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G-1033 - 09/23/2014 - TRAFFIC - Ordinances Supporting Documents ITEM 6.F.4 or Oqh. 4frekft.70,4- 00 z*cap.; e, 0047444) (4) V COUNS1,` AGENDA ITEM Regular Board of Trustees Meeting of September 23, 2014 SUBJECT: Traffic Enforcement Agreement with Heritage Oaks FROM: James R. Kruger, Chief of Police BUDGET SOURCE/BUDGET IMPACT: None RECOMMENDED MOTION: Move to approve Ordinance 2014-TC-CTRL-G-1033 amending Title 7, Chapter 6 of the Oak Brook Code of Ordinances Background/History: Heritage Oaks has requested to enter into an agreement with the Village to provide for police enforcement of the traffic the code. It was determined that the Association is 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 Police Department is bringing forward the Enabling Ordinance as provided for by the Illinois Vehicle Code in Section 625ILCS5/11-209.1. This statute simplifies the process by allowing for the enforcement of the Illinois Vehicle Code and/or applicable Village Ordinances on private property upon the request of the property owner and the passage of the proposed Enabling Ordinance. The Association is in agreement with this proposal and sent a letter requesting the same. The HOA board would also like the ordinance to set the speed limit on their roadways at 20 MPH. 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. The ordinance also sets out other provisions including naming the Village on the Association's liability policy in the implementation of this agreement and allowing for access by the Police Department. Recommendation: Request the Village Board pass the attached ordinance to allow for the enforcement of the Traffic Code and appropriate access to Heritage Oaks. Last saved by jkruger J:\Village Board Reports\Heritage Oaks traffic 092314.docx Last printed 9/15/2014 9:45 AM ORDINANCE 2014-TC-CTRL-G-1033 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 HERITAGE OAKS 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 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 Heritage Oaks Private Roadway Association ("Association") is the owner of certain private roadways located within the Heritage Oaks 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 on Private Property," of Title 7, "Traffic Code," of the Village Code is hereby amended further to read as follows: "7-6-101: REGULATION OF TRAFFIC ON PRIVATE PROPERTY: D. Heritage Oaks Subdivision: Additions are bold and double-underlined; deletions are struck through. Ordinance 2014-TC-CTRL-G-1033 Amending Title 7 Page 2 of 4 I • - • • -.- 1 . • • • 1 - • • A .I !_! _ • • . • A within the Heritage Oaks Subdivision: Heritaae Oaks Lane. Herita•e Oaks Court, and Heritage Oaks Circle, 2. The Village shall enforce all of the re•ulations of this Title 7 within the Heritage Oaks Subdivision but onl to the extent and in the manner set forth in this Subsection 7-6-101.D, 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- I I •1 _ 11 . 11 - • 1 • I • • • •. •• 1 • 1' 1 - Village will enforce the reaulations of this Title 7 a•ainst such person as if the action had taken place on a public hiahwa 4. The Heritage Oaks Private Roadway Association. or an successor in interest thereto, shall, at its sole cost and ex sense erect and maintain any and all signs necessary for the enforcement of the - • . . •• 1 • 1 A 1 1 I ■ ' • • , ! •f • 1 Notwithstanding anything to the contra in Title 7. when si•ns are posted giving notice thereof, the maximum speed limit is twenty 1 1 1' • 5 - I . • 1 1 - ! - . .. ! , . - • •1 -•- ) • 5. The Heritage Oaks Private Roadway Association. or an successor in interest thereto, shall not deny the Villa•e access to the private roadways identified in Subsection 7-6-101.D.1 or erect or maintain any ate or other control device in a manner that prevents the Village from accessina such private roadwa s to enforce the - • • •• 1 • 1• - I . • • ! - • • , • " • . C • • ! • • Association, or any successor in interest thereto, violates this Subsection 7-6-101.D.5, then the Village shall have no obli•ation to enforce any of the regulations of Title 7 on the private roadwa s identified in this Subsection 7-6-101.D.1. 6. The Heritage Oaks Private Roadway Association. or an successor 1 •I . - I . . • I - • - • I •. - ! - 1 - 11 . 1 . I general liability insurance in the minimum amount of $2 000 000 that names the Village as a pa insured for any claims arisin• out • I - • - II - I • I • ' -• • • I " . _ _ • 1 • I• - • 1 the private roadways identified in Subsection 7-6-101.D.1. During any time that the Herita•e Oaks Private Roadway Association or - 1 • •1 •I - 1 " . . . -• ! • - I • 11 •'1 .•1 1 - •I . . I .. required by this Subsection 7-6-101.D.6 the Villa•e shall have no obligation to enforce any traffic reaulations under this Subsection 7-6-101.D, 7. The Heritage Oaks Private Roadway Association. or an successor in interest thereto, may rescind its re•uest for the Villa•e to enforce the regulations of this Title 7 on the •rivate roadwa s identified in Subsection 7-6-101.D.1 by filing a written request with the Villa.e President; provided, however that no such rescission reauest ma be filed prior to 12 months after the date that the Herita•e Oaks Private Roadway Association filed its written reauest for the Villa•e to enforce the regulations of this Title 7. After receipt of such - .• 1 - I) • I.• • . • - • • .8 - I ..1 1 : • .. . • - • A repeal this Subsection 7-6-101.D which repeal will be effective on the January 1 immediately followina the action by the Villa•e Ordinance 2014-TC-CTRL-G-1033 Amending Title 7 Page 3 of 4 President and Board of Trustees to repeal this Subsection 7-6- 101.D.' 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 23rd day of September, 2014. Gopal G. Lalmalani Village President PASSED THIS 23rd day of September, 2014. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk Ordinance 2014-TC-CTRL-G-1033 Amending Title 7 Page 4 of 4 EXHIBIT A PRIVATE ROADWAYS Heritage Oaks Lane, Heritage Oaks Court,and Heritage Oaks Circle. • CS Villa a of Oak Brook i t g�2s ��� g Herita a Oaks Subdivision Traffic Enforcement Area b l+, ,c...,.. N .,., , _ 1; :1-- ' --E250 3110 ;3106 ` 9��� - " �„, .�. �� �"a - 3022 � °'�t�,., b£"} 3016 3008 3111 3103 .,. 1:: ::1 3` - '`�i .' r P 3017 , 4 7 r _ ,mss M M t::(. 3 a ' 31b5 , 'ILO 3115 w R'ny (1{ ` W S .,... .,_ , , _ , =rya , , s 5 fi alit _ CAI q a ` Q1 ' VIV- , C::1 ---: ,: .r 3 .tee ! :''" 3124 3106 Fit 774 1 0 ''' , 1;3 1 j t 3120 X3110 3102 (� .-3020 3016 3010 IIIj # ,. v:-:i' .... ..� - ? 4 F M ap�Legend � 3021 301x7 3016 3011 3009 3005 "'. QMunicipal Boundary Road lirtj,Q _ ,,. ir....__„.11 R ■moms Heritage Oaks Subdivision Parcel •I nsortwm i HERITAGE OAKS PRIVATE ROADWAY ASSOCIATION C/O Charles Shemely, President 3411 Heritage Oaks Ct. Oak Brook, IL 60523-2546 September 8, 2014 Chief James R. Kruger Jr. Oak Brook Police Department 1200 Oak Brook Road Oak Brook, IL 60523.2255 Dear Chief Kruger: The Directors of the Heritage Oaks Private Roadway Association have given further consideration to the speed limit when the Oak Brook Police Department is granted jurisdiction to enforce Title 7 of the Oak Brook Village Code in Heritage Oaks. The Directors have approved a posted limit of 20 miles per hour for the private roads within Heritage Oaks: Heritage Oaks Lane, Heritage Oaks Court, and Heritage Oaks Circle. Please include this provision in the regulations to be enacted with the Ordinance Amendment to be presented for approval by the Village Trustees. if you have any questions regarding this change to our earlier approval, please contact me by email or phone (630) 968-2922. Sincerely, of 4 Charles Shemely, President