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G-979 - 09/11/2012 - POLICE DEPT. - OrdinancesORDINANCE 2012- PD -OF -G -979 AN ORDINANCE AMENDING THE OAK BROOK VILLAGE CODE SECTIONS REGARDING COMPLIANCE WARNING TICKETS AND PARKING FINES WHEREAS, pursuant to Section 1- 2.2 -10 of the Illinois Municipal Code, 65 ILCS 5/1- 2.2 -10, the Village has the authority to create a code hearing department to adjudicate certain violations of the Village Code, and WHEREAS, Sections 7 -1-401 and 7 -1 -1320 of the Village Code of the Village of Oak Brook, Illinois ( "Village Code") allow persons who are issued compliance warning tickets and parking fines the opportunity to quickly settle these violations to better enable the Village to collect fines and to avoid the costs of having to adjudicate these citations either through the code hearing department or in the circuit court; and WHEREAS, to ensure compliance and conformance with all state laws, the Village Board has determined that Section 7 -1-401 of the Village Code should be amended, and WHEREAS, the Village purchased software from Municipal Systems, Inc. ( "MSIM) to administer the enforcement of local ordinance violations including, but not limited to, vehicle parking violations ( "Software"), and WHEREAS, Section 7 -1 -1320 of the Village Code provides for escalating fines for parking violations based on the number of citations issued to a particular vehicle owner within a 12 -month period; and WHEREAS, the Software does not allow the Police Department to issue escalating parking fines; and WHEREAS, the Village Board has determined that it will serve and be in the best interests of the Village to amend Section 7 -1 -1320 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 401, of Chapter 1, of Title 7 of the Village Code. Section 401, entitled "Alternative Penalties; Compliance Warning Tickets," of Chapter 1 of Title 7, entitled "Traffic Code ", of the Village Code shall be amended 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 making a payment to the Village in the amount of seventy -five dollars ($75.00) no later than thirty (30) days from the date that such alleged violation was committed. Notwithstanding the foregoing, any fee paid pursuant to this section shall be reduced to fifty dollars ($50.00) if the payment is made within ten (10) days from the date that the compliance warning ticket is issued. This section 7 -1-401 shall not apply to any offense for which a court appearance is required pursuant to Article 551 of the Ordinance 2012- PD -OF -G -979 An Ordinance Amending Village Code Sections Regarding Compliance Warning Tickets and Parking Fines Page 2 of 3 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 of this code, titled Parking Spaces for Persons with Disabilities." Section 3: Amendment to Section 1320 of Chapter 1 of Title 7 of the Village Code. Section 7 -1 -1320, entitled 'Parking Fines" of Chapter 1, entitled 'Traffic Code ", of the Village Code shall be amended further, and shall read as follows: 7-1 -1320: PARKING FINES: A. The police department is authorized to place violation notices on every vehicle parked in violation of this title and to cause summonses or warrants to be issued to commence prosecution against violators, except that the police department need not cause such proceedings to commence against any person for any violation of the provisions of this title if such person renders payment to the Village in accordance with subsection B and C of this section. If said payments are not made within thirty (30 days) from the date that notice of the alleged violation is issued and in the amounts as prescribed in subsection B and C of this section 7 -1 -1320, 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 18th 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. B. Any person may settle and compromise a violation notice issued pursuant to section 7- 1 -1320A of this code by paying to the Village a fee of fifty dollars ($50.00) no later than thirty (30) days from the date that the violation notice was issued. Notwithstanding the foregoing, any payment made pursuant to this subsection B shall be reduced to twenty - five dollars ($25.00) if the fee is paid no later than ten (10) days from the date that the violation notice was issued. This subsection B shall not apply to any violation notice issued for violating section 7 -1- 1301.1 of this code. C. Any person, may settle and compromise a violation notice issued pursuant to section 7 -1- 1301.1 of this code by paying to the Village a fee of two hundred fifty dollars ($250.00) no later than thirty (30) days from the date that the violation notice was issued. Section 4: 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 5: 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 11th day of September, 2012. Village President