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G-1033 - 09/23/2014 - TRAFFIC - Ordinances ORL NANCE 2014-TC-CTRL-G-1033 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 HERITAGE OAKS 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 Heritage Oaks Private Roadway Association ("Association") is the owner of certain private roadways located within the Heritage Oaks 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 on Private Property," of Title 7, "Traffic Code," of the Village Code is hereby amended further to read as follows: "7-6-101: REGULATION OF TRAFFIC ON PRIVATE PROPERTY: D. Heritage Oaks Subdivision: Additions are bold and double-underlined; deletions are struck through. Ordinance 2014-TC-CTRL-G-1033 Amending Title 7 Page 2 of 4 1. This Subsection 7-6-101.D applies to the following private roadway• 4 - CI 1 . ■ ' . • - • , . ,.• • •• 1• • ' • . • • • • 1 • • • Oaks Court, and Heritage Oaks Circle, 2. The Village shall enforce all of the re•ulations of this Title 7 within the Heritage Oaks Subdivision, but only to the extent and in the manner set forth in this Subsection 7-6-101.D. 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.D.1 in a manner contrary to the regulations of this Title 7, the Village will enforce the regulations of this Title 7 a•ainst such person as if the action had taken place on a public highway. 4. The Heritage Oaks Private Roadway Association. or an 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 Herita•e Oaks Subdivision. Notwithstanding anything to the contrary in Title 7 when si•ns are posted giving notice thereof, the maximum speed limit is twenty (20) miles per hour on the private roadwa s listed in 7-6-101.D.1. 5. The Heritage Oaks Private Roadway Association. or an successor in interest thereto, shall not deny the Village access to the private roadways identified in Subsection 7-6-101.D.1 or erect or maintain any ate or other control device in a manner that prevents the . • - • 11 _ - •• • I •, • • . • , • • • 1 • • 1 • regulations of this Title 7. If the Herita•e Oaks Private Roadwa Association, or any successor in interest thereto, violates this Subsection 7-6-101.D.5, then the Village shall have no obligation to • 1 • - • 1 • 1 . . • • 1 • • 1 1 . • • • • • • , • identified in this Subsection 7-6-101.D.1. 6. The Heritage Oaks Private Roadway Association or an 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 arisin• out of the enforcement by the Village of the regulations of this Title 7 on• •_ 1 .11 ' 1 . 1 ' ■ ' • • • . • • •. • �• . • , • 1 • • I • any successor in interest thereto, does not maintain the insurance required by this Subsection 7-6-101.D.6 the Villa•e shall have no obligation to enforce any traffic regulations under this Subsection 7-6-101.D, 7. The Heritage Oaks Private Roadway Association. or an successor in interest thereto, may rescind its request for the Villa•e to enforce the regulations of this Title 7 on the private roadways identified in•. •• 1 1 P • • •1 . , • ' I - • • 1 1 ' • • • ' • - •• • 1 ' • • -. - . 1 • , - 1 , 1 • 1 .• 1 . • 11 ,_ be filed prior to 12 months after the date that the Heritage Oaks • • - ; • . • , _ • •11 • • . • , • I - • • 1 • •. • ' 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.D, which repeal will be effective on the January 1 immediately following the action by the Villa•e Ordinance 2014-TC-CTRL-G-1033 Amending Title 7 Page 3 of 4 President and Board of Trustees to repeal this Subsection 7-6- 101.D." 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 23rd day of September, 2014 .' --- - Gopal G. Lalmalani Y Village President PASSED THIS 23rd day of September, 2014. Ayes: Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf Nays: None Absent: None ATTEST: A-:',,,..c. 1,,' , ,„,14,- ,' 4 „,,,,.,-.4-„,7,:, ef) '�z ,,,-,,,":,,W r Vo Charlotte K. Pruss x, v, Village Clerk a \'\9'<1.-, Gy ,.� ti i;1 1 ,e+ 1 E°F 0,- Village of Oak Brook gfi/ . ` r�ry°g s :. Heritage Oaks Subdivision .,..1 , S4 l'sF ' Traffic Enforcement Area 'e)0 _ 1:2,,,,,,:::,, siiisera CC:31 i P ,,,, 41111 /JJ 3108 , P O 3110 --^'^,.-.'"'�"� 3p�2 1 - _ `:3017,1 � . .,,,,..4 _ _ -�"''�� �;" - 3016 i 3006 f,-g 11 3103 -�^-- ...__,�-+- 3009� ��!�� tier . .... I „, / c::::1 ,. , ,. ,,.... 141, f - „,,;:. _.., c:2411 n &1v,, / ,, 6.,!'” .4' 6. ill°,��.M14'. r ,,.. 3116 3108 '.' "..... 3105 7 '" .Ei,) 3115 u C3 . i. ii ;z:1' _ 4101I l'+ 6 3F g 310s ' g I:Snil' 4. \ i\N' ' '0 '•'''.-4 1:::1 # i 1 3124 "- - 3106 I ill� -., LI ,(/ 1 37x,8. dir' ' q i .. "- 3010 :::: , 0 3102 - 3020 - 1?016 3120 3110 ' " OWN;:, ' lf 3017 3015 3011 ! 3009 3005 . Map Legend , 3021 Municipal Boundary M Road ■� � : " Q Gj L:CII Heritage Oaks Subdivision Parcel ji 'coni `�sortium .` r--`r , 1 I II ...-1 ,