2020-01-06 - Ordinance 2020-004 - AMENDING THE BUFFALO GROVE MUNICIPAL CODE BY THE ADDITION OF REGULATIONS PERTAINING TO THE IDENTIFICATION AND ADMINISTRATIVE ENFORCEMENT OF VIOLATIONS OF THE CANNABIS REGULATION AND TAX ACT IN THE VILLAGE OF BUFFALO GROVE ORDINANCE NO. 2020 - 004
AN ORDINANCE AMENDING THE BUFFALO GROVE MUNICIPAL CODE BY THE
ADDITION OF UGULATIONS PERTAINING TO THE IDENTIFICATION AND
ADMINISTRATIVE ENFORCEMENT OF VIOLATIONS OF THE CANNABIS
REGULATION AND TAX ACT IN THE VILLAGE OF BUFFALO GROVE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, the Village of Buffalo Grove, Illinois, enacted Municipal Code
Regulations for the purpose of improving and protecting the public health, safety, comfort,
convenience and general welfare of the people; and
WHEREAS, the State of Illinois enacted the Cannabis Regulation and Tax Act(Act),
which pertains to the possession, use, cultivation, transportation and dispensing of adult-use
cannabis,which became effective June 25, 2019; and
WHEREAS, the Village previously established a Village Administrative Hearing System
for certain violations of the Buffalo Grove Municipal Code; and
WHEREAS, the Act allows for municipalities to enforce violations of the Act; and
WHEREAS, the Village seeks to add these regulations as additional violations that can
be adjudicated through the Village's administrative adjudication process.
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. Chapters 9.16, 9.17, 5.20.192 and Table 2.62.015-1 of Chapter 2.62 of the
Village Code are hereby amended as set forth on the attached Exhibit A which are adopted and
incorporated herein as if fully set forth.
Section 3. 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 4. This Ordinance shall be in full force and effect from and after its passage and
approval.
1
AYES: 5 —Stein, Weidenfeld Johnson Smith Pike
NAYS: 0 - None
ABSENT: 1 - Ottenheimer
PASSED: January 6, 2020
APPROVED: January 6, 2020
9�A 161 -
Beverly Sussman, it age President
ATTEST:
Janc- . �i;abian, Village Clerk
Chapter 2.62-VILLAGE ADMINISTRATIVE HEARING SYSTEM
2.62.010-Establishment of administrative hearing system.
A. Pursuant to the authority set forth in 65 ILCS 5/1-2.1-1 et seq. and the Village's home rule powers,
there is established and created within the Village an Administrative Hearing System to enforce and
adjudicate violations ("Violations") of the Buffalo Grove Municipal Code (the "Code"), the
International Building Code (as adopted by reference by the Village), the International Property
Maintenance Code (as adopted by reference by the Village), the International Residential Code One-
and Two-Family Dwellings (as adopted by reference by the Village), and the Illinois Vehicle Code (as
adopted by reference by the Village, as the same may from time to time hereafter be amended.
B. The provisions of Division 2.1 of Article 1 of the Illinois Municipal Code (65 ILLS 5/1-2.1 et seq.) are
adopted and incorporated into this Chapter as if fully set forth herein.
C. The provisions of this Chapter shall apply to administrative adjudication proceedings to the extent
that they are not inconsistent with the provisions of this Code, which set forth specific procedures for
the administrative adjudication of particular Code provisions including, but not by way of limitation,
Chapter 10.20, Vehicle Seizure and Impoundment.
(Ord. 2004-46 § 1 (part), 2004)
(Ord. No. 2014-68, § 2, 10-6-2014)
2.62.015-Village code hearing jurisdiction.
A. An administrative adjudication proceeding pursuant to this Chapter may be initiated for any alleged
violation 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 (IRC), and the Illinois Vehicle Code ("IVC")(Illinois Compiled Statutes, Chapter
625), except for:
1. An offense that is a traffic regulation governing the movement of vehicles,
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.
B. Any violation prosecuted under administrative adjudication which is not listed in Table 2.62.015-1 of
this Chapter is subject to the general penalty provisions of Chapter 1.08 of this Code.
C. Any offense listed in Table 2.62.015-1 of this Chapter may be settled, compromised and paid in the
respective amounts and within the respective time frames set forth in Table 2.62.015-1, Table of
Offenses and Fines, of this Chapter except as set forth is Subsection D. hereof.
D. 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 by a juvenile (17 years and under) require the juvenile
to appear at the administrative adjudication hearing and are not subject to the pre-pay option as set
forth in said Table.
Table 2.62.015-1
Table of Offenses and Fines
_...__.�.. Minimum Maximum Minimum
Chapter/Section Title/Offenses Fine/Fine Fine* Fine—
Paid Before Must
Hearing Appear
at
Hearing
........................................ ... ............-....... � _ �..._ ................... ........
Chapter 3.52 Municipal Commuter Station Parking Lot
Fees
3.52.020 Failure to Pay Daily Parking Fee—Metra $25 $50
3.52.040 Resident Parking Only Violation—Metra $25 $50
_.__ ..._._............... .... ........
3.52.055 Failure to Pay Daily Parking Fee—Township $25 $50
Chapter 5.20 Liquor Controls
5.20.190.A AlcoholWunderage/possession/con sum ption $100
.............. ....................
5.20.190.B. and C. Alcohol sale,give, or deliver to underage $250
.......................___�...� $2-50 2 000 for
5.20.192 Social Hosting Responsibility $1,000 first each
violation subsequent
violation
Chapter 5.24 Solicitors
^^^5.24.020mmmm _ Soliciting without a permit��— www ..................... . $100.00
.............
— .
................
5.24.080 Soliciting-Failure to leave when requested $100.00
..........................._......� ... �_........ ..-�..........................
5.24.090 Soliciting where posted "No Soliciting" $100.00
_........................_ ...... ..............._...�
5.24.100 Soliciting in violation of soliciting hours/days $100.00
Chapter 5.32 Tobacco
Sale/delivery of tobacco products to person
5.32.090 $100
under 21 years of age
5.32.105 Possession of tobacco products by person $75
............................ ...
under 18 years of age
Chapter 5.40 Hours of Operation Adjacent to Residential
Areas
7.40.040 Violation of Hours of Operation requirements $75
Chapter 6.12 Care and Control
................ _..... _... ..... ......�__ _._ u vvvvvvvv......v�..... ........._
6.12.010 No Rabies Vaccination-1st Violation $50
6.12.010 No Rabies Vaccination-2nd Violation $75
6.12.010 No Rabies Vaccination-3rd Violation $100
6.12.020 No Dog or Cat License $100
6.12.060 Failure to Remove Excrement-1st Violation $50
6.12.060 Failure to Remove Excrement-2nd Violation $75
6.12.060 Failure to Remove Excrement-3rd Violation $100
..... .........___. ___" ....._
6.12.070 Dog or Cat at Large-1st Violation $50
[_
6.12.070 Dog or Cat at Large-2ndITViolation $75
6.12.070mmmmmmmmmmm mmmmmmmmmDogmmor Cat at Large-3rd Violation $100
............................................
6.12.080 Excessive Number of Animals-1st Violation $50
6 12.080 ExcessiveITNumber of Animals-2nd Violation $75
6.12.080 Excessive Number of Animals-3rd Violationmm $100
mmmmmm6.12.090 Prohibited Animal-1st Violation $50
6.12.090 FProhibited Animal-2nd Violation $75
.................._. .............._........ ....................... . _—_�............
6.12.090 Prohibited Animal-3rd Violation $100
6.12.120 Found to be potentially dangerous animal $75
6.12.150.1) Excessive Dog Barking-1st Violation $50
6.12.150.1)..ITITITIT _m.....
Excessive Dog Barking-2nd Violation $75
6.12.150.D Excessive DogBarking-3rd Violation $100 w ..... w
Chapter 8.20 Refuse
8.20.020 Lack of required refuse service $50
......__._ ....... I.. ..................................
8.20.030 � � Littering $100
8.20.070 Garbage—Out Too Early $25
�...................... ......... ..
8.20.090 _......... Garbage—Unsecured $25
8.20.100 Illegal Dumping/Burning $50
Chapter 8.24 Nuisances and Miscellaneous Health Laws
8.24.020 Stagnant water creating mosquito nuisance $50
8.24.060 Pest infestation—Insects $50
__............_.. ... ......
—..—---
-----
�_..
8.24.070 Pest infestation—Rodents $50
8.24.110 Use Constituting Nuisance $50
Chapter 8.32 Weeds,Grass, Refuse and Junk
8.32.010.A Weeds in Excess of 12 Inches $50
..F,
8.32.010.Bmmmm Grass in Excess of 6 Inches $50
Chapter 9.04 Alarm Systems
7.04.020 No Valid Alarm Permit $25
Buffalo Grove Controlled Substances
Chapter 9.16 Adoption by Reference of the Illinois
Cannabis Regulation and Tax Act(ICRTA)
ICRTA 10-5
9.16.020—For Possession of Cannabis (over 30
residents of the grams of cannabis flower) 100 250
State of Illinois
ICRTA 10-5, 10-10
Possession of Adult Use Cannabis with more
9.16.020—For than 500 milligrams of THC contained in 100 250
Residents of the cannabis-infused product
State of Illinois
ICRTA 10-5, 10-10
9.16.020—For Possession of more than 5 grams of cannabis
100 250
Residents of the concentrate
State of Illinois
ICRTA 10-5. 10-10 . _ . w—www ...._.....
9.16.020—For Possession of Cannabis (over 15 grams of
100 250
nonresidents of cannabis flower)
the State of Illinois
ICRTA 10-5 10-10
Possession of Adult Use Cannabis with more
9.16.020—For than 250 milli rams of THC contained in 100 250
nonresidents of cannabis-infused product
the State of Illinois
ICRTA 10-5, 10-10
9.16.020—For Possession of more than 2.5 grams of
100 250
nonresidents of cannabis concentrate
the State of Illinois
ICRTA 10-5, 10-10, Possession, consumption, use, purchase,
10-15
obtaining,transporting,or cultivating 100 250
cannabis not otherwise in accordance with
20 ICRTA
ICRTA 10-5 10-20
Use of false identification to obtain cannabis 100 250
9.16.020
...............-.._.....
�www....W. ...._' �....... ...� .... .. _ _..._ .......�-
ICRTA 10-20 10-
35 Sale,transferring and/or facilitating the use i 100 250
of Cannabis not in conformance with ICRTA;
9.16.020
Undertaking tasks, possession, use, smoking,
ICRTA 10-35 operating, navigating or being in actual
physical control of any motor vehicle, aircraft 100 250
9.16.020 or motorboat while using cannabis in
violation of the Illinois Vehicle Code
w. .w........... .............._ .,. . ...�_.. .. .....
ICRTA 10-35
Possession and/or consumption in a
,
9.16.020 prohibited public place and/or otherwise in 100 250
violation of State statute
ICRTA 15 et seq. Operating a cannabis dispensary in violation 100 250
17-28-080 of ICRTA
Chapter 9.17 Drug Paraphernalia
9.17.020 Possession/sale of drug paraphernalia $100
Chapter 9.28 Disorderly Conduct
9 28.010 Disorderly conduct $100
m....9.28XOX10..C.......... Possession of fireworks ...m._............._....... $50
.............
.............
9.28.025 Public Nuisance Assemblage/Socia
l Host $100
Chapter 9.32 Smoking in Public Places
Not less
9.32.020 Smoking in Enclosed Public Place than$SG
ss
150 V'
............-'--"-F------------------------------------""............. . .....
...........
violation
Not less
than--50
9.32.030 Smoking in Place of Employment
1501st
violation
Not less
than
9.32.040 Smoking in Open Air Dining Area $50 150
1st
violation
Not less
than
9.32.050 Smoking at Entrance $W 150
1st
violation
Chapter 9.38 Noise
9.38.020 Noise Prohibited $75
.............� -----
__.--------------
. .... ...
9.38.030 Noise within a multi-family structure $100
9.38.037 Construction regulationsm-Hours of work $75
Chapter 9.48 Trespass and Damage to Property
9.48.020mm Trespass ................-.� ��..., vrw w-....W..... ...... ._.....$100
9 48.030.A. Damage to Village Property � -� � $100
9.48.040 G raffiti $75
Chapter 9.52 Theft
9.52.020 Theft $150
Chapter 9.68 Curfew
9.68.01 Curfew $75
..........— .....�.........................
.. ......
...........
_.�...,,,...........� _ ................_.u.
Chapter 9.70 Truancy
9.70.010 Truancy $75
w--ww .�. ....._..._. -__ -----------
----
' � ...._._..._.._ . �...—. .—
Chapter 9.80 Weapons
9.80.010 Air rifle/BB gun/Gun discharge
$100
Chapter 10.08 Snow
10.08.010 Parking—After 2 inch Snow F" $25 $50
_.......
.. ..— .......__-- �..
10.08.020 Dumping Snow in Street $25 $50
Buffalo Grove Vehicle and Traffic Code.
Chapter 10.16,
Adoption by Reference of the Illinois Vehicle
Section 10.16.010
Code(IVC)
5/3-401 No valid registration $50 $75
5/3-413(a) No front/rear registration plate $50 $75
F_
5/3-413(b) Improper display of license plate $50 $75
5/3-413(f) Operation of vehicle w/expired registration $50 $75
5/3-413(g) Use of license plate cover $50 F_$75
w................................. .................... _._._.......
5/3-701 Inoperable odometer under mileage plates $50 $75
......... ............................ _ ��................... . ..._ � m �w
5/1-100 et seq. Miscellaneous Traffic Code Violations $50 $75
5/11-1003(a) Jay Walking $25 $50
F5/11 1301.3 Handicapped Zone Parking $250 $375
5/11-1303.(a).1.b. Parked Blocking Sidewalk $25 $50
5/11-1303.(a).2.b. Parked Within 15 feet of Fire Hydrant $25 $50
5/11-1303.(a).2.c. Parked Within 20 feet of Crosswalk $25 $50
. .......... ..-w.................. w
Parked Within 30 feet of Traffic Control
S/11-1303.(a).2.d. $25 $50
Device
5/11-1303.(a).3.b. Parking Where Prohibited $25 $50
5/11-1303.(a).3.b. Parking in Loading Zone $25 $50
5/11-1304.a. Parking over 12 inches from Curb $25 $50
.... ...
.....
5/11-1304.a. Parking—Left Wheels to Curb $25 $50
5/11-1304.5 Parking of Vehicle With Expired Registration $25 $50
F__5/6-112 Driver's license not on person $50 $75
Failure to notify Secretary of State—Change
5/6-116 $50 $75
of address
5/12-713 Improperly marked vehicles—Contractor $50 $75
5/12-101 Unsafe equipment $50 $75
5/12-201(a) Driving motorcycle w/out lighted headlight $50 $75
�5/12-201(b) Driving w/out lights when required _ .. $50mm ^^^^^^ ..^$75 ^
..................................
5/12-201(b) Only one tail light $50 $75
................................... ............ . .._...._
5/12-201(c) No rear license plate light $50 $75
5/12-204 Immpropermlammpmmorm flag mon projected load $50 $75
5/12-207 Improper use of spot lamp/aux driving lam psmm -........_$m50 $75
5/12-208 No stop lights $50 $75
5/12-209.c Defective..............................�.�.......... ......................................� .....................................
.....
O back-up lights $50 $75
5/12-210 Failure to dim headlights $50 $75
5/12-211 Only one headlight $50 $75
5/12-301 Defective brakes $50 $75
5/12-405(c) Use of unsafe tire $50 $75
5/12-502 No rear view mirror $50 $75
.. w ._._._...._._.................... .... ... ...._.......
.........._............................................................... .....
5/12-503(a) Illegally Tinted Windows $50 $75
5/12-503(c) Obstructed windshield $50 $75
5/12-503(d) Obstructed windows—Snow, ice, moisture $50 $75
....... ........_
5/12-503(d) No windshield clearing device (wipers) $50 $75
5/12-601(a) Defective or no horn $50 $75
...........
....................
...
_....... .........
5/12-602 Loud muffler—Excessive noise $50 $75
5/12-603.1 Failure to WearProperly Adjusted Seat Belt _ $50 $75
5/12-608 mNommbumper or unlawful bumper height $50 $75
..................
_.............
..........................
5/12-..10.2 Use of Mobile Telephones $50
.........
_ 5/12-611 Illegal operation of sound amplification-75' $50
$75
.......
5/12-702 No flags, flares,warning devices carried $50 $75
_._._._..................
5/12-710 Inadequate or no splash guards (mud flaps) $50 $75
Title 10,Chapter
Towing
BG-4
BG-4-101.E.1. Abandoned vehicle over7 days $25 $50
Title 10,Chapter
Rules of the Road
BG-11
BG-11-1303.C.1. Parking on Parkway or Median $25 $50
......
BG-11-1303.C.2..............._...�.�
b. Parking—Blocking Driveway $25 $50
BG-11-1303.C.2.c.mIT......_. Parking in Posted Fire Lane.................. $25 $50
_................
...... ww _. ....._ ........ —. m ... ___ vv .........
BG-11-1308.1. Parking on Street 2 am to 6 am $25 $50
. _ ..... ................
BG-11-1311 Selling Vehicle on Street $25 $50
---- . ..............._ ...._ ........... ...............................
Chapter 12.20 Trees,Shrubs,and Other Plants
Trees/vegetation obstructing public
12.20.070 $100
sidewalks
12.20.080 Trees/vegetation creating visual obstructing $100
Chapter 13.05 Water System Cross-connection Control
13.05.110.A.2. Inspection and maintenance $50
Chapter 13.16 Water Conservation
13.16.020 Sprinkling Ban Violation (12:00-6:00 p.m.) $100
Title 14 Sign Code
14.12.010 Signs Installed without a Permit $50
14.32.060 Signs Placed in the Public Right-of-Way $50 I�.
—Chapter 15.04, International Building Code.Adoption by
Section 15.04.010 Reference of the International Building Code
(IBC)
Failure to secure required permit
IBC 105.1 $200
(Commercial)
International Residential Code One-and
Chapter 15.05, Two-Family Dwellings.Adoption by
Section 15.05.010 Reference of the International Residential
Code One-and Two-Family Dwellings(IRC)
............................I
Failure to secure required permit
IRC 105.1 $50
(Residential)
Chapter 15.06, Property Maintenance Code.Adoption by
Section 15.06.010 Reference of the International Property
Maintenance Code(IPMC)
IPMC 302.8, as
Parking on non-approved surface/grass/lawn $50
amended
_ ..-.._.............. ........ _........_............
IPMC 302.8, as
Unlicensed vehicle $100
amended
IPMC 302.8, as
Vehicle in a state of disrepair $75
amended
.__.....I m.-
IPMC 304 Property in disrepair $75
F__
IPMC 307 Junk/Garbage/Debris on property $75
....................... ................
.................. ..
Chapter 15.12 Plumbing Code
_._._... . ........ .. ...
15 12.030 Downspout and sump pump discharges $75
Chapter 15.20 Fence Code
15.20.100mm�mmmmmITITm Fence in Disrepair ...... __� $100
_.................. ........ _... ........
Chapter 15.36 Residential Rental Housing Program
................... ,., ........... _ w............................
15.36.040 Renting property without a license $100
15.36.060 Failure to schedule/allow rental inspection $100
Chapter 17.12 Definitions
Use or occupancy of a One-Family Dwelling
17.12.230 $25
by more than one family
Chapter 17.28 Special Uses
17.28.080 Adult Use Cannabis Business Organization 750 da
Cultivation, craft growing, infusing and/or
17.28.080 transporting adult use cannabis in violation of 750 da
the Cannabis Regulation and Tax Act
................._..........................._._... .......
__
Chapter 17.36 Driveways and Off-Street Parking and
Loading Facilities
17.36.030� Improper Recreational Vehicle Parking
king $50
Improper parking of a commercial
17.36.030 $25
vehicle/Residential District
17.36.030mmmmmmmmmmmmm Oversized Vehicle $25
17.36.030 Pmproperly maintained parking lots $50
17.36.030 Improperly marked accessible parking spaces $50
* The Illinois Vehicle Code (IVC)(625 ILCS 5/1-100 et seq.)has been adopted by reference as
the Traffic Code of the Village pursuant to Chapter 10.16 of the Buffalo Grove Municipal.
Additions to the IVC, as adopted, are set forth in Chapter BG-1 through BG-16 of the Buffalo
Grove Municipal Code. The Traffic Code of the Village corresponds in numbering sequence to
the Illinois Vehicle Code.
* Fines are exclusive of hearing costs. Daily fines are possible where permissible by law.
Where a Maximum Fine is not listed the Maximum Fine shall be subject to Section 1.08.010 of
the Buffalo Grove Municipal Code.
(Ord. No. 2014-68, § 3, 10-6-2014; Ord. No. 2015-52, § 2, 9-21-2015; Ord. No. 2016-026, §§ 2,
6, 5-16-2016; Ord. No 2017-036, § 2, 8-21-2017; Ord. No. 2017-042, § 3, 10-16-2017; Ord. No.
2018-016, §§ 2, 3, 3-19-2018)
2.62.020- Hearing procedures non-exclusive.
The provisions of this Chapter shall not preclude the Village from using other methods or
proceedings to enforce and adjudicate the Code or other ordinances of the Village, including, without
limitation,the institution of an action in the Lake County Circuit Court,the Cook County Circuit Court,the
United States District Court, or any administrative proceeding.
(Ord. 2004-46 § 1 (part), 2004).
2.62.030-Administrative composition.
The Administrative Hearing System shall provide for one or more Hearing Officers and a Code
Hearing Unit,all with the power, authority, and limitations as set forth in this Chapter.
(Ord. 2004-46 § 1 (part), 2004).
2.62.040-Hearing Officer.
A. Appointment. The Village Manager shall appoint one or more qualified Hearing Officers to perform
the functions set forth in this section.
B. Independent Contractor. A Hearing Officer shall be employed as an independent contractor of the
Village and shall not be considered an employee of the Village. A Hearing Officer may be removed,
with or without cause, by the Village Manager.
C. Qualifications. To qualify as a Hearing Officer, an individual must:
1. Be an attorney licensed to practice law in the State of Illinois for at least three years;
2. Be in good standing with the Illinois Supreme Court Attorney Registration and Disciplinary
Commission;
3. Complete a formal training program approved by the Village Manager and the Village Attorney
consisting of:
a. Instruction on the rules of procedure for administrative hearings,
b. Orientation to each subject area of the Code that will be adjudicated,
C. Observation of hearings conducted by Illinois municipalities that have adopted the
administrative hearing system, and
d. Participation in hypothetical hearings, including ruling on evidence and issuance of final
orders.
D. Compensation. Authorization for compensation for a Hearing Officer shall be made by the President
and Board of Trustees through the Village's annual budget process. Compensation shall be
determined by the Village Manager within approved budget limitations.
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 affirmations;
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 determination 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
7. Impose penalties consistent with applicable Code provisions, order the defendant to obtain a
compliance 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
twenty-five dollars to fifty dollars shall be based upon the complexity of the matter heard.
8. Impose a term 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.
(Ord. 2004-46 § 1 (part), 2004)
(Ord. No. 2014-68, § 4, 10-6-2014; Ord. No. 2016-026, § 3, 5-16-2016)
2.62.050-Code Hearing Unit.
A. Appointment. The Village Manager shall establish a Code Hearing Unit to perform the functions set
forth in this section.
B. Authority and Jurisdiction. The Code Hearing Unit is authorized, empowered, and directed to:
1. Recommend rules and regulations reasonably required to manage the Administrative Hearing
System;
2. Adopt, distribute, and process all notices as may be required under this Chapter, or as may
reasonably be required to carry out the purpose of this Chapter;
3. Collect payments made as a result of fines, costs, and/or penalties assessed after a final
determination of liability;
4. Certify copies of final determinations of violations adjudicated pursuant to this Chapter, and any
factual reports verifying the final determination of any liability that was issued in accordance with
this Chapter or the laws of the State of Illinois, as from time to time amended; and
5. Keep accurate records of appearances and non-appearances at hearings, pleas entered, fines,
costs, and penalties assessed and paid.
(Ord. 2004-46 § 1 (part), 2004)
(Ord. No. 2014-68, § 5, 10-6-2014)
2.62.060-Violation Notice.
A. A notice of any Violation ("Violation Notice") shall be issued by the persons authorized under this
Chapter, shall contain information as to the nature of the Violation, shall be certified, and shall
constitute prima facie evidence of the Violation cited.
B. All full-time and part-time police officers, as well as other specifically authorized individuals of any
department of the Village,shall have the authority to issue Violation Notices.
C. Any individual authorized to issue Violation Notices who detects a Violation, is authorized to issue a
Violation Notice thereof and shall serve the Violation Notice in the manner set forth in the Code.
D. The correctness of facts contained in any Violation Notice shall be certified by the person issuing the
notice through signing his or her name to the Violation Notice at the time of issuance.
E. The Code Hearing Unit shall retain the original or a facsimile of the Violation Notice and keep it as a
record in the ordinary course of business.
F. The Violation Notice or a copy thereof shall be admissible in any subsequent administrative or
judicial proceeding to the extent permitted by law.
G. Parties shall be given notice of the adjudicatory hearing which includes the type and nature of the
code violation to be adjudicated, the date and location of the adjudicatory hearing the legal authority
and jurisdiction under which the hearing is to be held, and the penalties for failure to appear at the
hearing.
(Ord. 2004-46 § 1 (part), 2004)
(Ord. No. 2014-68, § 6, 10-6-2014)
2.62.070-Service.
A. Service of any Violation Notice, unless otherwise provided, shall be made as follows:
1. Handing the notice to the registered owner, operator or lessee of the vehicle, if present;
2. Handing the notice to the person responsible for the ordinance Violation;
3. Mailing the notice by mail to the person responsible for the ordinance Violation; or
4. Notice that is posted upon the property where the violation is found when the party is the owner
or manager of the property.
B. If service of notice is provided by mail for any Violation Notice or for any Hearing Notice, said service
shall be deemed sent and shall be complete on the date the notice is deposited, postage prepaid, in
the United States mail. The counting of any time period as set forth in the Code shall begin to run on
the date the notice is deposited, postage prepaid, in the United States mail.
(Ord. 2004-46 § 1 (part), 2004)
(Ord. No. 2014-68, § 7, 10-6-2014)
2.62.080-Hearings.
All Hearings conducted under the Administrative Hearing System shall be conducted by a Hearing
Officer and shall be in accordance with the following rules and procedures:
A. A record of the Hearing shall be made by tape recording or other appropriate means;
B. The parties may be represented by counsel, present witnesses, and cross-examine opposing
witnesses;
C. The Hearing Officer may grant continuances only upon a finding of good cause;
D. All testimony shall be given under oath or affirmation;
E. Parties may request the Hearing Officer to issue, and the Hearing Officer shall have the
authority to issue, subpoenas to direct the attendance and testimony of relevant witnesses and
produce relevant documents;
F. The formal and technical rules of evidence shall not apply. Evidence, including hearsay, may be
admitted only if it is of a type commonly relied upon by reasonably prudent persons in the
conduct of their affairs;
G. In a Hearing on the propriety of impoundment of a vehicle, any sworn or affirmed report, citation
or ticket that: (a) is prepared in the performance of a law enforcement officer's duties; and (b)
sufficiently describes the circumstances leading to the impoundment, shall be admissible
evidence of the vehicle owner's liability, unless rebutted by clear and convincing evidence;
H. The burden shall be upon the Village to prove by a preponderance of the evidence that the alleged
violation occurred.
I. Each Hearing shall culminate in a determination of liability or non-liability by the Hearing Officer or a
determination of liability based upon the failure of the defendant to appear at the Hearing;
J. The Hearing Officer shall, upon a determination of liability, assess fines and penalties in accordance
with the Code. In addition, the Hearing Officer shall have the discretion to assess costs upon finding
a defendant liable for the charged Violation. In no event shall the Hearing Officer have authority to:
(a) impose a penalty of incarceration, or (b) impose a fine in excess of fifty thousand dollars. The
maximum monetary fine shall be exclusive of costs of enforcement or costs imposed to secure
compliance with this Code;
K. The maximum monetary fine imposed under the Code shall be exclusive of costs of enforcement or
costs incurred by the Village to secure compliance with the Village's Code and ordinances, and shall
not be applicable to cases to enforce the collection of any tax imposed and collected by the Village.
(Ord. 2004-85 § 3, 2004; Ord. 2004-79 § 3, 2004; Ord. 2004-46 § 1 (part), 2004)
(Ord. No. 2014-68, § 8, 10-6-2014)
2.62.090-Judicial review.
Any final decision by a Hearing Officer that a Violation does or does not exist shall constitute a final
determination for purposes of judicial review and shall be subject to review under the Illinois
Administrative Review Law(735 ILCS 5/3-101 et seq.).
(Ord. 2004-46 § 1 (part), 2004).
2.62.100-Debt to the Village.
Any fine, penalty or part of any fine or penalty or costs assessed in accordance with the provisions of
the Code and remaining unpaid after the exhaustion of, or the failure to exhaust, administrative
procedures under this Chapter and the conclusion of any judicial review procedures, shall be a debt due
and owing the Village, and, as such, may be collected in accordance with applicable law.
(Ord. 2004-46 § 1 (part), 2004)
(Ord. No. 2014-68, § 9, 10-6-2014)
2.62.110-Enforcement of judgments.
A. Any fine, other sanction, or costs imposed, or part of any fine, other sanction, or costs imposed,
remaining unpaid after the exhaustion of or the failure to exhaust judicial review procedures under
the Illinois Administrative Review Law are a debt due and owing the Village and may be collected in
accordance with applicable law.
B. After expiration of the period in which judicial review under the Illinois Administrative Review Law
may be sought for a final determination of a code violation, unless stayed by a court of competent
jurisdiction, the findings, decision, and order of the Hearing Officer may be enforced in the same
manner as a judgment entered by a court of competent jurisdiction.
C. In any case in which a defendant has failed to comply with a judgment ordering a defendant to
correct a code violation or imposing any fine or other sanction as a result of a code violation, any
expenses incurred by the Village to enforce the judgment, including, but not limited to, attorney's
fees, court costs, and costs related to property demolition or foreclosure, after they are fixed by a
court of competent jurisdiction or a Hearing Officer, shall be a debt due and owing the Village and
may be collected in accordance with applicable law. Prior to any expenses being fixed by a Hearing
Officer pursuant to this subsection, the Village shall provide notice to the defendant that states that
the defendant shall appear at a hearing before the administrative Hearing Officer to determine
whether the defendant has failed to comply with the judgment. The notice shall set the date for such
a hearing, which shall not be less than seven days from the date that notice is served. If notice is
served by mail, the seven-day period shall begin to run on the date that the notice was deposited in
the mail.
D. Upon being recorded in the manner required by Article XII of the Code of Civil Procedure or by the
Uniform Commercial Code, a lien shall be imposed on the real estate or personal estate, or both, of
the defendant in the amount of any debt due and owing the Village under this Section. The lien may
be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent
jurisdiction.
E. A Hearing Officer may set aside any judgment entered by default and set a new hearing date, upon
a petition filed within twenty-one days after the issuance of the order of default, if the Hearing Officer
determines that the petitioner's failure to appear at the hearing was for good cause or at any time if
the petitioner establishes that the Village did not provide proper service of process. If any judgment
is set aside pursuant to this subsection, the Hearing Officer shall have authority to enter an order
extinguishing any lien which has been recorded for any debt due and owing the Village as a result of
the vacated default judgment.
(Ord. 2004-46 § 1 (part), 2004)
(Ord. No. 2014-68, § 10, 10-6-2014)
2.62.120-Schedule of fines—Penalties.
For a Violation of any Village ordinance,fines and penalties shall be as established from time to time
by the President and Board of Trustees.
(Ord. 2004-46 § 1 (part), 2004).
5.20.192 - Social host responsibility.
A. It shall be unlawful for any person to permit, allow, host or fail to take
reasonable steps to prevent an event or gathering at his or her place of
residence or other private property, public place, any other premises
Q under his or her control, or in any conveyance where illicit drugsadult
use cannabis or alcoholic beverages have been consumed by an
underage person, if such person either knows or reasonably should know
that an underage person has consumed any illicit drugs adult use
cannabis or alcoholic beverages.
B. A person who permits, allows or hosts an event or gathering shall be
deemed to have known or should have known that an underage person
has consumed illicit drugs adult use cannabis or alcoholic beverages if
the person has nottaken all reasonable stepsto preventthe consumption
of illicit drugs, adult use cannabis or alcoholic beverages by underage
persons.
C. A person who permits, allows or hosts an event or gathering shall be
rebuttably presumed to have known or should have known that
underage persons have consumed illicit drugs adult use cannabis or
alcoholic beverages if such person is present at the premises of the event
or gathering at the time any underage person consumes illicit drugs,
adult use cannabis or an alcoholic beverage.
D. This section shall not apply to conduct involving the use of alcoholic
beverages that occurs at a religious ceremony or exclusively between an
underage person and his parent or legal guardian as permitted by Illinois
State Law.
E. It is the duty of any person who permits, allows or hosts an event or
gathering at his or her place of residence or other private property, public
place, any other premises under his or her control, or in any
conveyance, where underage persons will be present to take all
reasonable steps to prevent the consumption of illicit drugs-adult use
cannabis or alcoholic beverages by any underage person at the event or
gathering.
F. A person who hosts any event or gathering does not have to be present
at the event or gathering to be liable under this section.
(Ord. 94-7 § 1 (part), 1994: Ord. 93-77 § 2 (part), 1993)
(Ord. No. 2009-77, § 3, 12-7-2009)
5.20.193 - Responsibility of the owner or occupant of premises.
It is unlawful for any owner or occupant of any premises located within the Village
to permit any person under the age of twenty-one other than the owner's or
occupant's own child or ward to remain on such premises while the underage person
is in possession of alcoholic liquor, or adult use cannabis or while the underage
person is consuming alcoholic liquors or adult use cannabis in violation of Section
5.20.190.
(Ord. 94-7 § 1 (part), 1994: Ord. 93-77 § 2 (part), 1993)
5.20.194 - Penalty.
Any person found guilty of violating Section 5.20.192 or 5.20.193 shall be fined in
the mandatory amount of not less than one thousand dollars for the first violation and
the mandatory amount of not less than two thousand dollars for each subsequent
violation.
(Ord. 96-57 § 4, 1996: Ord. 94-7 § 1 (part), 1994: Ord. 93-77 § 2 (part), 1993)
5.20.195 - Imposing civil liability.
Every person who is injured, in person or property, by any intoxicated person
under the age of twenty-one as a result of alcohol or adult use cannabis has a right of
action in his or her own name, severally or jointly for damages (including reasonable
attorney's fees and expenses) against any person:
A. Who by selling, giving or delivering alcoholic liquor or adult use cannabis
in violation of Section 5 20 190 5.20.192 5.20.193 5.20.200 or 5.20.201
causes, or contributes to, the intoxication of such underage person;
B. Who by permitting consumption of alcoholic liquor or adult use cannabis
in violation of Section 5 20 190 5 20 192 5.20.193 5.20.200 or 5.20.201
causes, or contributes to, the intoxication of such underage person as a
N result of alcohol or adult use cannabis; or
C. Who causes such injury and had become intoxicated by consuming
alcoholic liquor or adult use cannabis in violation of Section 5.20.190
5.20.192, 5.20.193 5.20.200 or 5.20.201.
Any action for damages under this section may be brought in the circuit court. An
action for damages under this section shall be barred unless commenced within two
years after the right of action arises.
(Ord. 94-7 § 1 (part), 1994: Ord. 93-77 § 2 (part), 1993)
5.20.200 - Selling to unfit persons.
No licensee shall sell, give or deliver alcoholic liquor to any intoxicated person or
to any person known by the licensee to be an habitual drunkard, spendthrift or
insane, feeble-minded or a distracted person. No adult use cannabis dispensary
shall sell give or deliver adult use cannabis to any person known by the dispensary
to be under the age of 21.
(Ord. 94-7 § 1 (part), 1994: Ord. 77-35 § 22, 1977)
5.20.203 - False identification not a defense.
It shall not be a defense to any action brought criminally, civilly or administratively
against any liquor licensee or any other person charged with the delivery of any
alcoholic beverage to an underage person that such a person produced false
identification or proof of age. It also shall not be a defense to any action brought criminally,
civilly, or administratively against any adult use dispensary or any other person charged with
the delivery of adult use cannabis to any underage person that such a person produced a false
identification of proof of age.
The person or persons hearing and deciding the charges may consider such a
claim when determining the penalty to be assessed or the apportionment of
damages.
(Ord. 95-103 § 2, 1995)
5.20.204. - Mandatory schedule of prices.
All licensees shall maintain a schedule of the prices charged for all drinks of
alcoholic liquor to be served and consumed on the licensed premises or in any room
or part thereof. Whenever a hotel or multi-use establishment which holds a valid
license operates on its premises more than one establishment at which drinks of
alcoholic liquor are sold at retail, the hotel or multi-use establishment shall maintain
at each such establishment a separate schedule of the prices charged for such
drinks at that establishment.
(Ord. No. 2015-51, § 1, 9-21-2015)
5.20.205. - Prohibited happy hours.
No licensee or employee or agent of such licensee shall:
A. sell more than one drink of alcoholic liquor for the price of one drink of
alcoholic liquor;
B. sell, offer to sell or serve to any person an unlimited number of drinks of
alcoholic liquor during any set period of time for a fixed price, except at
private functions not open to the general public or as provided in Section
5.20.206 of this Code;
C. increase the volume of alcoholic liquor contained in a drink, or the size
of a drink of alcoholic liquor, without increasing proportionately the price
regularly charged for the drink on that day;
D. encourage or permit, on the licensed premises, any game or contest
which involves drinking alcoholic liquor or the awarding of drinks of
alcoholic liquor as prizes for such game or contest on the licensed
premises; or
E. advertise or promote in any way, whether on or off the licensed premises,
any of the practices prohibited under subsections A. through E.
(Ord. 94-7 § 1 (part), 1994: Ord. 89-74 § 1, 1989: Ord. 88-79 § 5, 1988).
(Ord. No. 2015-51, § 2, 9-21-2015)
5.20.206. - Permitted happy hours and meal packages, and party packages.
A. As used in this Section:
"Dedicated event space" means a room or rooms or other clearly delineated
space within a licensee's premises that is reserved for the exclusive use of party
package invitees during the entirety of a parry package. Furniture, stanchions and
ropes, or other room dividers may be used to clearly delineate a dedicated event
space.
"Meal package" means a food and beverage package, which may or may not
include entertainment, where the service of alcoholic liquor is an accompaniment
to the food, including, but not limited to, a meal, tour, tasting, or any combination
thereof for a fixed price by a licensee or any other licensee operating within a sports
facility, restaurant, winery, brewery, or distillery.
"Party package" means a private party, function, or event for a specific social or
business occasion, either arranged by invitation or reservation for a defined
number of individuals, that is not open to the general public and where attendees
are served both food and alcohol for a fixed price in a dedicated event space.
B. A retail licensee may:
1. Offer free food or entertainment at any time;
2. Include drinks of alcoholic liquor as part of a meal package;
3. Sell or offer for sale a party package only if the retail licensee:
a. Offers food in the dedicated event space;
b. Limits the parry package to no more than three hours;
c. Distributes wristbands, lanyards, shirts, or any other such
wearable items to identify parry package attendees so the
attendees may be granted access to the dedicated event
space; and
d. Excludes individuals not participating in the party package
from the dedicated event space;
4. Include drinks of alcoholic liquor as part of a hotel package;
5. Negotiate drinks of alcoholic liquor as part of a hotel package;
6. Provide room service to persons renting rooms at a hotel;
7. Sell pitchers (or the equivalent, including, but not limited to,
buckets of bottled beer), carafes, or bottles of alcoholic liquor
which are customarily sold in such manner, or sell bottles of
spirits;
8. Advertise events permitted under this Section; and
9. Discount any drink of alcoholic liquor during a specified time
period only if:
a. The price of the drink of alcoholic liquor is not changed during
the time that it is discounted;
b. The period of time during which any drink of alcoholic liquor is
discounted does not exceed four hours per day and fifteen
hours per week; however, this period of time is not required to
be consecutive and may be divided by the licensee in any
manner;
c. The drink of alcoholic liquor is not discounted between the
hours of 10:00 p.m. and the licensed premises' closing hour;
and
d. Notice of the discount of the drink of alcoholic liquor during a
specified time is posted on the licensed premises or on the
licensee's publicly available website at least seven days prior
to the specified time.
(Ord. No. 2015-51, § 3, 9-21-2015)
5.20.210 - Application of other ordinances and laws.
Nothing in this Chapter shall excuse or relieve the owner, proprietor or person in
charge of any tavern or other place in the Village where alcoholic liquor or adult use
cannabis is sold from the restrictions and requirements of any other ordinance or
ordinances in the Village or of the statutes of the State.
(Ord. 94-7 § 1 (part), 1994: Ord. 77-35 § 15, 1977)
5.20.220 - Licensing on premises for which license is revoked.
When any license under this Chapter has been revoked for any cause at the
discretion of the Local Liquor Control Commissioner, no license need be granted to any
person, firm or corporation for the period of one year thereafter for the conduct of the
sale of alcoholic liquor or for the conduct of sale of adult use cannabis in the premises
described in such revoked license.
(Ord. 94-7 § 1 (part), 1994: Ord. 77-35 § 16, 1977)
F:\PTBrankin\Buffalo Grove,Village\Ordinances\5.20.192 social hosting responsibility.word-revised(002).docx
Chapter 9.16 - CONTROLLED SUBSTANCES
Footnotes:
--- (2) ---
Editor's note—Prior ordinance history. Ords. 63-5 and 77-13.
9.16.010 - Defined.
"Cannabis," also known as "marijuana," iRGIudes aRY paFt OF paFts of plaR�
r . ;s +;�hethe. ,..,,. iRg or not, and the seeds thereof. r,--(OFd. 94 86 § 47
(p ^T shall have the same definition as "Cannabis" in the State of Illinois
Cannabis Regulation and Tax Act.
9.16.020 - Possession prohibited.
It is unlawful for any person to grow, possess, sell, give away, barter, deliver,
exchange, distribute or administer any cannabis unless it conforms in all resl2ects with
the State of Illinois Cannabis Regulation and Tax Act. (Ord. 94-85 § 47 (part), 1994)
9.16.030 - Sale prohibited.
No person shall expose for sale, sell or offer for sale to any person, directly or
indirectly, within the Village, any cigarette or instrument as defined in Chapter 9.17
containing any controlled substance unless it conforms in all res ects with the State
of Illinois Cannabis Regulation and Tax Act.
(Ord. 94-85 § 47 (part), 1994)
9.16.040 -Violation—Penalty.
Any person violating any provision of this Chapter shall be punished as provided in
Chapter 1 .08. (Ord. 94-85 § 47 (part), 1994)
FAPTBrankin\Buffalo Grove,Villagelordinances19.16 controlled substancesmord -revised.docx
Chapter 9.17- DRUG PARAPHERNALIA
9.17.010- Definitions.
Unless the context otherwise requires,the following terms as used in this Chapter have the
meanings ascribed to them.
A. "Controlled substance" means any drug or controlled substance as defined under
any law of the State or of the United States of America. Notwithstanding the
foregoing,cannabis from licensed cannabis business establishments for the purpose
of selling or dispensing cannabis, cannabis-infused products, cannabis seeds,
paraphernalia or related supplies to purchasers or to gUalified registered medical
cannabis patients and caregivers shall not be deemed a controlled substance for
purposes of this section.
B. "Instrument" means a device used, designed for use,or intended for use in
ingesting, smoking, administering or preparing cannabis, cocaine, phencyclidine,
opium or any derivative thereof, or any other controlled substance,and includes the
following:
1. Metal,wooden, acrylic, glass, stone, plastic or ceramic marijuana (Cannabis
sativa)or hashish pipes with or without screens, permanent screens, hashish
heads, or punctured metal bowls;
2. Water pipes designed for use or intended for use with marijuana (Cannabis
sativa), hashish, hashish oil,or cocaine;
3. Carburation tubes and devices;
4. Smoking and carburation masks;
5. Roach clips;
6. Separation gins designed for use or intended for use in cleaning marijuana;
7. Cocaine spoons and vials;
8. Chamber pipes;
9. Carburetor pipes;
10. Electric pipes;
11. Air-driven pipes;
12. Chilams;
13. Bongs; and
14. Ice pipes or chillers.
C. "Minor" means any person who has not attained eighteen years of age.
(Ord.94-85 §48(part), 1994: Ord. 79-20§ 1(part), 1979)
9.17.020-Prohibition.
It is unlawful for any person to have, possess, sell, offer to sell, dispense or give away any
instrument adapted for the use of smoking, inhaling or ingesting any controlled substance.
Nothwithstanding the foregoing, instruments sold by licensed cannabis business establishments for the
purpose of dispensing cannabis cannabis-infused products cannabis seeds paraphernalia or related
supplies to purchasers or to qualified registered medical cannabis patients and caregivers shall not be a
violation of this section.
(Ord.94-85 §48 (part), 1994:Ord. 79-20 § 1 (part), 1979)
9.17.030-Application.
The provisions of this Chapter shall not apply to:
A. Any person who has been authorized by the Department of Mental Health and
Developmental Disabilities, with the approval of the Illinois State Police,to possess
and deliver substances containing cannabis;
B. Persons registered under federal law to conduct research with cannabis.
C. Any person selling or dispensing from licensed cannabis business establishments for
the purpose of selling or dispensing cannabis, cannabis-infused products,cannabis
seeds, paraphernalia or related supplies to purchasers or to qualified registered
medical cannabis patients and caregivers shall not be deemed a controlled
substance for purposes of this section.
(Ord.94-85 §48 (part), 1994:Ord.79-20 § 1 (part), 1979)
9.17.040-Violation—Penalty.
A. Any person violating any provision of this Chapter shall be punished as provided in
Chapter 1.08 of this Code.
B. In addition to the penalty set forth in subsection A of this section, any person
convicted of a violation of this Chapter shall be subject to revocation of the business
license, if any, issued by the Village to said person.
C.A violation of this Chapter is declared to be a public nuisance and shall be subject to
abatement as provided by law.
(Ord. 94-85 §48(part), 1994:Ord. 79-20§ 1 (part), 1979)