G-1020 - 02/11/2014 - TRAFFIC - Ordinances ORDINANCE 2014-TC-CTRL-G-1020
AN ORDINANCE AMENDING TITLE 7 (MOTOR VEHICLES AND TRAFFIC)
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
IN RELATION TO THE ENFORCEMENT OF TRAFFIC REGULATIONS
IN THE BRIARWOOD LAKES SUBDIVISION
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, Title 7 (Motor Vehicles and Traffic) of the Village Code of the Village of Oak Brook
("Village Code's regulates the movement and parking of vehicles within the Village; and
WHEREAS, pursuant to Section 7-1-100 (Adoption of Provisions of the Illinois Vehicle Code by
Reference) of Chapter 1 (Traffic Code) of Title 7 (Motor Vehicles and Traffic) of the Village Code, the
Village has adopted by reference the Illinois Vehicle Code, 625 ILCS 5/1-100 et seq. ("Vehicle Code"),
for enforcement within the corporate limits of the Village; and
WHEREAS, Section 11-209.1 of the Vehicle Code authorizes the President and Board of
Trustees to adopt an enabling ordinance, at the written request of any person or board of directors who
owns, operates, or represents a residential subdivision development within the Village containing a
minimum of 10 attached or detached single-family residences, authorizing the Village to enforce the
regulations of the Vehicle Code on certain private streets or roads under the control of such person or
board of directors; and
WHEREAS, the Briarwood Lakes Community Association ("Association") is the owner of certain
private roadways located within the Briarwood Lakes Subdivision within the Village, which private
roadways are described and depicted in Exhibit A attached to, and hereby made a part of, this
Ordinance (collectively, the "Private Roadways"); and
WHEREAS, the Association desires the Village to enforce the provisions of Title 7 of the Village
Code on its Private Roadways; and
WHEREAS, the President and Board of Trustees of the Village deem it advisable and in the best
interest and in furtherance of the general welfare of the citizens of the Village that Title 7 of the Village
Code be amended to authorize the Village to enforce the regulations of Title 7 on the Private Roadways;
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: Requlation of Traffic on Private Property. Section 7-6-101, "Regulation of Traffic
in Shopping Centers," of Title 1, "Traffic Code," of the Village Code is hereby amended further to read as
follows:
"7-6-101: REGULATION OF TRAFFIC ON PRIVATE PROPERTY:
A. Oakbrook Center Mall. The provisions of this title shall be applicable to that
property generally known as the Oakbrook Center Mall as more specifically
described in the agreement authorizing enforcement of such regulations dated
Ordinance 2014-TC-CTRL-G-1020
Amending Title 7
Page 2 of 4
September 13, 1994, as approved by the president and board of trustees of the
village, and as recorded in the office of the recorder of deeds of DuPage County,
Illinois, on October 12, 1994, as document R94-203627.
B. Briarwood Lakes Subdivision.
1. This Subsection 7-6-101.13 applies to the following private roadways
within the Briarwood Lakes Subdivision: Briarwood Avenue, Briarwood
Circle, Briarwood Central, Briarwood South, Briarwood Lane, Briarwood
Loop, Briarwood Pass, and Briarwood North (Permanent Parcel Nos. 06-
27-407-115, 06-27-407-116, 06-27-407-117, 06-27-407-120, 06-27-407-
122, 06-27-407-123, 06-27-203-056, 06-27-202-116, 06-27-202-117, 06-
27-202-118).
2. The Village shall enforce all of the regulations of this Title 7 within the
Briarwood Lakes Subdivision, but only to the extent and in the manner
set forth in this Subsection 7-6-101.B.
3. Where any owner or user of a vehicle shall use or permit the use of a
vehicle on the private roadways identified in Subsection 7-6-101.13.1 in a
manner contrary to the regulations of this Title 7, the Village will enforce
the regulations of this Title 7 against such person as if the action had
taken place on a public highway.
4. The Briarwood Lakes Community Association, or any successor in
interest thereto, shall, at its sole cost and expense, erect and maintain
any and all signs necessary for the enforcement of the regulations of this
Title 7 within the Briarwood Lakes Subdivision.
5. The Briarwood Lakes Community Association, or any successor in
interest thereto, shall not deny the Village access to the private roadways
identified in Subsection 7-6-101.13.1 or erect or maintain any gate or
other control device in a manner that prevents the Village from accessing
such private roadways to enforce the regulations of this Title 7. If the
Briarwood Lakes Community Association, or any successor in interest
thereto, violates this Subsection 7-6-101.13.5, then the Village shall have
no obligation to enforce any of the regulations of Title 7 on the private
roadways identified in this Subsection 7-6-101.13.1.
6. The Briarwood Lakes Community Association, or any successor in
interest thereto, shall, at its sole cost and expense, maintain general
liability insurance in the minimum amount of $2,000,000 that names the
Village as a party insured for any claims arising out of the enforcement
by the Village of the regulations of this Title 7 on the private roadways
identified in Subsection 7-6-101.B.1. During any time that the Briarwood
Lakes Community Association, or any successor in interest thereto, does
not maintain the insurance required by this Subsection 7-6-101.13.6, the
Village shall have no obligation to enforce any traffic regulations under
this Subsection 7-6-101.B.
7. The Briarwood Lakes Community Association, or any successor in
interest thereto, may rescind its request for the Village to enforce the
regulations of this Title 7 on the private roadways identified in Subsection
7-6-101.B.1 by filing a written request with the Village President;
provided, however, that no such rescission request may be filed prior to
12 months after the date that the Briarwood Lakes Community
Ordinance 2014-TC-CTRL-G-1020
Amending Title 7
Page 3 of 4
Association filed its written request for the Village to enforce the
regulations of this Title 7. After receipt of such rescission request, the
Village President and Board of Trustees will repeal this Subsection 7-6-
101.13, which repeal will be effective on the January 1 immediately
following the action by the Village President and Board of Trustees to
repeal this Subsection 7-6-101.B."
Section 3: 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 4: 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 February, 2014.
Gopal G. Lalmalani
Village President
PASSED THIS 11th day of February, 2014.
Ayes: Trustees Manzo, Moy, Wolin, Yusuf
Nays: None
Absent: Trustees Adler, Baar
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2014-TC-CTRL-G-1020
Amending Title 7
Page 4 of 4
EXHIBIT A
PRIVATE ROADWAYS
Briarwood Lane, Briarwood Loop, Briarwood Pass, Briarwood North and which are depicted on the map
below; Permanent Parcel Nos. 06-27-407-115, 06-27-407-116, 06-27-407-117, 06-27-407-120, 06-27-
407-122, 06-27-407-123, 06-27-203-056, 06-27-202-116, 06-27-202-117, 06-27-202-118.
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