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G-1020 - 02/11/2014 - TRAFFIC - Ordinances Supporting Documents ITEM I O.B.1) OF 4qK X90 NJ 0 V G p 4�F courisv,`�.. AGENDA ITEM Regular Board of Trustees Meeting of February 11, 2014 SUBJECT: Traffic Enforcement Agreement with Briarwood Lakes FROM: James R. Kruger, Chief of Police f- T�7 BUDGET SOURCE/BUDGET IMPACT: None RECOMMENDED MOTION: Move to approve Ordinance 2014-TC-CTRL-G-1020 amending Title 7, Chapter 6 of the Oak Brook Code or Ordiances Background/History: The Village and the Briarwood Lakes Homeowners Association had entered into an agreement for the Village to provide for special police enforcement of certain traffic codes, namely speed enforcement in the past. The last agreement expired several years ago and the board of the Association had been working to renew the agreement for some time. Upon examination of the old agreement and discussions between the Chief of Police and the Association President it was determined that the Association was in effect wishing for standard police services as any other residential community within the Village to enhance traffic safety and in turn public safety of the residents. The Chief then brought forward the idea of an Enabling Ordinance as provided for by the Illinois Vehicle Code in Section 6251LCS5/11-209.1. This statute simplifies the process by allowing for the enforcement of the Illinois Vehicle Code on private property upon the request of the property owner and the passage of the proposed Enabling Ordinance. The Association President is in agreement with this proposal and sent a letter requesting the same. The state statute sets most of the requirements of the agreement and the legal authority for Oak Brook Police Officers to treat the private roadway as any other street without creating any special duty. It is suggested that this type of request and subsequent ordinance be used for other communities within the Village as well upon request. Recommendation: Request the Village Board pass the attached ordinance to allow for the enforcement of the Traffic Code and appropriate access to Briarwood Lakes. r11 Last saved by James R Kruger Jr C:\Documents and Settings\jkruger\My Documents\Village Doard Reports\Briarwood Traffic 021114.docx Last printed 2/3/2014 4:07 PM (625 ILCS 5/11-209.1) (from Ch. 95 1/2, par. 11-209.1) Sec. 11-209.1. Powers of local authorities-enforcing the provisions of this Code on private streets and roads. (a) Any person or board of directors owning, operating or representing a residential subdivision, development, apartment house or apartment project; containing a minimum of 10 apartments or single family residences may file a written request, with the appropriate local authority wherein such property is situated, requesting their law enforcement agency enforce the provisions of this Code on all private streets or roads open to or used by the tenants, owners, employees or the public for the purposes of vehicular traffic by permission of such person or board of directors and not as a matter of public right. Notwithstanding Section 1-126 and Section 1-201 of this Code, if the local authority grants such request by the adoption of an enabling ordinance then all such private streets or roads shall be considered "highways" only for the enforcement purposes of this Code. (b) All regulations adopted and traffic control devices employed by a local authority in the enforcement of this Code on such streets or roads within any private area, pursuant to this Section, shall be consistent with the provisions of this Code and shall conform to the Illinois Manual on Uniform Traffic Control Devices. A local authority may require that any person who files a request for the installation of traffic signs pay for the cost of such traffic signs. Such traffic signs shall be in conformity with Section 11-604 of this Code. (c) Any person or board of directors which has filed such a request under this Section, may rescind that request by filing with the appropriate local authority a written request for such rescission. Upon receipt of the written request, the local authority shall subsequently repeal the original enabling ordinance. Such repeal shall not take effect until the first day of January following any such action by the local authorities. However, no such rescission request may be filed within 12 months of the date of the original written request. (d) The filing of a written request or the adoption of the enabling ordinance under this Section in no way constitutes a dedication to public use of any street, road, driveway, trail, terrace, bridle path, parkway, parking area, or other roadway open to or used by vehicular traffic, nor does it prevent such person or board of directors, as owners of such property, from requiring additional regulations than those specified by the local authorities or otherwise regulating such use as may seem best to such person or board of directors as long as they do not conflict with the powers granted to local authorities under Section 11-208 of this Code. (e) This amendatory act of 1972 is not a prohibition upon the contractual and associational powers granted by Article VII,Section 10 of the Illinois Constitution. (Source: P.A. 86-521.) 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") 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 9nd 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: Regulation 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 IN S14OPPING CENTERS ON PRIVATE PROPERTY: A Oak Brook Center. The provisions of this title shall be applicable to that property generally known as the Oak Brook shopping center as more specifically Additions are bold and double-underlined; deletiGR6 aFe 6tFUGk thmugh-. • • • ! ! • 1 r. • • • 1 r. • • • me ._ r. • • • 1 rM •. r. • • • • 1 ._ r, • • • ' 11 •. 1 . 1 ► • 1 . 1 1 . � 1 1 . 1 11 •. 11 - • rl 1 I • • 1 1 1 1 11 •. ii ill Wal 1 Wairoll ilm • • • 1 • 1 1 ' 1 ' r. • • • • 1111 1 _ • • 1 • 1 • 1 1 1 - • 1 • • 1 • • 1 1 11 1 1 •. 1 < 1 • • 1 1 •. r • 1 1 • 11 1 • 1 ' • • • 1 • 1 . 1 1 1 ' r. • • • • • • 1 1 " •. r. • • • • 1111 1 _ • • 1 • < 1 • 1 < 1 :• • 1 run, Mjj jTM:rJFTjr, • • • • 1111 1 • • 1 • , 1 • 1 1 1 romme , 1 • • 1 1 1 ' 1 1 ! 1 •. 1 1 • • • ! • 1 • • - 1 - • 1 1 • • 1 1 1 ' .. r. • • • • 11 11 1 • • 1 • ._ 1 • 1 ! - 1 ' • 1 , 1 1 1 ' 11 1 11 11 •. 11 • 1 • 111 111 1 1 . 11 ' 1 ! - • .. r 1 - • • •. 1 11 1 ! • 1 11 1 •. 1 r. • • ! • 1111 1 _ • • 1 • < 1 • 1 1 - 1 - • • • 1 • 11 •. 1 1 1 - 1 •. 1 • • ! • 1 • 1 • 1 1 - • • 1 1 • - 1 • • 1 1 1 : .. r. • • • • 1111 1 _ • • 1 • , 1 • 1 Ordinance 2014-TC-CTRL-G-1020 Amending Title 7 Page 3 of 4 Subsection 7-6-101.B.1 by filing a written request with the Village president; provided however- that no such rescission request may he falled prior to 12 months after the date that the Briarwood Lakes Community 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.B, which repeal will he effective on the January 1 immediately following the action by the Village President and Board of Trustees to repeal this Subsection 7-6- 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: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk #27386892_v3 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. [INSERT MAP] ., a AF , Pi- j � s. a.; �•.,, "'�,,...� 1 �r��yt V ��r ,htirm �„ 'trw � . s WF ... �} C { ��.,'� �✓ '� k II 7 }} I1 � r � WV :� ' PWR "" µ ON 11 4 v F 1 C� "" ` •, / t � '�� ! re r ��. • `€„ ;r= - V4 i { t,l v rV� N t� MR, I Y 4 P �,� 50 4z BRIARWOOD LAKES COMMUNITY ASSOCIATION One Briarwood Central • Oak Brook, Illinois 60523-8701 January 29, 2014 Chief James Kruger Oak Brook Police Department Oak Brook, IL 60523 T oar C hief Kruger: Thank you for your work in input on the proposed Traffic Enforcement Agreement between our Village and Briarwood Lakes. The final draft, proposed by the Village, is acceptable to our Association. Please convey our thanks to president Lalmalani, our Village Board and the village attorney for creating this Agreement, and our request that the proposed Village Ordinance be enacted to assist us in maintaining the safety of our private roadways in Briarwood Lakes, for everyone's benefit. Constantine P. Xinos president Constantine R Xinos COMMUNITY ASSOCIATION MANAGER 261.000297 REAL ESTATE MANAGING BROKER • 471.017752 (630) 222-1000 • FAX (630) 655-1505 email:briarwoodlakes@comcast.net www.briarwoodlakes.com Briarwood Lakes is an Illinois Not-For-Profit Corporation and Licensed(478.011779)Illinois Real Estate Broker Corporation