G-1033 - 09/23/2014 - TRAFFIC - Ordinances Supporting Documents ITEM 6.F.4
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AGENDA ITEM
Regular Board of Trustees Meeting
of
September 23, 2014
SUBJECT: Traffic Enforcement Agreement with Heritage Oaks
FROM: James R. Kruger, Chief of Police
BUDGET SOURCE/BUDGET IMPACT: None
RECOMMENDED MOTION: Move to approve Ordinance 2014-TC-CTRL-G-1033
amending Title 7, Chapter 6 of the Oak Brook Code of Ordinances
Background/History:
Heritage Oaks 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 HOA board
would also like the ordinance to set the speed limit on their roadways at 20 MPH. 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 Heritage Oaks.
Last saved by jkruger J:\Village Board Reports\Heritage Oaks traffic 092314.docx
Last printed 9/15/2014 9:45 AM
ORDINANCE 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
I • - • • -.- 1 . • • • 1 - • • A .I !_! _ • • . • A
within the Heritage Oaks Subdivision: Heritaae Oaks Lane. Herita•e
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 onl 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-
I I •1 _ 11 . 11 - • 1 • I • • • •. •• 1 • 1' 1 -
Village will enforce the reaulations of this Title 7 a•ainst such
person as if the action had taken place on a public hiahwa
4. The Heritage Oaks Private Roadway Association. or an successor
in interest thereto, shall, at its sole cost and ex sense erect and
maintain any and all signs necessary for the enforcement of the
- • . . •• 1 • 1 A 1 1 I ■ ' • • , ! •f • 1
Notwithstanding anything to the contra in Title 7. when si•ns are
posted giving notice thereof, the maximum speed limit is twenty
1 1 1' • 5 - I . • 1 1 - ! - . .. ! , . - • •1 -•- ) •
5. The Heritage Oaks Private Roadway Association. or an successor
in interest thereto, shall not deny the Villa•e 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
Village from accessina such private roadwa s to enforce the
- • • •• 1 • 1• - I . • • ! - • • , • " • . C • • ! • •
Association, or any successor in interest thereto, violates this
Subsection 7-6-101.D.5, then the Village shall have no obli•ation to
enforce any of the regulations of Title 7 on the private roadwa s
identified in this Subsection 7-6-101.D.1.
6. The Heritage Oaks Private Roadway Association. or an successor
1 •I . - I . . • I - • - • I •. - ! - 1 - 11 . 1 . I
general liability insurance in the minimum amount of $2 000 000
that names the Village as a pa insured for any claims arisin• out
• I - • - II - I • I • ' -• • • I " . _ _ • 1 • I• - • 1
the private roadways identified in Subsection 7-6-101.D.1. During
any time that the Herita•e Oaks Private Roadway Association or
- 1 • •1 •I - 1 " . . . -• ! • - I • 11 •'1 .•1 1 - •I . . I ..
required by this Subsection 7-6-101.D.6 the Villa•e shall have no
obligation to enforce any traffic reaulations under this Subsection
7-6-101.D,
7. The Heritage Oaks Private Roadway Association. or an successor
in interest thereto, may rescind its re•uest for the Villa•e to enforce
the regulations of this Title 7 on the •rivate roadwa s identified in
Subsection 7-6-101.D.1 by filing a written request with the Villa.e
President; provided, however that no such rescission reauest ma
be filed prior to 12 months after the date that the Herita•e Oaks
Private Roadway Association filed its written reauest for the Villa•e
to enforce the regulations of this Title 7. After receipt of such
- .• 1 - I) • I.• • . • - • • .8 - I ..1 1 : • .. . • - • A
repeal this Subsection 7-6-101.D which repeal will be effective on
the January 1 immediately followina 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
Village President
PASSED THIS 23rd day of September, 2014.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2014-TC-CTRL-G-1033
Amending Title 7
Page 4 of 4
EXHIBIT A
PRIVATE ROADWAYS
Heritage Oaks Lane, Heritage Oaks Court,and Heritage Oaks Circle.
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HERITAGE OAKS PRIVATE ROADWAY ASSOCIATION
C/O Charles Shemely, President
3411 Heritage Oaks Ct.
Oak Brook, IL 60523-2546
September 8, 2014
Chief James R. Kruger Jr.
Oak Brook Police Department
1200 Oak Brook Road
Oak Brook, IL 60523.2255
Dear Chief Kruger:
The Directors of the Heritage Oaks Private Roadway Association have given further
consideration to the speed limit when the Oak Brook Police Department is granted jurisdiction to
enforce Title 7 of the Oak Brook Village Code in Heritage Oaks.
The Directors have approved a posted limit of 20 miles per hour for the private roads within
Heritage Oaks: Heritage Oaks Lane, Heritage Oaks Court, and Heritage Oaks Circle.
Please include this provision in the regulations to be enacted with the Ordinance Amendment to
be presented for approval by the Village Trustees.
if you have any questions regarding this change to our earlier approval, please contact me by
email or phone (630) 968-2922.
Sincerely,
of 4
Charles Shemely, President