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G-1031 - 08/12/2014 - TRAFFIC - Ordinances Supporting Documents ITEM 6.F.4 of OAK 1.$1�; � y 1� � , g 1% �y� jFif+t`.c`�* y 4 .s ��r 188 5 , FOOUNi`E`��. AGENDA ITEM Regular Board of Trustees Meeting of August 12, 2014 SUBJECT: Traffic Enforcement Agreement with Saddle Brook Chase (Midwest Chase) FROM: James R. Kruger, Chief of Police?If— BUDGET SOURCE/BUDGET IMPACT: None RECOMMENDED MOTION: Move to approve Ordinance 2014-TC-CTRL-G-1031 amending Title 7, Chapter 6 of the Oak Brook Code of Ordinances Background/History: Saddle Brook Chase, known as Midwest Chase has requested to enter into an agreement with the Village to provide for police enforcement of the traffic the code. It was determined that the Association is 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 Police Department is bringing forward the Enabling Ordinance as provided for by the Illinois Vehicle Code in Section 625ILCS5/11-209.1. This statute simplifies the process by allowing for the enforcement of the Illinois Vehicle Code and/or applicable Village Ordinances on private property upon the request of the property owner and the passage of the proposed Enabling Ordinance. The Association 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. The ordinance also sets out other provisions including naming the Village on the Association's liability policy in the implementation of this agreement and allowing for access by the Police Department. Recommendation: Request the Village Board pass the attached ordinance to allow for the enforcement of the Traffic Code and appropriate access to Saddle Brook Chase. Last saved by jkruger J:\Village Board Reports\Saddle Brook Chase Traffic 081214.docx (.act printed R/4/2014 3:30 PM SADDLE BROOK CHASE PRIVATE ROADWAY ASSOCIATION July 29, 2014 Chief of Police Village of Oak Brook James Kruger 1200 Oak Brook Road Oak Brook, IL 60523 RE: Saddle Brook Chase Private Roadway Association Dear Mr. Kruger: I am the President of the Saddle Brook Chase Private Roadway Association (hereinafter "the Association"). The Association has at least ten (10) single family residences within the Association. Pursuant to Section 5/11-209.1 of the Illinois Vehicle Code, request is hereby made on behalf of the Association that the Village take all necessary steps to authorize law enforcement agencies to enforce the provisions of the Illinois Vehicle Code. Please forward to any documentation that must be approved and reviewed by the Association, to our legal counsel, Gabriella Comstock of Keough & Moody, P.C.. I believe that you have her contact information. Also, should you have any questions or require additional information, please do not hesitate to contact Ms. Comstock. Please keep us advised. Thank you for your assistance. Very truly yours, e)41—..j S PEHTA resident of the Saddle Brook Chase Private Roadway Association ORDINANCE 2014-TC-CTRL-G-1031 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 SADDLE BROOK CHASE 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 and 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 Saddle Brook Chase Private Roadway Association ("Association") is the owner of certain private roadways located within the Saddle Brook Chase 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 ON PRIVATE PROPERTY: C. Saddle Brook Chase Subdivision: Additions are bold and double-underlined; deletions are struck through. Ordinance 2014-TC-CTRL-G-1031 Amending Title 7 Page 2 of 4 1. This Subsection 7-6-101.0 applies to the following private roadways within the Saddle Brook Chase Subdivision (also known as the Midwest Chase Subdivision): Livery Court, Livery Circle, Roslyn Road, Polo Lane and Ascot Lane (the private roadways dedicated on the Jorge Second Subdivision Plat recorded with the DuPage County Recorder in Book 149, page 80 on October 18, 1990 as R90- 140741; the private roadways dedicated on the Sense Resubdivision Plat recorded with the DuPage County Recorder on March 29, 2012 as R2013-045169; and the private roadways dedicated on the Saddle Brook Chase Plat recorded with the DuPage County Recorder on August 30, 1977 in book 81, page 62 as R77-76836), 2. The Village shall enforce all of the regulations of this Title 7 within the Saddle Brook Chase Subdivision, but only to the extent and in the manner set forth in this Subsection 7-6-101.C. 3. Where any owner or user of a vehicle shall use or permit the use of a vehicle on the private roadways identified in Subsection 7-6- 101.C.1 in a manner contrary to the regulations of this Title 7, the Village will enforce the regulations of this Title 7 against such person as if the action had taken place on a public highway. 4. The Saddle Brook Chase Private Roadway Association, or any successor in interest thereto, shall, at its sole cost and expense, erect and maintain any and all signs necessary for the enforcement of the regulations of this Title 7 within the Briarwood Lakes Subdivision. 5. The Saddle Brook Chase Private Roadway Association, or any successor in interest thereto, shall not deny the Village access to the private roadways identified in Subsection 7-6-101.C.1 or erect or maintain any gate or other control device in a manner that prevents the Village from accessing such private roadways to enforce the regulations of this Title 7. If the Saddle Brook Chase Private Roadway Association, or any successor in interest thereto, violates this Subsection 7-6-101.C.5, then the Village shall have no roadways identified in this Subsection 7-6-101.C.1, 6. The Saddle Brook Chase Private Roadway Association, or any successor in interest thereto, shall, at its sole cost and expense, maintain general liability insurance in the minimum amount of $2,000,000 that names the Village as a party insured for any claims arising out of the enforcement by the Village of the re•ulations of this Title 7 on the private roadways identified in Subsection 7-6- 101.C.1. During any time that the Saddle Brook Chase Private Roadway Association, or any successor in interest thereto, does not maintain the insurance required by this Subsection 7-6-101.B.6, the Village shall have no obligation to enforce any traffic regulations under this Subsection 7-6-101.C. 7. The Saddle Brook Chase Private Roadway Association, or any successor in interest thereto, may rescind its request for the Village to enforce the regulations of this Title 7 on the private roadways identified in Subsection 7-6-101.C.1 by filing a written request with Ordinance 2014-TC-CTRL-G-1031 Amending Title 7 Page 3 of 4 the Village President; provided, however, that no such rescission request may be filed prior to 12 months after the date that the Saddle Brook Chase Private Roadway 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.C, which repeal will be effective on the January 1 immediately following the action by the Village President and Board of Trustees to repeal this Subsection 7-6-101.C.' 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 12th day of August, 2014. Gopal G. Lalmalani Village President PASSED THIS 12th day of August, 2014. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk TRL-G-1031 Ordinance 2014-TC mending e 4 of 4 C A Title 7 Pag EXHIBIT A PRIVATE ROADWAYS Livery Court, Livery Circle, Roslyn Road, Polo Lane and Ascot Lane (the private roadways dedicated on the Jorge Second Subdivision Plat recorded with the DuPage County Recorder in Book 149, page 80 on October 18, 1990 as R90-140741; the private roadways dedicated on the Sense Resubdivision Plat recorded with the DuPage County Recorder on March 29, 2012 as R2013-045169; and the private roadways dedicated on the Saddle Brook Chase Plat recorded with the DuPage County Recorder on August 30, 1977 in book 81, page 62 as R77-76836). 15wm:MapOth e' M,dweer Chase g l _ "ate } , t3 r* x - ` i / ,,.,,/, —, ' ....d l' '''' � ; : if seL� 187fca Pi N --e -.