2020-09-21 - Ordinance 2020-062 - AMENDING FEES AND FINES Underlined = addition
Stfikeeut=deletion
9/1/2020
ORDINANCE NO. 2020-62
AN ORDINANCE AMENDING FEES AND FINES
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, the Village desires to amend its fees and fines because the existing rate does not
adequately cover the cost of the service, no fee/fine existed previously, the fine is no longer a deterrent to
noncompliance,or the fee is lower that other Municipal comparables for similar service; and
WHEREAS,the Village desires to amend Fees and Fines Schedule,as follows.
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. Sections 3.36.030 and 6.08.030.0 of Section 1.16.010, Fee Schedule of the Buffalo
Grove Municipal Code are hereby amended to read as follows:
..........
Buffalo Grove
Municipal Code Classification Fee
Section
.._......®..... .......�.�.........
3.36.030 Nonresident who utilizes the emergency medical service: BLS $1,300
_--- .........................__-_........ _ ..... ....... --
3.36.030 Nonresident who utilizes the emergency medical service:ALS $1,475
Level 1
3.36.030 Nonresident who utilizes the emergency medical service:ALS $1,675
Level 2
3.36.030 Resident who utilizes the emergency medical service: BLS $975
3.36.030 Resident who utilizes the emergency medical service:ALS Level 1 $1,275
3.36.030 Resident who utilizes the emergency medical service:ALS Level 2 $1,500
........ ........ .........
6.08.030 subsection
C. Animal impound fee per day $25
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Section 3, Section 2.62.015, Village code hearing jurisdiction,of the Buffalo Grove Municipal
Code is hereby amended as follows:
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.
E. Increase in fine amount if unpaid. A person who fails to appear at a hearing,fails to contest a
notice of violation or fails to file a motion to set aside default judgement within thirty-five days of
the issuance of a default order, the original fine amount shall double.
Section 4. Table 2.62.015-1,Table of Offenses and Fines,of the Buffalo Grove Municipal Code
is hereby amended by changing the following offenses of Sections 6.12.020,9.16.020, 9.48.020,
9.48.030.A, 9.48.040,9.52.020 and 9.68.010 as follows:
..............
Chapter/Section Title/Offenses Minimum Maximum Minimum
Fine/Fine Fine* Fine
Paid Before Must
Hearing Appear
At Hearin
Chapter 9.16 Buffalo Grove Controlled -
Substances Adoption by reference
of the Illinois Cannabis Regulation
and Tax Act(ICRTA)
ICRTA 10-5 _ Possession of Cannabis(over 30 $150 $250
9.16.020.A- For grams of cannabis flower)
residents of the
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State of Illinois
ICRTA 10-5, 10-10 Possession of Adult Use Cannabis $150 $250
9.16.020.13-For with more than 500 milligrams of
residents of the THC contained cannabis-infused
State of Illinois product
ICRTA 10-5, 10-10 Possession of more than 5 grams of $150 $250
9.16.020.0- For cannabis concentrate
residents of the
State of Illinois
ICRTA 10-5, 10-10 Possession of Adult Use Cannabis of $150 $250
9.16.020.D- For persons under 21
residents of the
State of Illinois
ICRTA 10-5, 10-10 Possession of Cannabis(aver 15 $150 $250
9.16.020.E-For grams of cannabis flower)
nonresidents of
the State of Illinois
ICRTA 10-5, 10-10 Possession of Adult Use Cannabis $150 $250
9.16.020.E- For with more than 250 milligrams of
nonresidents of THC contained in cannabis-infused
the State of Illinois product
ICTTA 10-5, 10-10 Possession of more than 2.5 grams $150 $250
9.16.020.G -For of cannabis concentrate
nonresidents of
the State of Illinois
ICRTA 10-5, 10-10 Possession of Adult Use Cannabis of $150 $250
9.16.020.H - For persons under 21
nonresidents of
the State of Illinois
ICRTA 10-5, 10-10, Possession, consumption, use, $150 $200
10-15 purchase, obtaining, transporting,or
9.16.020.1 cultivating cannabis not otherwise
in accordance with ICRTA
ICRTA 10-5, 10-20 Use of false identification to obtain $150 $250
9.16.020.J cannabis
ICRTA 10-20, 10- Sale,transferring and/or facilitation $150 $250
35 the use of Cannabis not in
9.16.020.K conformance with ICRTA
ICRTA 10-35 Undertaking tasks, possession, use, $150 $250
9.16.020.E smoking,operating, navigating or
being in actual physical control of
any motor vehicle, aircraft or
motorboat while using cannabis in
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violation of the Illinois Vehicle Code
ICRTA 10-35 Possession and/or consumption in a $150 $250
9.16.020.M prohibited public place and/or
otherwise in violation of State
statute
Chapter 9.48 Trespass and Damage to Property
9.48.020 Trespass $150
9.48.030.A. Damage to Village Property $150
9,41,040 Graffiti $150
Chapter 9.52 Theft
9.52.020 Theft $200
9.52.020 Retail Theft $250
__ _.... _ .. _
__ ___
.w..._.. _ .�__...—_......_._—.._
Chapter 9.68 Curfew
9.68.010 Curfew $100
Section 5. Section 9.16.020,Possession prohibited,of the Buffalo Grove Municipal Code is
hereby amended to read as follows:
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 respects with the State of Illinois Cannabis Regulation
and Tax Act.
A. Possession of Cannabis(over 30 grams of cannabis flower)for residents of the State of Illinois.
B. Possession of Adult Use Cannabis with more than 500 milligrams of THC contained cannabis-
infused product for residents of the State of Illinois.
C. Possession of more than 5 grams of cannabis concentrate for residents of the State of Illinois.
D. Possession of Adult Use Cannabis of persons under 21.
E. Possession of Cannabis(over 15 grams of cannabis flower)for nonresidents of the State of
Illinois.
F. Possession of Adult Use Cannabis with more than 250 milligrams of THC in cannabis-infused
product for nonresidents of the State of Illinois.
G. Possession of more than 2.5 grams of cannabis concentrate for nonresidents of the State of
Illinois.
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H. Possession of Adult Use Cannabis of persons under 21 for nonresidents of the State of Illinois.
I. Possession,consumption,use,purchase,obtaining, transporting, or cultivating cannabis not
otherwise in accordance with ICRTA.
J. Use of false identification to obtain cannabis.
K. Sale,transferring and/or facilitation the use of Cannabis not in conformance with ICRTA.
L. Undertaking tasks,possession,use,smoking,operating, navigating or being in actual physical
control of any motor vehicle,aircraft or motorboat while using cannabis in violation of the
Illinois Vehicle Code.
M. Possession and/or consumption in a prohibited public place and/or otherwise in violation of State
statute.
Section 6. Section 9.52.020, Designated acts,of the Buffalo Grove Municipal Code is hereby
amended to read as follows:
9.52.020- Designated acts.
No person shall:
A. Obtain or exert unauthorized control over property of the owner;or
B. Obtain by deception control over property of the owner; or
C. Obtain by threat control over property of the owner;
D. Obtain control over stolen property knowing the property to have been stolen by another,or under
such circumstances as would reasonably induce them to believe that the property was stolen, and:
1. Intends to deprive the owner permanently of the use or benefit of the property, or
2. Knowingly uses, conceals or abandons the property in such manner to deprive such owner
permanently of such use or benefit,or
3. Uses,conceals or abandons the property knowing that such use,concealment or abandonment
probably will deprive the owner permanently of such use or benefit.
E. A person commits the offense of retail theft when he or she knowingly:
1. Takes possession of, carries away, transfers or causes to be carried away or transferred, any
merchandise displayed, held, stored or offered for sale in a retail mercantile establishment
with the intention of retaining such merchandise or with the intention of depriving the
merchant permanently of the possession, use or benefit of such merchandise without paying
the full retail value of such merchandise;or
2. Alters, transfers or removes any label, price tag, marking, indicia of value or any other
markings which aid in determining value affixed to any merchandise displayed, held, stored
or offered for sale, in a retail mercantile establishment and attempts to purchase such
merchandise personally or in consort with another at less than the full retail value with the
intention of depriving the merchant of the full retail value of such merchandise; or
3. Transfers any merchandise displayed, held, stored or offered for sale, in a retail mercantile
establishment from the container in or on which such merchandise is displayed to any other
container with the intention of depriving the merchant of the full retail value of such
merchandise;or
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4. Underrings with the intention of depriving the merchant of the full retail value of the
merchandise.
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 S. 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-Stein,Ottenheimer,Weidenfeld,Johnson,Smith,Pike
NAYES: 0-None
ABSENT: 0-None
PASSED: September 11.2020
APPROVED: September 21 2020
PUBLISHED: September 22,20
APPROVED:
jzu"- J444�
everly Sussman allage President
ATTEST:
Janet MAirabian,Village Clerk
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