G-1020 - 02/11/2014 - TRAFFIC - Ordinances Supporting Documents ITEM I O.B.1)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
February 11, 2014
SUBJECT: Traffic Enforcement Agreement with Briarwood Lakes
FROM: James R. Kruger, Chief of Police f- T�7
BUDGET SOURCE/BUDGET IMPACT: None
RECOMMENDED MOTION: Move to approve Ordinance 2014-TC-CTRL-G-1020
amending Title 7, Chapter 6 of the Oak Brook Code or Ordiances
Background/History:
The Village and the Briarwood Lakes Homeowners Association had entered into an agreement for the
Village to provide for special police enforcement of certain traffic codes, namely speed enforcement in
the past. The last agreement expired several years ago and the board of the Association had been working
to renew the agreement for some time. Upon examination of the old agreement and discussions between
the Chief of Police and the Association President it was determined that the Association was in effect
wishing for standard police services as any other residential community within the Village to enhance
traffic safety and in turn public safety of the residents. The Chief then brought forward the idea of an
Enabling Ordinance as provided for by the Illinois Vehicle Code in Section 6251LCS5/11-209.1. This
statute simplifies the process by allowing for the enforcement of the Illinois Vehicle Code on private
property upon the request of the property owner and the passage of the proposed Enabling Ordinance.
The Association President is in agreement with this proposal and sent a letter requesting the same. The
state statute sets most of the requirements of the agreement and the legal authority for Oak Brook Police
Officers to treat the private roadway as any other street without creating any special duty. It is suggested
that this type of request and subsequent ordinance be used for other communities within the Village as
well upon request.
Recommendation:
Request the Village Board pass the attached ordinance to allow for the enforcement of the
Traffic Code and appropriate access to Briarwood Lakes.
r11
Last saved by James R Kruger Jr C:\Documents and Settings\jkruger\My Documents\Village Doard Reports\Briarwood Traffic 021114.docx
Last printed 2/3/2014 4:07 PM
(625 ILCS 5/11-209.1) (from Ch. 95 1/2, par. 11-209.1)
Sec. 11-209.1. Powers of local authorities-enforcing the provisions of this Code on private streets and
roads. (a) Any person or board of directors owning, operating or representing a residential subdivision,
development, apartment house or apartment project; containing a minimum of 10 apartments or single
family residences may file a written request, with the appropriate local authority wherein such property
is situated, requesting their law enforcement agency enforce the provisions of this Code on all private
streets or roads open to or used by the tenants, owners, employees or the public for the purposes of
vehicular traffic by permission of such person or board of directors and not as a matter of public right.
Notwithstanding Section 1-126 and Section 1-201 of this Code, if the local authority grants such request
by the adoption of an enabling ordinance then all such private streets or roads shall be considered
"highways" only for the enforcement purposes of this Code.
(b) All regulations adopted and traffic control devices employed by a local authority in the
enforcement of this Code on such streets or roads within any private area, pursuant to this Section, shall
be consistent with the provisions of this Code and shall conform to the Illinois Manual on Uniform Traffic
Control Devices.
A local authority may require that any person who files a request for the installation of traffic signs
pay for the cost of such traffic signs. Such traffic signs shall be in conformity with Section 11-604 of this
Code.
(c) Any person or board of directors which has filed such a request under this Section, may rescind
that request by filing with the appropriate local authority a written request for such rescission. Upon
receipt of the written request, the local authority shall subsequently repeal the original enabling
ordinance. Such repeal shall not take effect until the first day of January following any such action by the
local authorities. However, no such rescission request may be filed within 12 months of the date of the
original written request.
(d) The filing of a written request or the adoption of the enabling ordinance under this Section in no
way constitutes a dedication to public use of any street, road, driveway, trail, terrace, bridle path,
parkway, parking area, or other roadway open to or used by vehicular traffic, nor does it prevent such
person or board of directors, as owners of such property, from requiring additional regulations than
those specified by the local authorities or otherwise regulating such use as may seem best to such
person or board of directors as long as they do not conflict with the powers granted to local authorities
under Section 11-208 of this Code.
(e) This amendatory act of 1972 is not a prohibition upon the contractual and associational powers
granted by Article VII,Section 10 of the Illinois Constitution.
(Source: P.A. 86-521.)
ORDINANCE 2014-TC-CTRL-G-1020
AN ORDINANCE AMENDING TITLE 7 (MOTOR VEHICLES AND TRAFFIC)
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
IN RELATION TO THE ENFORCEMENT OF TRAFFIC REGULATIONS
IN THE BRIARWOOD LAKES SUBDIVISION
WHEREAS, the Village of Oak Brook, Illinois ("Village"), is a body politic and corporate,
organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and
WHEREAS, Title 7 (Motor Vehicles and Traffic) of the Village Code of the Village of Oak Brook
("Village Code") regulates the movement and parking of vehicles within the Village; and
WHEREAS, pursuant to Section 7-1-100 (Adoption of Provisions of the Illinois Vehicle Code by
Reference) of Chapter 1 (Traffic Code) of Title 7 (Motor Vehicles 9nd Traffic) of the Village Code, the
Village has adopted by reference the Illinois Vehicle Code, 625 ILCS 5/1-100 et seq. ("Vehicle Code"),
for enforcement within the corporate limits of the Village; and
WHEREAS, Section 11-209.1 of the Vehicle Code authorizes the President and Board of
Trustees to adopt an enabling ordinance, at the written request of any person or board of directors who
owns, operates, or represents a residential subdivision development within the Village containing a
minimum of 10 attached or detached single-family residences, authorizing the Village to enforce the
regulations of the Vehicle Code on certain private streets or roads under the control of such person or
board of directors; and
WHEREAS, the Briarwood Lakes Community Association ("Association") is the owner of certain
private roadways located within the Briarwood Lakes Subdivision within the Village, which private
roadways are described and depicted in Exhibit A attached to, and hereby made a part of, this
Ordinance (collectively, the "Private Roadways"); and
WHEREAS, the Association desires the Village to enforce the provisions of Title 7 of the Village
Code on its Private Roadways; and
WHEREAS, the President and Board of Trustees of the Village deem it advisable and in the best
interest and in furtherance of the general welfare of the citizens of the Village that Title 7 of the Village
Code be amended to authorize the Village to enforce the regulations of Title 7 on the Private Roadways;
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: Regulation of Traffic on Private Property. Section 7-6-101, "Regulation of Traffic
in Shopping Centers," of Title 1, "Traffic Code," of the Village Code is hereby amended further to read as
follows:
"7-6-101: REGULATION OF TRAFFIC IN S14OPPING CENTERS ON PRIVATE
PROPERTY:
A Oak Brook Center. The provisions of this title shall be applicable to that
property generally known as the Oak Brook shopping center as more specifically
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Ordinance 2014-TC-CTRL-G-1020
Amending Title 7
Page 3 of 4
Subsection 7-6-101.B.1 by filing a written request with the Village
president; provided however- that no such rescission request may
he falled prior to 12 months after the date that the Briarwood Lakes
Community Association filed its written request for the Village to
enforce the regulations of this Title 7 After receipt of such
rescission request- the Village President and Board of Trustees will
repeal this Subsection 7-6-101.B, which repeal will he effective on
the January 1 immediately following the action by the Village
President and Board of Trustees to repeal this Subsection 7-6-
Section 3: 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 4: 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 February, 2014.
Gopal G. Lalmalani
Village President
PASSED THIS 11th day of February, 2014.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
#27386892_v3
Ordinance 2014-TC-CTRL-G-1020
Amending Title 7
Page 4 of 4
EXHIBIT A
PRIVATE ROADWAYS
Briarwood Lane, Briarwood Loop, Briarwood Pass, Briarwood North and which are depicted on the map
below; Permanent Parcel Nos. 06-27-407-115, 06-27-407-116, 06-27-407-117, 06-27-407-120, 06-27-
407-122, 06-27-407-123, 06-27-203-056, 06-27-202-116, 06-27-202-117, 06-27-202-118.
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BRIARWOOD LAKES COMMUNITY ASSOCIATION
One Briarwood Central • Oak Brook, Illinois 60523-8701
January 29, 2014
Chief James Kruger
Oak Brook Police Department
Oak Brook, IL 60523
T oar C hief Kruger:
Thank you for your work in input on the proposed Traffic
Enforcement Agreement between our Village and Briarwood
Lakes. The final draft, proposed by the Village, is acceptable to
our Association.
Please convey our thanks to president Lalmalani, our Village
Board and the village attorney for creating this Agreement, and
our request that the proposed Village Ordinance be enacted to
assist us in maintaining the safety of our private roadways in
Briarwood Lakes, for everyone's benefit.
Constantine P. Xinos
president
Constantine R Xinos
COMMUNITY ASSOCIATION MANAGER 261.000297
REAL ESTATE MANAGING BROKER • 471.017752
(630) 222-1000 • FAX (630) 655-1505
email:briarwoodlakes@comcast.net
www.briarwoodlakes.com
Briarwood Lakes is an Illinois Not-For-Profit Corporation and
Licensed(478.011779)Illinois Real Estate Broker Corporation