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G-1054 - 07/14/2015 - AGREEMENT - Ordinances Supporting Documents ITEM 7.13.9) OF OAt O MIN=a � COUN t4' AGENDA ITEM Regular Board of Trustees Meeting of July 14,2015 SUBJECT: Law Enforcement Agreement with Oak Brook Park District FROM: James R. Kruger,Chief of Police BUDGET SOURCE/BUDGET IMPACT: None RECOMMENDED MOTION: Move to approve Ordinance 2015-PD-OF-OBPKD-G-1054 an ordinance amending Chapter 1 (Powers and Duties) of Title 3(Public Safety)of the Village Code of the Village of Oak Brook in relation to the Oak Brook Park District. Backeround/History: The Village and the Oak Brook Park District entered into an Intergovernmental Agreement between the Village of Oak Brook and the Oak Brook Park District regarding policing of Park Property dated June 14, 1994. This agreement in effect named the Oak Brook Police Department the Park District Police for the purposes of enforcement of park district ordinances. However, the Village never codified the agreement into the Village Code. This fact was discovered when a park district parking citation,written by a village police officer was dismissed by our adjudication hearing officer. This ordinance amendment corrects that omission. Recommendation: Request the Village Board approve the attached ordinance codifying the agreement with the Oak Brook Park District to enforce park district ordinances upon park district property within the corporate boundaries of the Village of Oak Brook. i Last saved by James Kruger C:\Users\kvonacben\AppData\LocahMicrosaft\Windows\Temporary tntemet Files\Content.Outlook\OCFF7XWB\OB Park Dist Enforcement.docx Last printed 7/7/2015 4:39 PM Oak Brook PARR DISTRICT RESOLUTION APPROVING INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF Oak Brook AND THE Oak Brook PARR DISTRICT REGARDING POLICE PATROL OF PARR PROPERTY WHEREAS, the Oak Brook Park District desires to have the Oak Brook Village Police enforce park rules on park property, and whereas the Village of Oak Brook has indicated by approval of the subject Intergovernmental Agreement, its agreement to enforce the park rules of the Oak Brook Park District. NOW, THEREFORE, BE IT RESOLVED by the Board of Park { Commissioners of the Oak Brook Park District, Oak Brook, DuPage County, Illinois, as follows., 1. The Oak Brook Park District board of Park Commissioners hereby approves on behalf of the Oak Brook Park District that Intergovernmental Agreement between the Village of Oak Brook and the oak Brook Park District regarding police patrol of park property, a copy of which is attached hereto, incorporated here as Exhibit A, and agrees to the terms and conditions there and set forth. 2 . The President and Secretary of the Oak Brook Park District Board of Park Commissioners are hereby authorized and directed to execute said Intergovernmental Agreement on behalf of the Oak Brook Park District. 3 . That the Intergovernmental Agreement herein approves, supersedes and replaces any other Intergovernmental Agreements concerning Police enforcement of park rules on park property, and any ordinances or resolutions or any parts of ordinances or resolutions that in any way conflict with this resolution are hereby repealed. Approved this 11th day of July 1994. Ayes: John Lindquist, Frank Madda, Michael Martin & John O'$rien. Nayes: .,done Absent: John O'Shea r � resident, Board of P k Commissioners of the Oak Brook Park District Attu Secrdtar , Board of Park Commissioners of the ak Brook Park District 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK AND THE OAK BROOK PARR DISTRICT REGARDING POLICING OF PARK PROPERTY THIS AGREEMENT is entered into by and between the OAK BROOK PARK DISTRICT (hereinafter referred to as the "District") and the VILLAGE OF OAK BROOK (hereinafter referred to as the "Village") , both municipal corporations located in the Counties of Cook and DuPage, State of Illinois; W I T N E S S T R: WHEREAS, the Illinois Constitution provides that units of local government and school districts may contract to share services through intergovernmental agreements, Ill.Const. , Art. VII, §10 (1970) ; and WHEREAS, Illinois statutes provide that public agencies may share powers through intergovernmental agreements, I1l.Rev.Stats.4 ch. 127, §173 (19B9) ; and WHEREAS, the District desires that its laws, ordinances, rules and regulations be enforced by the Village within its parks, grounds and facilities; and WHEREAS, the Village operates a police force including police officers and required vehicles and equipment; and WHEREAS, the Village has determined that it is feasible and appropriate that its police officers enforce the laws, ordinances, rules and regulations of the District within its parks, grounds and facilities within the corporate limits only of the Village; and WHEREAS, the Village and the District wish to associate, cooperate and share services to achieve the goals and objectives expressed herein and to enter into an intergovernmental agreement that so provides, NOW, THEREFORE, in consideration of the mutual agreements and covenants contained in this Agreement, the District and the Village agree as follows: Seg ion 1: Village police officers shall be authorized at all times to enforce the laws, ordinances, rules and regulations of the District upon the parks, grounds and facilities of the District within the corporate limits of the Village and to sign and file complaints for any violation thereof. Under this provision, no Village police officers, vehicles or equipment shall be specifically designated for park patrol, but rather in the normal course of patrol and on call, the Village police officers shall so enforce the laws in the parks, grounds and facilities of the District. The District shall make no payment to the Village for the enforcement services as set out in this Section. 2 Section 2: The police officers of the Village shall remain under the command of the Village's Chief of Police at all times. Section 3 : This Agreement shall not be construed as to limit in any way the authority or ability of the police officers of the Village to enforce the laws of the Village, State of Illinois and United States as otherwise authorized by applicable law, either on or off of the property of the District. segtion 4 : Members of the Village Police Department, acting hereunder to enforce the laws on District property, shall be i } conservators of the peace within and upon such parks and property I controlled by the District and shall have the power to make arrests on view of the offense, or upon warrants, for violation of any of the laws, rules or ordinances of the District, or for any breach of j the peace, in the same manner as police in cities or villages organized and existing under the general laws of the State of Illinois. Section 5: The prosecutor for the Village shall prosecute any citation written by a police officer alleging violation of a District law, ordinance, rule or regulation, and is hereby authorized to represent the District with reference thereto. The District shall pay the prosecutor for the prosecutor's service hereunder. The District shall pay over all fines and revenue collected hereunder to the Village within 30 days of receipt 3 thereof, it being the agreement of the parties that such revenues will help reimburse the Village for the expense it incurs hereunder. section 6: (a) The District shall protect, indemnify, save, defend and hold forever harmless the Village and/or its officers, employees and agents from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses, including without limitation court costs, insurance deductibles and attorney's fees and expenses, which the Village and/or its officers, employees and agents may incur, suffer or sustain, or for which the Village and/or its officers, employees and agents may become obligated by reason for any accident, injury to or death of persons or loss of or damage to property, or civil and/or constitutional infringement of rights (specifically including violations of the Federal Civil Right Statutes) , arising indirectly or directly in connection with or under, or as a result of, this Agreement 1) solely by virtue of any act or omission of any of the Park District's officers, employees and/or agents, or 2) by virtue of any joint act and/or joint omission of the police officers of the Village and the District. (b) The District shall not protect, indemnify, save, defend and hold forever harmless the Village and/or its officers, employees and agents from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses, 4 including without limitation court costs, insurance deductibles and attorney's fees and expenses, which the Village and/or its officers, employees and agents may incur, suffer or sustain, or for which the Village and/or its officers, employees and agents may become obligated by reason for any accident, injury to or death of persons or loss of or damage to property, or civil and/or constitutional infringement of rights (specifically including violations of the Federal Civil Right statutes) , arising indirectly or directly in connection with or under, or as a result of, this Agreement solely by virtue of any act and/or omission of any of the Village's officers, employees and/or agents. Section 7: If any of this Agreement is held to be invalid for any reason, such invalidation shall not render invalid other provisions of this Agreement which can be given effect without the invalid provision. Section 8: This Agreement shall be effective when executed by the District and Village. Unless otherwise terminated by either party, the Agreement shall be effective for a term of one .(1) year and be automatically renewed for successive terms of one (1) year i each unless either party notifies the other in writing of non- renewal at least ninety (90) days before the end of the applicable term. 5 Section 9: Either party hereto may terminate this Agreement for any violation of its terms by providing the offending party within thirty (30) days advance written notice. Either party hereto may also terminate this Agreement for any reason or no reason at all by giving the other party at least ninety (90) days advance written notice. SectiQn10: Any other agreement or agreements between the parties hereto concerning the subjects hereof are terminated and cancelled upon approval hereof, and this Agreement shall be the only agreement between the parties regarding the subject matter i hereof. i I Section 11: Notice or other writings which any party is s required to, or may wish to, service upon any other party in � connection with this Agreement shall be in writing and shall be delivered personally or sent by registered or certified mail, i i return receipt requested, postage prepaid, addressed as follows: (1) If to the Village or Corporate Authorities: Village President Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 With a copy to: Richard Martens, Village Attorney Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 6 (2) If to the Park District: Jon D. Summer, Executive Director Oak Brook Park District 1300 Forest Gate Road Oak Brook, Illinois 60521 With a copy to: Kenneth T. Kubiesa, Esq. Kubiesa, Power & Adams, Ltd. Two TransAm Plaza Drive Suite 370 Oakbrook Terrace, IL 60181 or to such other address as any party may from time to time designate in a written notice to the other parties. Section 12: This Agreement shall be construed in accordance . with the laws and constitution of the State of Illinois. IN WITNESS WHEREOF, the undersigned governments have caused this Agreement to be duly executed this /y�" day of 1994, VILLAGE OF OAK BROOK, a municipal corporation, By. ATTEST: 4V0a'tje Presiden BY:. la e clerk OAK BROOK PARK DISTRICT, a municipal corporation, n Z i�dn4L__ ATTEST• By! By: S(_'bre ary 7 ORDINANCE 2015-PD-OF-OBPKD-G-1054 AN ORDINANCE AMENDING TITLE 3 (PUBLIC SAFETY) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK IN RELATION TO THE ENFORCEMENT OF THE LAWS AND RULES OF THE OAK BROOK PARK DISTRICT 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, the Oak Brook Park District ("District'j, is a body politic and corporate, organized and existing pursuant to the Illinois Park District Code, 70 ILCS 1205/1-1 et seq.; and WHEREAS, cooperation and sharing of powers between and among governmental agencies and entities through intergovernmental agreements is authorized and encouraged by Article VII, Section 10 of the Illinois Constitution of 1970 and by the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and WHEREAS, the Village and the District entered in that certain Intergovernmental Agreement Between the Village of Oak Brook and the Oak Brook Park District Regarding Policing of Park Property dated June 14, 1994 ("Agreement'j; and WHEREAS, the Agreement authorizes and permits Village police officers to enforce the laws, ordinance, rules and regulations of the District within the corporate limits of the Village and to sign and file complaints for any violations thereof; and WHEREAS, Section 3-1-5 of the "Village Code of the Village of Oak Brook, Illinois," as amended ("Village Code'l, provides the power and duties of the Village Police Department; 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 to amend Section 3-1-5 of the Village Code to further clarify that the Village Police Department may enforce the laws, ordinance, rules and regulations of the District in accordance with the Agreement; 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: Powers and Duties of the Police Department. Section 3-1-5, entitled "Powers and Duties," of Chapter 1, entitled Police Department, of Title 3, entitled "Public Safety," of the Village Code is hereby amended further to read as follows: "3-1-5: POWERS AND DUTIES: A. Arrests: All police officers shall have power: 1. To arrest, with or without process, all persons who break the peace or are found violating any provision of this code or other ordinance of the village or any criminal law of the state; Additions are bold and double-underlined; Ordinance 2015-PD-OF-OBPKD-G-1054 Amending Section 3-1-5 of the Village Code Page 2 of 3 2. To commit arrested persons for examinations; 3. If necessary, to detain arrested persons in custody overnight or on Sunday in the village jail or any other safe place, until they can be brought before a magistrate or a judge for hearing or trial; 4. They shall have all the powers of constables as established by common law. B. Police As Witnesses: All officers making arrests shall attend as witnesses before the court where the trial may be had, and shall procure all necessary evidence in their power, and furnish a list of witnesses to the court; no village officer or police officer shall be entitled to any witness fees to be taxed against the village in any action for a violation of any provisions of this code or other ordinance where the village is plaintiff. C. Furnishing Bail Prohibited: No member of the police force shall become or furnish bail for any person arrested for violation of any provisions of this code or other ordinance of the village or of the criminal laws of the state. D. Aiding Fire Department: It shall be the duty of the police force to aid the fire department by giving alarms in case of fire and by clearing the streets or grounds in the immediate vicinity of the fire, so that the members of the fire department shall not be hindered or obstructed in the performance of their duties. E. Accidents; Reports: Each and every police officer of the village, whenever any accident shall occur within the village limits of which he has or should have notice or knowledge, shall record forthwith in writing the place, day and nature of the accident, the hour of the day or night when it occurred, the condition of the weather (and, if at night, whether cloudy, clear or moonlight and whether the streetlamps nearby were or were not lighted), the name of each person injured, the extent and nature of the injury suffered, the names and residences of the principal witnesses and the name and residence of the examining physician, if any. Said records shall be kept on file at the police station, and where the village may be involved a copy of said record shall be sent forthwith to the village attorney. F. Park District Rules: All officers may enforce the laws, ordinance, rules and regulations of the Oak Brook Park District within the corporate limits of e Village, and sign and file complaints for any violations thereof. in accordance with, and pursuant to, that certain Intergovernmenta Agreement Between the Village of Oak Brook and the Oak Brook Park Park Property. dated June 14, 1994." Section 3: Severability. If any provision of this Ordinance or part hereof 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. Ordinance 2015-PD-OF-OBPKD-G-1054 Amending Section 3-1-5 of the Village Code Page 3 of 3 APPROVED THIS 14th day of July, 2015. Gopal G. Lalmalani Village President PASSED THIS 14th day of July, 2015. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk