G-1000 - 05/28/2013 - POLICE DEPT. - Ordinances Supporting DocumentsITEM 6.17.2)
9X
AGENDA ITEM
Regular Board of Trustees Meeting
of
May 28, 2013
SUBJECT: Limousine Violations to Administrative Adjudication
FROM: James R. Kruger, Chief of Police
BUDGET SOURCE/BUDGET IMPACT: None
RECOMMENDED MOTION: Move to approve amending Title 1, Chapter 15, Section 4,
Violations Subject to Administrative Adjudication to include Title 4, Chapter 10, Sectons 1
through 11 Limousine Licensing.
Background/Ilistory:
The Village Board approved an ordinance to allow for the administrative adjudication process
for Village ordinance violations pertaining to taxicabs on April 23, 2013. There was an
administrative oversight that limousines were in a separate chapter. The Police Department
requests the Board approve the amendment to add limousines as was intended.
Police Department Community Service Officers are primarily responsible for issuing citations
for unlicensed cabs and limousines. Currently those citations must go to Addison Field Court.
This requires off duty CSO's to be compensated for attending court, or the on duty CSO to leave
the Village for one to two hours during a busy time of the day. Administrative Adjudication
eliminates those issues while allowing the Police Department to be more efficient and reduce
costs. This would also allow enforcement activities to be more consistent with the way in which
other violations are processed.
Recommendation:
The Police Department Staff recommends amending Title 1, Chapter 15, Section 4 to include
Title 4, Chapter 10 Sections 1 through 11, so that Village ordinance citations written for
limousine licensing violations can be processed through administrative adjudication.
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ORDINANCE 2013 -PD- LIMO -OF- ADJUD -G -1000
AN ORDINANCE AMENDING THE OAK BROOK VILLAGE CODE TO ALLOW FOR
VIOLATIONS OF THE VILLAGE LIMOUSINE REGULATIONS TO BE ADJUDICATED BEFORE
THE VILLAGE CODE HEARING DEPARTMENT
WHEREAS, pursuant to Section 1- 2.2 -10 of the Illinois Municipal Code, 65 ILCS 5/1- 2.2 -10
( "Municipal Code'), 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, Section 11 -42-6 of the Municipal Code, 65 ILCS 5/11 -42 -6, provides the Village the
authority to license, tax, and regulate limousines; and
WHEREAS, pursuant to the Municipal Code, the Village has adopted regulations and licensing
requirements for limousines operated within the Village in Chapter 10, of Title 4, of the Village Code of the
Village of Oak Brook, Illinois ( "Village Code'), in order to protect the safety and welfare of the Village's
residents and those passing upon the Village's streets and ways (collectively, "Limousine
Regulations'; and
WHEREAS, the Village Board has determined that allowing persons charged with violating the
Limousine Regulations the opportunity to have the violations adjudicated before the Village's code
hearing department instead of in court will better enable the Village to collect fines and avoid the costs of
adjudicating these violations in court, and will provide those cited for violating the Limousine Regulations
a more efficient adjudication process; 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 -15-4 of the Village Code. Section 4, entitled "Violations
Subject to Administrative Adjudication" of Chapter 15, entitled "Code Hearing Department," of Title 1,
entitled "Administration," 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:
Ordinance 2013- PO- LIMO- OF- ADJUD -G -1000
Adjudication of Limousine Regulations
Page 2 of 3
E. Those set forth in sections 7 -1 -100 through 7 -1 -1431 of this code, including the
provisions of the Illinois vehicle code, 625 Illinois Compiled Statutes 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 Illinois Compiled Statutes 5/6 -204; and
F. Those set forth in Chapter 2, entitled 'Taxicabs," of Title 4 of this code.-Lod
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Section 3: Amendment to Section 4 -10 -11 of the Village Code. Section 11, entitled
"Penalties," of Chapter 10, entitled "Limousines," of Title 4, entitled 'Business and License Regulations,"
of the Village Code shall be amended further, and shall read as follows:
"4 -2 -13: PENALTIES
A. Penalties for violation of this chapter shall be a fine of not less than one hundred dollars
($100.00) nor more than seven hundred fifty dollars ($750.00). Every day that a violation exists
shall constitute a separate and distinct offense.
B. Notwithstanding the imposition of the fines aforesaid, any license issued pursuant to this
chapter shall be subject to suspension or revocation by the commissioner for the same
violation that resulted in the imposed fine."
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.
[SIGNATURE PAGE FOLLOWS]
APPROVED THIS 28th day of May, 2013.
PASSED THIS 28th day of May, 2013.
Ordinance 2013- PD- LIMO -OF- ADJUD -G -1000
Adjudication of Limousine Regulations
Page 3 of 3
Gopal G. Lalmalani
Village President
ATTEST:
Charlotte K. Pruss
Village Clerk