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:
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v, Village Clerk
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