G-979 - 09/11/2012 - POLICE DEPT. - Ordinances Supporting DocumentsITEM K r.2)
Kei'T �5��• Nc � a B p t i
AGENDA ITEM
Regular Board of Trustees Meeting
of
September 11, 2012
SUBJECT: Amendment to Ordinances G -963 — Alternative Penalties; Compliance Warning Tickets &
G- 935 — Parking Fines
FROM: James R. Kruger Jr., Chief of Police
BUDGET SOURCE/BUDGETTMPACT: N/A
RECOMMENDED MOTION: I move for Passage of Ordinance 2012- PD -OF -G -979, An Ordinance
Amending the Oak Brook Village Code Sections Regarding Compliance Warning Tickets and
Parking Fines.
BackEround/Histo
On February 14, 2012 the Village Board passed Ordinance 2012- PD -OF -G -963 authorizing the
implementation of a Compliance Warning Ticket Program for the purpose of enforcing specified
violations of the Illinois Vehicle Code as well as violations of the Village Code of Ordinances relative to
parking restrictions.
The fine for those violations of the Illinois Vehicle Code specified within ordinance G -963 is currently set
at $50. If that fine is not satisfied within 10 days, it automatically increases to $75. A recent court
decision precludes an increase in the amount of the fine without a hearing. It is, however, permissible to
issue the original fine at a higher rate and then discount that fine for a defined period of time.
The requested amendment to Ordinance G- 963sets the fine for those violations of the Illinois Vehicle
Code specified within the ordinance at $75. The fine may be satisfied at a discounted rate of $50 for a
period of 10 days from the date of issue. After that 10 day period the fine reverts to the issued amount of
$75.
The fine for those parking violations. specified Ordinance G -935, is currently set at $25 (with the
exception of handicapped parking violations which are:set by the State at $250). If the fine is not satisfied
within 15 days, it automatically increases to $50. This increase is no longer permissible without .a hearing.
The requested amendment to Ordinance G -935 sets the fine for all parking violations (with the exception
of handicapped parking, violations) at $50. The fine may be satisfied at a discounted rate of $25 for a
'1
period of 10 days from the date of issue. After that 10 day period the fine reverts to the issued amount of
$50.
The proposed amendments serve to define our current process in a manner that is consistent with
applicable case law without substantially changing our procedures. The proposed amendment will not
reducethe amount of fine collected.
Recommendation:
I recommend the Village Board pass this Ordinance 2012- PD- OF -G979, an Ordinance Amending
Ordinances 6-963 and G935.
ORDINANCE 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 ILLS 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 ( "VAlage 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 amend; and
WHEREAS; the Village purchased software from Municipal Systems, Inc. ( "MSI ") 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 Z Amendment to Section 401 of Chapter 1 of Tile 7 of the Village Code. Section
401, entitled' Alternative Penalties; Compliance Warning Tickets," of Chapter 1 of Tile 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 descdbed.may settle and
compromise that ticket by making a mwment paying to the Village a fee In the amount
Of ir#y seventy -five dollars ($69:00 75M within go later than thirty (30) days from the
date, that such, alleged violation was committed_ Notwithstanding the foregoing, any
Ordinance 2012 -PD -OF -0-979
An Ordinance Amending Village Code Sections.Regarding
Compliance Waming Tickets and Parking Fines
Page 2 o 4
6U069RUeMT �9 Sale EeA (W) GMY PeF1961 and PROF to thiFty (30) days theFea This
section 7 -1-401 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 of this
code, trtled'Parking Spaces for Persons with Disabilities."
Section 3: Amendment to Section 1320 of Chapter 1 of Tile 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
this section. If said payments are not made within the time periods arty t30 daysl
from the date that notice of the alley _d violation is Issued and in the amounts as
prescribed above In subsection 6 and C of this se .lien 7 -1.1 20, 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 14-1 of this code.
Ordinance 2012- PD -OF -G -979
An Ordinance Amending Village Code Sections Regarding
Compliance Warning Tickets and Parking Fines
Page 3 of 4.
Sec ' 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]
- IT FEWT
_ F
_
Y
Sec ' 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]
- IT FEWT
APPROVED THIS 11th dayof.September, 2012.
Ordinance 2012-PD-OF-C-979
An Ordinance Amending Village. Code sections Regarding
Compliance Warning Tickets and Parking Pines
Page 4 of 4
Gopal G. Lalmalani
Village President
PASSED THIS 11Th day of September, 2012.
ATTEST:
Charlotte K. Pruss
Village Clerk