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G-1127 - 03/27/2018 - 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 March 27, 2018 SUBJECT: Ordinance to Amend sections of the Village Code available for Administrative Adjudication and raising the minimum general penalty. FROM: James R. Kruger Jr., Chief of Police BUDGET SOURCE/BUDGET IMPACT: None RECOMMENDED MOTION: I move that the Village Board approve Ordinance 2018- CD-PD-FEE-G-1127 making multiple changes to the Oak Brook Village Code regarding ordinance violations. Background/History: The Police Department has been utilizing local adjudication for the past seven years for administrative towing, many ordinance violations and petty offenses where allowed. This has been very successful with curtailing administrative costs of court overtime, court travel, as well as increased potential fine revenue. As the we examined our local adjudication program and spoke with our local prosecutor we found several sections that would be advantageous to add to the program as well as some inconsistencies in our current code fine structure causing some difficulty. Some were higher than allowed, some were lower. There has also been new state legislation pertaining to juvenile record expungement and decriminalization of cannabis that would make local adjudication more advantageous. Working with the Village Attorney, we standardized the Village fine structure to make consistent. We are also recommending the general penalty minimum fine be raised to $250 from $100, where no specific fine is enumerated in the code. Below is a condensed list of the proposed changes in the proposed ordinance: •Increase the minimum fine listed in 1-3-1A from $100 to $250. Agenda Item 6.D.1 BOT AGENDA Page 2 •4-1-23F1 Alcohol Age Restriction – Add: A violation of 4-1-23F1 shall be treated as an infraction, and shall, upon conviction, be punishable as set forth in section 1-3-1 of this code. •6-1-14 Public Indecency – Amend fine to maximum permitted under 1-3-1A. •6-1-17B Curfew – Amend fine to 1-3-1A. •6-1-17C Social Hosting – Amend fine to maximum permitted under 1-3-1A. •6-2 Animals – Amend Fine to 1-3-1A. •4-2 Taxicabs – Amend fine to 1-3-1A. •4-10 Limousines – Amend Fine to 1-3-1A. The following ordinances to be added to the Administrative Adjudication process in 1- 15-4 Violations Subject to Administrative Adjudication: •4-4A Commercial Solicitation •4-4B Non Commercial Solicitation •4-6 Tobacco Recommendation: Staff recommends that the Village Board approve Ordinance 2018-CD-PD-FEE- G-1127. ORDINANCE 2018-CD-PD-FEE-G-1127 AN ORDINANCE MAKING MULTIPLE CHANGES TO THE OAK BROOK VILLAGE CODE REGARDING ORDINANCE VIOLATIONS WHEREAS, a number of Sections of the Village Code of Ordinances of the Village of Oak Brook deal with Ordinances relating to violations that are generally enforced by the Police Department and relate to the power of a non-home rule unit to create Ordinances governing a series of actions which are either prohibited in whole or regulated and many of which result in administrative adjudication rather than hearings in the Circuit Court; and WHEREAS, the Village of Oak Brook maintains a Code of Ordinances which is both available for review at the Village Hall and can be accessed through the Village’s website; and WHEREAS, the Village Code is maintained and updated through Sterling Codifiers; and WHEREAS, the most effective way to amend a variety of Code provisions is through an Ordinance specifying the sections of the Code which are being amended and the specific changes being made; and WHEREAS, the Village has reviewed the minimum fine assessed for a variety of Code offenses in Oak Brook with the fine established in other municipalities, and it has been concluded that the minimum fine should be increased from $100.00 to $250.00; and WHEREAS, the Village has concluded that a number of Code violations shall be processed using the Administrative Adjudication process; and WHEREAS, this Ordinance will effectuate a number of other changes to the Oak Brook Village Code and in each case the specific title and Section of the Code will be specified. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows: 2018-CD-PD-FEE-G-1127 Multiple Ordinance Violations Changes Police Department Page 2 of 4 2 SECTION 1. In Title 1, Administration: Section 1-3-1(A), the minimum fine currently listed as $100.00 shall be increased to $250.00. SECTION 2. In Title 4, Business and License Regulations: Section 4-1-23(F)1 Age Restrictions shall have added the following sentence “A violation of 4-1-23(F)(1) shall be treated as an infraction, and shall, upon conviction, be punishable as set forth in Section 1-3-1A of this code.” SECTION 3. Title 6, Police Regulations: Section 6-1-4, Public Indecency. Subsection (c) shall be amended to read “A person convicted of the offense of public indecency shall be fined not less than $750.00 for each offense and may be enjoined from continuing the conduct determined to be public indecency.” SECTION 4. Title 6, Police Regulations: Section 6-1-17(B) Curfew for Minors. Subsection 5 shall be amended to read “Violation; Penalty: any person convicted of a violation of subsection B1 of this Section, shall be fined upon conviction two hundred fifty dollars ($250.00) for the first violation in any twelve (12) month period; four hundred dollars ($400.00) for a second violation in any 12-month period; and seven hundred fifty dollars ($750.00) for a third or subsequent violation in any twelve (12) month period.” SECTION 5. Title 6, Police Regulations: Section 6-1-17(C) Social Hosting. Subsection 4 shall hereafter read as follows: “Violation; Penalty: any person who violates subsection C2 of this Section shall be fined the maximum amount permitted in Section 1-3-1A of this code.” SECTION 6. Title 6, Police Regulations: Amend Title 6. Section 6-2-10 Animal Control, Penalties: shall hereafter read as follows: “Any person convicted of a violation of any provision of this chapter shall be subject to the penalties contained within Section 1-3-1A.” 2018-CD-PD-FEE-G-1127 Multiple Ordinance Violations Changes Police Department Page 3 of 4 3 SECTION 7. Title 4, Business and License Regulations; Taxicabs; Section 4-2-13. Business and Licenses. Penalties: shall hereafter read as follows: “Any person convicted of a violation of any provision of this chapter shall be subject to the penalties contained within Section 1-3-1A.” SECTION 8. Title 4, Business and License Regulations: Limousines; Section 4-10-11 shall hereafter read as follows: Penalties: Section 4-10-11A. Any person convicted of a violation of any provision of this chapter shall be subject to the penalties contained within Section 1-3-1A. SECTION 9. Title 7, Motor Vehicles and Traffic. Shall be amended in that Section 7-1-1430 dealing with U-turns shall be deleted. SECTION 10. Title 1, Administration. Section 1-15-4: VIOLATIONS SUBJECT TO ADMINISTRATIVE ADJUDICATION shall be amended in that the following additional violations of this Code subject to administrative adjudication under this chapter and being added with the additional letter designation shall be: H. Those set forth in title 4, Section 4-4A Commercial Solicitation. I. Those set forth in Title 4, Section 4-4B Non-commercial solicitation. J. Those set forth in Title 4, Section 6. Tobacco. SECTION 11. All of the modifications and amendments in this Ordinance shall be modifications to the Code of Ordinances of the Village of Oak Brook and shall be modified in the official copy of the Code of Ordinances in the office of the Village Clerk and shall be codified by Sterling Codifiers in accordance with their procedures. SECTION 12. This Ordinance shall be in full force and effect after its passage, approval and publication in pamphlet form as provided by law. 2018-CD-PD-FEE-G-1127 Multiple Ordinance Violations Changes Police Department Page 4 of 4 4 APPROVED THIS 27th day of March, 2018. ____________________________ Gopal G. Lalmalani Village President PASSED THIS 27th day of March, 2018. ATTEST: __________________________ Charlotte K. Pruss Village Clerk 4840-5819-2990, v. 1 Ayes: _______________________________________________ Nays: ________________________________________________ Absent:______________________________________________