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G-1140 - 12/11/2018 - VILLAGE CODE - Ordinances Supporting DocumentsBOT AGENDA Page 1 BOARD OF TRUSTEES MEETING SAMUEL E. DEAN BOARD ROOM BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of December 11, 2018 SUBJECT: Ordinance to Amend sections of the Village Code for unauthorized use of parking places for electric vehicles and setting the penalty consistent with state law. FROM: James R. Kruger Jr., Chief of Police BUDGET SOURCE/BUDGET IMPACT: None RECOMMENDED MOTION: I move that the Village Board approve Ordinance 2018- TC-PK-G-1140 making multiple changes to the Oak Brook Village Code regarding the parking in a space for charging electric vehicles. Background/History: The Village has allowed the installation of electric vehicle charging stations at several locations on Village property to include the Butler Government Center, Library, Bath and Tennis, and Golf Course. Besides those located on public property, there have been several that are now made available to the public in commercial and retail areas as well. The Illinois General Assembly passed 625 ILCS 5/11-1308: “Unauthorized use of parking places reserved for electric vehicles” effective January 1, 2016 which also requires a minimum fine of $75 and the allowanced of a fine set by a municipality up to $100. The attached recommended ordinance adds this section to the Village Code as well as set the fine at $100 with a compromise fine of $75 if paid within ten days, consistent with our other parking violations of reducing the fine $25 for prompt payment. Recommendation: Staff recommends that the Village Board approve Ordinance 2018-TC-PK-G-1140. ITEM 8.C.3 ORDINANCE 2018-TC-PK-G-1140 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 7 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS REGARDING UNAUTHORIZED USE OF ELECTRIC VEHICLE PARKING SPACES 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, pursuant to Chapter 1 of Title 7 of the Village Code of the Village of Oak Brook, Illinois, the Village regulates the parking of motor vehicles in certain locations for the health, safety and general welfare of the Village; and WHEREAS, electric vehicle charging stations designated for use by electric vehicles are located on private and public off-street parking facilities in the Village and serve as a commonly used source of power for such vehicles; and WHEREAS, the Village President and Board of Trustees have determined that it is in the best interest of the Village and its residents to ensure electric vehicle charging stations remain available only for use by electric vehicles so that drivers of such vehicles have access to the resources required for operation of the vehicles under the specifically defined and limited circumstances set forth herein. 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 Title 7, Chapter 1 of the Village Code. Chapter 1, entitled “Traffic Control,” of Title 7, entitled “Motor Vehicles and Traffic,” of the Village Code shall be amended further by adding a new Section 1308 as follows: 7-1-1308: Unauthorized Use of Parking Places Reserved for Electric Vehicles It shall be prohibited to park a non-electric vehicle in an electric vehicle charging station designated for use by electric vehicles, including an electric vehicle charging station on any private or public off street parking facility. A person may park only an electric vehicle in an electric vehicle charging station space designated for use by electric vehicles. Section 3: Amendment to Title 7, Chapter 1 of the Village Code. Subsection B of Section 1320, entitled “Parking Fines,” of Chapter 1, entitled “Traffic Control,” of Title 7, entitled “Motor Vehicles and Traffic,” of the Village Code shall be amended further as follows (additions shown in bold and double-underline; deletions shown struck-through): B. Any person may settle and compromise a violation notice issued pursuant to subsection A of this section 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 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 shall not apply to any violation notice issued for violating section 7-1-1301.1 and 7-1-1308 of this chapter. Ordinance 2018--TC-PK-G-1140 Amending Portions of the Traffic Control Ordinance for Electric Vehicle Spaces Page 2 of 2 2 Section 4: Amendment to Title 7, Chapter 1 of the Village Code. Section 1320, entitled “Parking Fines,” of Chapter 1, entitled “Traffic Control,” of Title 7, entitled “Motor Vehicles and Traffic,” of the Village Code shall be amended by adding a new Subsection D as follows: D. Any person, may settle and compromise a violation notice issued pursuant to section 7-1-1308 of this chapter by paying to the Village a fee of one hundred dollars ($100.00) 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 shall be reduced to seventy five dollars ($75.00) if the fee is paid no later than ten (10) days from the date that the violation notice was issued. 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. APPROVED THIS _______ day of _________, 2018 ____________________________ Gopal G. Lalmalani Village President PASSED THIS __________ day of _________, 2018 Ayes: ___________________________________________________________ Nays: ___________________________________________________________ Absent: __________________________________________________________ ATTEST: _____________________________________ Charlotte K. Pruss Village Clerk 4842-7368-7426, v. 1