2016-05-16 - Ordinance 2016-026 - AMENDING CHAPTER 2.62 AND ADDING SECTION BG-12-610.2 TO MUNICIPAL CODE Underlined= addition
Strikee = deletion
04/14/2016
#663477
ORDINANCE NO. 2016 - 026
AN ORDINANCE AMENDING CHAPTER 2.62. VILLAGE ADMINISTRATIVE
HEARING SYSTEM
AND
ADDING SECTION BG-12-610.2. USE OF A MOBILE TELEPHONE WHILE DRIVING
TO THE BUFFALO GROVE MUNICIPAL CODE.
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, Village desires to increase the jurisdiction of the Village Administrative
Hearing System; and
WHEREAS, the driving of a motor vehicle while using a mobile telephone is a
distraction and may cause a motor vehicle accident.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, as follows:
Section 1. The foregoing recitals are hereby adopted and incorporated into and made a
part of this Ordinance as if fully set forth herein.
Section 2. Section 2.62.015, Village Code Hearing Jurisdiction, of the Buffalo Grove
Municipal Code, is hereby amended to read as follows:
2.62.015 Village Code Hearing Jurisdiction.
A. An administrative adjudication proceeding pursuant to this Chapter may be initiated for
any alleged violation of these-smeetio*s of the Buffalo Grove Municipal Code, the International
Building Code ("IBC"), the International Property Maintenance Code ("IPMC"), the
International Residential Code One-and Two-Family Dwellings (I RC), and the Illinois Vehicle
Code ("IV ")(Illinois Compiled Statutes, Chapter 625), as shown in Table 2.62,015 1, except
for:
1. An offense that is a traffic regulation governing the movement of vehicles,
1
2. Any reportable offenses under Section 6-204 of the Illinois Vehicle Code, and
3. Any matters under the jurisdiction of Chapter 2.63, Village Traffic Administrative
Hearing System.
R Any violation prosecuted under administrative adjudication is is not listed in Table
2.62.015-1 of this Chapter is subject to the general penaltV DrOVisions of Chapter 1.08 of this
Code.
B.C. Any offense listed in Table 2.62.015-1 oft is Chapter Tlie violation-deser-ibed in fli
Viol""aii Notie may be settled, compromised and paid in the respective amounts and within the
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respective time frames set forth in the Table of Offenses Y C
d-N+ies,-,m Table 2.62.015-1, Table of
Offenses and Fines, of this Chapter except as set forth is Subsection D.C—. hereof.
D. 497 A violation of any of the offenses, except for offenses in Chapter 10.16 of the Buffalo
Grove Municipal Code, set forth in Table 2.62.015-1 of this C1-,n..+®. by a for require the
minor to appear at the administrative adjudication hearing and are not subject to the pre-pay
option as set forth in said Table..
Section 3. Subsection E, Authority and Powers, of Section 2.62.040, Hearing Officer, of
the Buffalo Grove Municipal Code is hereby amended to read as follows:
2.62.040. Hearing Officer.
E. Authority and Powers. Hearing Officers shall have all powers necessary to conduct fair and
impartial hearings including, but not-limited to, the power to:
1. Hold conferences for the settlement or simplification of the issues;
2. Administer oaths and affi rmations;
3. Hear testimony and accept evidence that is relevant to the allegation of a Violation;
4. Issue subpoenas directing witnesses to appear and give relevant testimony at the
Hearing, upon the request of the parties or their representatives-,
5. Preserve and authenticate the record of the Hearing, including all exhibits and
evidence introduced at the Hearing,
6. Issue a determination, based on the evidence presented at the Hearing, on whether a
Violation occurred or exists. The Hearing Officer's detennination shall be in
writing and shall include a written finding of fact, decision, and order, including
the fine, penalty, or other action with which the defendant must comply; and
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7. Impose penalties consistent with applicable Code provisions, order the defendant to
obtain a co i)liancc bond, require the defendant to take corrective action to cure
the violation and assess costs upon finding a defendant liable for the charged
Violation. Assessment of costs of$25 to $50 shall be based upon the complexity
of the matter heard.
8. Impose a to of community service in addition to or in lieu of any applicable
fine.
9. Impose, if applicable. a late payment penalty pursuant to Section 3.48.060 of
this Code.
Section 4. Chapter BG-12, Seat Safety Belts, of the Buffalo Grove Municipal Code is
hereby amended by changing the Title from SEATSAFETY BELTS to MISCELLANEOUS
REQUIREMENTS.
Section 5. Chapter BG-12, MISCELLANEOUS REQUIREMENTS, of the Buffalo
Grove Municipal Code is hereby amended by adding thereto the following Section BG-12-610.2,
Use of Mobile Telephones, as follows:
B(;-12-610.2 Use of Mobile Telephones.
A. General Provisions. Except as provided by Subsection B of this Section, no person shall
drive a motor vehicle while using a mobile. cellular, analog wireless or digital telephone
B. Exceptions. The Drovisions of this Section shall not apply to:
1. Any-public safety officers and operators of emergency vehicles while they are on duty
and acting in their official capac iti es;
2. Persons using a telenhone with a"hands-free" device that allows the driver to talk into
and listen to the other party without the use of the driver's hands:
3. Persons using a telenhone to call 9-1-1 or other emerp-enev telep hone numbers to contact
public safety forces; and
4. Persons using a telephone while maintaining a motor vehicle in a stationarv. narked
position, while.the vehicle k not in 11 aenr
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C. Anv-Derson found Ruiltv of violatin2 the provisions of this Section shall be ounished
according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code.
Section6. Table 2.62.015-1, Table of Offenses and Fines, of the Buffalo Grove
Municipal Code is hereby amended by adding thereto the following:
Chapter/Section Title/Offenses inimurn Maximum Minimum
Fine/Fine Fine* Fine
Paid Before Must
3
Hearing Appear
At Hearing
5/12-610.2 Use of Mobile $50
Telephones
Section 7. If any section,paragraph, clause or provision of this Ordinance shall be held
invalid, the invalidity thereof shall not affect any other provision of this Ordinance.
Section 8. Any person violating any portion oft is Ordinance shall be punished
according t o t he provisions of Chapter 1.08 of the Buffalo Grove Municipal Code.
Section 9. This Ordinance shall be in full force and effect from and after its passage,
approval and publication. This Ordinance may be published in pamphlet form.
AYES: 6 - Berman, Trillingr, Stein, Ottenheimer, Weidenfeld, Johnson
NAY ES: 0 - None
ABSENT: 0 - None
PASSED- X16, 2016,
APPROVED: May 16, 2016.
PUBLISHED: May 17, 2016.
APPROVED:
Beverly Sus an, Village President
ATTEST:
Janet Strabian, Village Clerk