend fine to 1-3-1A.
•4-10 Limousines – Amend Fine to 1-3-1A.
The following ordinances to be added to the Administrative Adjudication process in 1-
15-4 Violations Subject to Administrative Adjudication:
•4-4A Commercial Solicitation
•4-4B Non Commercial Solicitation
•4-6 Tobacco
Recommendation:
Staff recommends that the Village Board approve Ordinance 2018-CD-PD-FEE-
G-1127.
ORDINANCE 2018-CD-PD-FEE-G-1127
AN ORDINANCE MAKING MULTIPLE CHANGES
TO THE OAK BROOK VILLAGE CODE REGARDING
ORDINANCE VIOLATIONS
WHEREAS, a number of Sections of the Village Code of Ordinances of the Village of Oak Brook
deal with Ordinances relating to violations that are generally enforced by the Police Department and
relate to the power of a non-home rule unit to create Ordinances governing a series of actions which are
either prohibited in whole or regulated and many of which result in administrative adjudication rather than
hearings in the Circuit Court; and
WHEREAS, the Village of Oak Brook maintains a Code of Ordinances which is both available for
review at the Village Hall and can be accessed through the Village’s website; and
WHEREAS, the Village Code is maintained and updated through Sterling Codifiers; and
WHEREAS, the most effective way to amend a variety of Code provisions is through an
Ordinance specifying the sections of the Code which are being amended and the specific changes being
made; and
WHEREAS, the Village has reviewed the minimum fine assessed for a variety of Code offenses
in Oak Brook with the fine established in other municipalities, and it has been concluded that the
minimum fine should be increased from $100.00 to $250.00; and
WHEREAS, the Village has concluded that a number of Code violations shall be processed using
the Administrative Adjudication process; and
WHEREAS, this Ordinance will effectuate a number of other changes to the Oak Brook Village
Code and in each case the specific title and Section of the Code will be specified.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows:
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SECTION 1. In Title 1, Administration: Section 1-3-1(A), the minimum fine currently listed as
$100.00 shall be increased to $250.00.
SECTION 2. In Title 4, Business and License Regulations: Section 4-1-23(F)1 Age
Restrictions shall have added the following sentence “A violation of 4-1-23(F)(1) shall be treated as an
infraction, and shall, upon conviction, be punishable as set forth in Section 1-3-1A of this code.”
SECTION 3. Title 6, Police Regulations: Section 6-1-4, Public Indecency. Subsection (c) shall
be amended to read “A person convicted of the offense of public indecency shall be fined not less than
$750.00 for each offense and may be enjoined from continuing the conduct determined to be public
indecency.”
SECTION 4. Title 6, Police Regulations: Section 6-1-17(B) Curfew for Minors. Subsection 5
shall be amended to read “Violation; Penalty: any person convicted of a violation of subsection B1 of this
Section, shall be fined upon conviction two hundred fifty dollars ($250.00) for the first violation in any
twelve (12) month period; four hundred dollars ($400.00) for a second violation in any 12-month period;
and seven hundred fifty dollars ($750.00) for a third or subsequent violation in any twelve (12) month
period.”
SECTION 5. Title 6, Police Regulations: Section 6-1-17(C) Social Hosting. Subsection 4 shall
hereafter read as follows: “Violation; Penalty: any person who violates subsection C2 of this Section shall
be fined the maximum amount permitted in Section 1-3-1A of this code.”
SECTION 6. Title 6, Police Regulations: Amend Title 6. Section 6-2-10 Animal Control,
Penalties: shall hereafter read as follows: “Any person convicted of a violation of any provision of this
chapter shall be subject to the penalties contained within Section 1-3-1A.”
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SECTION 7. Title 4, Business and License Regulations; Taxicabs; Section 4-2-13. Business
and Licenses. Penalties: shall hereafter read as follows: “Any person convicted of a violation of any
provision of this chapter shall be subject to the penalties contained within Section 1-3-1A.”
SECTION 8. Title 4, Business and License Regulations: Limousines; Section 4-10-11 shall
hereafter read as follows: Penalties: Section 4-10-11A. Any person convicted of a violation of any
provision of this chapter shall be subject to the penalties contained within Section 1-3-1A.
SECTION 9. Title 7, Motor Vehicles and Traffic. Shall be amended in that Section 7-1-1430
dealing with U-turns shall be deleted.
SECTION 10. Title 1, Administration. Section 1-15-4: VIOLATIONS SUBJECT TO
ADMINISTRATIVE ADJUDICATION shall be amended in that the following additional violations of this
Code subject to administrative adjudication under this chapter and being added with the additional letter
designation shall be: H. Those set forth in title 4, Section 4-4A Commercial Solicitation. I. Those set forth
in Title 4, Section 4-4B Non-commercial solicitation. J. Those set forth in Title 4, Section 6. Tobacco.
SECTION 11. All of the modifications and amendments in this Ordinance shall be modifications
to the Code of Ordinances of the Village of Oak Brook and shall be modified in the official copy of the
Code of Ordinances in the office of the Village Clerk and shall be codified by Sterling Codifiers in
accordance with their procedures.
SECTION 12. This Ordinance shall be in full force and effect after its passage, approval and
publication in pamphlet form as provided by law.
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APPROVED THIS 27th day of March, 2018.
____________________________
Gopal G. Lalmalani
Village President
PASSED THIS 27th day of March, 2018.
ATTEST:
__________________________
Charlotte K. Pruss
Village Clerk
4840-5819-2990, v. 1
Ayes: _______________________________________________
Nays: ________________________________________________
Absent:______________________________________________