G-963 - 02/14/2012 - POLICE DEPT. - OrdinancesORDINANCE 2012- PD -OF -G -963
AN ORDINANCE AMENDING THE OAK BROOK VILLAGE CODE TO EXPAND
THE TYPES OF CODE VIOLATIONS ADJUDICATED BEFORE THE
CODE HEARING DEPARTMENT AND ADOPTING AN ALTERNATIVE
SETTLEMENT FOR CERTAIN TYPES OF VEHICLE VIOLATIONS
WHEREAS, pursuant to Section 1- 2.2 -10 of the Illinois Municipal Code, 65 ILCS 511- 2.2 -10, the
Village has the authority to create a code hearing department to adjudicate certain violations of the
Village Code; and
WHEREAS, the Village created a code hearing department to provide for the fair and efficient
enforcement of Village ordinances and regulations; and
WHEREAS, the Village Board has determined that allowing for additional types of code violations
to be adjudicated before the Village's code hearing department will benefit Village residents by providing
an effective and efficient alternative to adjudicating code violations before the state circuit courts; and
WHEREAS, expanding the Village's authority to adjudicate certain types of ordinance violations
before the Village's code hearing department does not preclude the Village from adjudicating code
violations before the state circuit courts; and
WHEREAS, the Village Board has determined that allowing persons charged with certain types of
traffic and vehicle violations the opportunity to quickly settle citations better enables to the Village to
collect fines and avoids the costs of having to adjudicate many of these citations; and
WHEREAS, the Village Board has determined that it will serve and be in the best interests of the
Village to amend the Village Code pursuant to this Ordinance;
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: Amendment to Section 1 -154. Section 1 -15-4, titled "Violations Subject to
Administrative Adjudication" of Chapter 15, entitled "Code Hearing Department," of the Village Code shall
be amended further, and shall read as follows:
"1 -15-4: VIOLATIONS SUBJECT TO ADMINISTRATIVE ADJUDICATION:
Violations of this code subject to administrative adjudication under this chapter shall be:
A. Those set forth in subsection 4- 1 -23F1 of this code, "unlawful possession and
consumption by persons underage "; and
B. Those set forth in sections 6 -1 -1 through 6 -1 -18 in Title 6, Chapter 1, "Miscellaneous
Offenses," of this code;
C. Those set forth in sections 6 -2 -1 through 6 -2 -12 in Title 6, Chapter 2, "Animal
Control," of this code;
Ordinance 2012- PD -OF -G -963
An Ordinance Amending the Offense Adjudicated
Before the Code Hearing Department
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D. Those set forth in sections 6 -3 -1 through 6 -3 -7 in Title 6, Chapter 3, "Automatic
Burglar Alarms," of this code; and
E. Those set forth in sections 7 -1 -100 through 7 -1 -1431 in Title 7, Chapter 1, 'Traffic
Code," of this code, including the provisions of the Illinois Vehicle Code, 625 ILCS 5/1 et
seq. that are adopted into the Village code by reference, for which a court appearance is
not required pursuant to Illinois Supreme Court Rule 551, are not classified as traffic
violations governing the movement of vehicles, and are not reportable offenses under
Section 6 -204 of the Illinois Vehicle Code, 625 ILCS 5/6- 204."
Section 3: Amendment to Chapter 1 of Tile 7. Chapter 1 of Tile 7, entitled 'Traffic Code ", of
the Village Code shall be amended to add a new 7- 1-401, which shall read as follows:
"7- 1-401: ALTERNATIVE PENALTIES; COMPLIANCE WARNING TICKETS:
A. Any person, pursuant to the issuance of a compliance warning ticket, who is accused
of a violation of certain sections of this Title as hereinafter described may settle and
compromise that ticket by paying to the Village a fee of fif(y dollars ($50.00) within ten
(10) days from the date that such alleged violation was committed or by paying to the
Village the sum of seventy-five dollars ($75.00) subsequent to said ten (10) day period
and prior to thirty (30) days thereafter. This section 7 -1401 shall not apply to any
offense for which a court appearance is required pursuant to Article 551 of the Illinois
Supreme Court Rules, that is classified as a violation governing the movement of
vehicles, is a reportable offense under Section 6 -204 of the Illinois Vehicle Code, 625
ILCS 5/6 -204, or is a violation of section 7 -1- 1301.1, "Parking Spaces for Persons with
Disabilities ", of this code.
B. The issuance of compliance warning citations shall be at the discretion of the issuing
police officer in lieu of instituting a prosecution in court for the alleged offense. If the
person accused of the violation does not settle the claim, a notice to appear, as
proscribed in Title 1, Chapter 15, "Code Hearing Department," of this code, will be issued
for the violation and that person shall be subject to the general penalties set forth by the
applicable ordinances of Oak Brook.
C. The following violations of the Illinois Vehicle Code, 625 ILCS 5/1 et seq., as adopted
by reference herein, shall be subject to the alternative penalty compliance procedures
described in this section 7- 1-401:
Section of the
Illinois Vehicle
Code
Violation
3-404
No bill of lading or manifest/dispatch record
3- 411(a)
Failure to carry registration card or reciprocity permit -
second division vehicle
3-413 a & b
Improper display of license plates
3-413
Operation of vehicle with expired registration plate or sticker
3- 417(a)
Failure to immediately apply for replacement registration
card late or sticker
3-701(l)
No valid registration - no valid late or sticker obtained
3 -701 2
No valid registration - reciprocity, prorate or apportionme nt
t The descriptions of the violations listed below are for ease of reference only, and each respective
violation is fully set forth in the corresponding provision of the Illinois Vehicle Code.
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An Ordinance Amending the Offense Adjudicated
Before the Code Hearing Department
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5 -201 h
No in- transit plates
5-202(e)
Failure to display the requisite tow -truck plates
11 -1406
Obstruction to driver's view or control
11 -1407
Improper
opening of door into traffic
11 -1410
Coasting
on downgrade
11 -1411
Following fire apparatus
11- 1419.01
Failure to display Illinois Motor Fuel Tax Identification Card
11- 1419.02
Failure to display external Illinois Motor Fuel Tax
Identification device
11-1507(a)
Operation of bicycle without lamp and reflector
11- 1507.1
Operation of motorized pedacycle without lamp and
reflector
12 -101 a
Operation of vehicle with unsafe equipment
12-201(a)
Operation of motorcycle without lighted headlamp
12- 201(b)
Driving vehicles without two lighted headlamps and tail
lamps when required
12-201(c)
No white rear registration light
12 -202(a & b)
Insufficient clearance, identification or side marker lamps
and reflectors - second division vehicle
12- 203(a)
Failure to use parking lights while vehicle is standing on
highway
12 -204
Improper lamp or flag on projecting load
12 -205
Improper use of lamps on towing and towed vehicles
12-207(a)
Improper use of more than ones of lam
12-207(b)
Improper use of more than three auxiliary driving lamps
12-208(a)
No stop signal lamp or device
12-209(c)
Defective backup lights
12- 210(a)
Failure to dim headlights /auxiliary driving lamps within 500
feetonapproac h of vehicle
12- 210(b)
Failure to dim headlights /auxiliary driving lamps within 300
feet of vehicle in same direction
12- 211(a)
Improper lighting on vehicles other than motorcycles - only
one headlamp
12- 211(b)
Improper use of more than four lighted headlights /auxiliary
driving lamps
12-212(a)
Improper use of red light visible from front of vehicle
12-212(b)
Unlawful use of flashing lights
12 -215
Unlawful use of oscillating, rotating or flashing lights
12 -301
Use of defective brakes
12 -401
Unlawful use of metal studded tire or other prohibited tire
restrictions
12-405(d)
Use of unsafe tire
12 -501 a
Operation of vehicle without windshield
12 -502
Operation of vehicle without rear reflecting mirror
12-503(a)
Obstructed view of windshield
12 -503 (a- 5) &(b)
Unlawful application of tinted film to window(s) immediately
adjacent to driver
12- 503(c)
Obstructed view of any window by stationary or suspended
object (s)
12- 503(d)
Operation of vehicle without windshield cleaning device;
operation of vehicle with view obstructed by snow, ice or
moisture
Ordinance 2012- PD -OF -G -963
An Ordinance Amending the Offense Adjudicated
Before the Code Hearing Department
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12- 503(e)
Obstructed view due to defective condition or repair of any
window
12 -601 a
Operation of vehicle with defective horn
12 -601 b
Unlawful possession or use of siren
12 -602
Operation of vehicle with defective or modified exhaust
system
12- 603(b)
Operation of vehicle without two front seat safety belts -
vehicles of 1965 or later model years
12 -603.1
Failure to use seat safety belt
12-604(a)
Operation of vehicle with television receiver visible to driver
12 -606
(a)
(b)
(c)
(d)
Operation of tow truck without:
Identifying sign attached on each side
Required equipment - one broom, shovel, trash can and fire
extinguisher
Removing roadway debris and spreading dirt or sand on
oil /grease deposits
Insurance policy in cab
12- 607(a)
Operation of vehicle with unlawfully altered vehicle
suspension system - body lifted in excess of three inches
from chassis
12- 607.1(a)
Operation of first division vehicle with frame in excess of 22
inches above ground
12- 607.1(b)
Operation of second division vehicle with frame in excess of
,specified limits above ground
12- 608(a)
Operation of vehicle with a gross vehicle weight rating
(GVWR) of 9000 pounds or less or a recreational vehicle
without two bumpers
12-608(a)
Operation of vehicle with unlawful bumper height
12-610(a)
Operation of vehicle while wearing headset receiver
12- 702(a)
Operation of second division vehicle without carrying
flares/warning devices
12- 702(c, d, e, f,
Failure to use flares/warning devices when secondary
division vehicle is disabled
12 -703
Vehicles for oiling roads operated on highways
12 -710
Improper or no rear fenders lash guards
12 -711
Operation of garbage truck, roll -off hoist or roll -on container
without audible backing warning system
12 -806
Failure to cover school bus sign
12 -808
Operating school bus without fire extinguisher
12 -809
Operating school bus without first aid kit
15 -101
Improper size, weight and /or load
15 -102
Im ro erwidth
15 -103
Improper height
15 -105
Load projecting in any excess beyond left fenders or six
inches beyond right fenders of first division vehicle
15 -106
Failure to fasten loose projecting member
15 -107
Improper length of vehicle
15 -108
Failure to plank edge of pavement for any vehicle in excess
of 8000 pounds
15-109(a)
Spilling load on highway
15- 109(b)
Operating loaded vehicle without securely fastened
coverin
15 -109.1
O eratin second division vehicle with load failing, blowin
Ordinance 2012- PD -OF -G -963
An Ordinance Amending the Offense Adjudicated
Before the Code Hearing Department
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Section 4: Amendment to Section 7 -1 -1320. Section 7 -1 -1320, entitled "Parking Fines" of
Chapter 1, "Traffic Code," of this code, shall be amended further, and shall read as follows:
"If said payments are not made within the time periods and in the amounts as prescribed
above, the police department is authorized to issue appropriate summonses, warrants or
notices to appear so as to commence proceedings either before the Oak Brook Code
Hearing Department if authorized by section 1 -15-4 of this code, or in the circuit court for
the eighteenth judicial circuit, DuPage County, Illinois, and proceed with the matter in the
same manner as other violations of this title pursuant to the penalty provisions set forth in
the applicable section, or where no penalty is specifically set forth, pursuant to the
general penalty provisions of section 1 -3 -1 of this code.
Section 5: 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 6: 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.
[SIGNATURE PAGE FOLLOWS]
or dropping to hi hwa
15 -111
Exceeding wheel and axle loads and gross weights
15 -112
Failure to submit to vehicle and load weighing
15 -301
Failure to have permits for excess size and weight
15 -316
Use of vehicle on highway restricted by village ordinance
18C- 4701(a)
Operating without trade name, license and registration
number of carrier painted or affixed to both doors of power
unit "
Section 4: Amendment to Section 7 -1 -1320. Section 7 -1 -1320, entitled "Parking Fines" of
Chapter 1, "Traffic Code," of this code, shall be amended further, and shall read as follows:
"If said payments are not made within the time periods and in the amounts as prescribed
above, the police department is authorized to issue appropriate summonses, warrants or
notices to appear so as to commence proceedings either before the Oak Brook Code
Hearing Department if authorized by section 1 -15-4 of this code, or in the circuit court for
the eighteenth judicial circuit, DuPage County, Illinois, and proceed with the matter in the
same manner as other violations of this title pursuant to the penalty provisions set forth in
the applicable section, or where no penalty is specifically set forth, pursuant to the
general penalty provisions of section 1 -3 -1 of this code.
Section 5: 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 6: 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.
[SIGNATURE PAGE FOLLOWS]
APPROVED THIS 14th day of February, 2012.
Gopal G. LalhtaY
Village President
PASSED THIS 14th day of February, 2012.
Trustees Akt
None
Ordinance 2012- PD -OF -G -963
An Ordinance Amending the Offense Adjudicated
Before the Code Hearing Department
Page 6 of 6
, Manzo, Moy, Wolin, Yusuf and Zannis
ATT ST-
/ �a
Charlotte K. Pruss
Village Clerk