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2022-12-05 - Ordinance 2022-123 - AMENDING TITLE 2 AND ADDING APPENDIX A OF THE MUNICIPAL CODE �. ORDINANCE NO. 2022-123 AN ORDINANCE AMENDING TITLE 2 AND ADDING APPENDIX A OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS,the Village is updating the municipal code to be clear, precise, and modern. NOW,THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS that: SECTION 1: Title 2 of the Village of Buffalo Grove Municipal Code is hereby amended to read as in Exhibit A, which is attached hereto and made a part hereof. SECTION 2: Appendix A of the Village of Buffalo Grove Municipal Code is hereby added as in Exhibit B, which is attached hereto and made a part hereof. SECTION 3: This Ordinance shall be in full force and effect from and after its passage, pending review and approval of the Village Attorney. AYES: 5-Stein,Weidenfeld,Johnson,Smith, Pike NAYES: 0-None ABSENT: 1-Ottenheimer PASSED: December 5,2022 APPROVED: December 5,2022 APPROVED: Beverly Sussman, illage President ATTEST: ���� ��ti� Janet � abian,Villa�e Clerk �' - _ — � . . - -, `%" _ .�_..,.. �-- _� - - . ,-- � - - - ;, _ ..�., .i.,i./: ,� % ' , .�. � EXHIBIT A VILLAGE OF BUFFALO GROVE MUNICIPAL CODE TITLE 2 Title 2 - ADMINISTRATION AND PERSONNEL Chapter 2.OZ - PROCEDURES OF THE CORPORATE AUTHORITIES 2.02.010- Meetings. A. Regular Meeting Dates. The Corporate Authorities shall hold regular meetings on the first or third Monday of each month. However, if such meeting date falls on a legal holiday, on which legal holiday the Village offices are closed for Village business,the meeting shall be held on the next following day which is not a legal holiday and on which day the Village offices are open for Village business or on such other day as approved by the Corporate Authorities."Legal holiday" includes any day designated as a state or national legal holiday. B. Meeting Times.All meetings of the Corporate Authorities,whether in a regular or special meeting or in a meeting of the committee of the whole, shall commence at the hour of 7:30 p.m., unless a different time is fixed for a particular meeting and proper notice given of such time. C. Meeting Place. All meetings of the Corporate Authorities shall be held in the Council Chambers of the Village Municipal Hall,unless some other place has previously been fixed for a particular meeting and proper notice given of such place. D. Committee of the Whole. 1. The Corporate Authorities regular schedule of ineetings of the committee of the whole shall be on the first or third Monday of each month. Committee of the whole meetings may be scheduled at such other times as may be directed by action of the Corporate Authorities or the Village President. No final action may be taken at a meeting of the committee of the whole. However, the committee of the whole may direct that items taken up in the committee be placed on the agenda of the Corporate Authorities at a regular meeting or removed therefrom. For purposes of notice requirements, agenda, and meeting times, committee of the whole meetings shall be treated as a meeting of the Corporate Authorities. 2. There shall be placed on the agenda of a committee of the whole meeting an item entitled questions from the audience. Members of the public, during the questions from the audience, may address the committee with comments regarding onlythose items that are relevant to Village business. No person shall speak for more than five minutes without consent of the Village President.The Village President shall strictly restrain comments and questions to matters that are relevant to Village business and shall not permit repetitious comments or arguments. B. Presiding Officer. The Village President shall be the presiding officer at all meetings of the Board of Trustees and at all times when the Board meets as a committee of the whole. C. Quorum. A quorum of the Corporate Authorities shall consist of not less than four Trustees or three Trustees and the Village President; provided that a lesser number may adjourn a meeting to a later date. D. Adjournment. Every meeting of the Corporate Authorities shall adjourn, or shall recess to a later day by 11:30 p.m., unless a majority of the Trustees present agree to continue the meeting by motion for a specific additional amount of time or to continue the meeting to the completion of the agenda or to the completion of any item of business specified in the motion. A motion to continue the meeting shall be non-debatable except as to the amount of time. Any matter not disposed of shall be placed on the agenda for the next regular meeting unless deferred by a majority of the Corporate Authorities present. 2.02.020- Special meetings. A. Calling.Special meetings of the Corporate Authorities may be called by the Village President or by any three Trustees. B. Special Notice. Special meetings shall require at least forty-eight hours' advance public notice,which notice shall include the agenda for the special meeting. C. Only items of business that have been set forth upon the agenda of the special meeting shall be considered at the special meeting. This provision shall not prohibit the Corporate Authorities from discussing any item in executive session as allowed by law. 2.02.030- President Pro Tem. A. The Village President, by and with the advice and consent of the Board of Trustees, shall appoint the senior Trustee as President Pro Tem. Seniority shall be based on the most continuous time served as a Trustee. In the event that more than one Trustee has equal seniority, the Trustees having equal seniority shall draw lots to determine who shall hold the position of President Pro Tem. B. The President Pro Tem shall perform the duties pertaining to the office of the Village President during an absence or disability of the Village President. The Village President shall be deemed absent when he/she is outside of the state or otherwise unavailable, within one hour's notification of the need to exercise the powers of his/her office by the Village Manager or designee. C. If the absence or disability of the Village President lasts longer than thirty days,the Board of Trustees shall then elect one of its members to act as President Pro Tem at the first Board meeting occurring at least thirty days after said notice. D. The President Pro Tem shall serve until any of the following occurs: 1. Such person resigns as President Pro Tem, or 2. Such person is no longer a Village Trustee, or 3. A successor is chosen, pursuant to subsection A hereof, following the next general municipal election,or 4. An affirmative vote of the majority of the Trustees then holding office to remove the President Pro Tem, or 5. A successor is chosen pursuant to subsection C hereof. E. In the event the Village President fails to attend a meeting of the Village Board,the President Pro Tem shall act as a temporary chairperson for the meeting of the Village Board, and while so serving as temporary chairperson, shall have only the power of a presiding officer and a right to vote in the capacity as Trustee on any ordinance, resolution, or motion. In the absence of the Village President and President Pro Tem from a meeting,the Board of Trustees may elect one of their members to act as a temporary chairperson. F. The Village President, by and with the advice and consent of the Board of Trustees, shall appoint a Village Treasurer. 2.02.040- Public notice of ineetings. A. Annual Notice. The Village Clerk shall, at the beginning of each calendar year, prepare, post in the Village Hall in a public place, and make available to the public a schedule of regular and committee of the whole meetings for the year. The schedule shall state the regular dates, time and place of the regular meetings and all regularly scheduled meetings of the committee of the whole. B. Special, Rescheduled, and Reconvened Meetings. The Village Clerk shall give notice of all special meetings, all rescheduled regular meetings, and all reconvened meetings at least forty-eight hours prior to such meetings. Notice shall not be required of any reconvened meeting, if the meeting is to reconvene within twenty-four hours or if the time of reconvening is announced at the original meeting and there is no change in the agenda. C. Changes in Schedule.The Village Clerk shall give notice of any change in the regular meeting dates or committee of the whole meeting dates of the Corporate Authorities prior to the first meeting held under the changed schedule. In addition to the notice required under subsection D of this section,the Clerk shall publish the notice of change in schedule in a newspaper of general circulation in the Village. D. All notices required under this section shall be given to any news medium that has filed an annual request for such notice and shall be posted on the Village's website pursuant to the Illinois Open Meetings Act("Act"). E. The Corporate Authorities shall comply with the minimum notice requirements of the Act.The Village Clerk shall give any additional notices, and shall comply with any additional requirements of the Act, as may be provided in addition to the requirements of this section. 2.02.050-All meetings open. A. Open Meetings. All meetings of the Corporate Authorities, including meetings of the committee of the whole or other committees shall be open to the public, except for executive sessions held in accordance with subsection B of this section and the Act. B. Executive Sessions. Executive sessions closed to the public may be held only in connection with those subjects exempt from public meetings or authorized for closed sessions under the Act. No executive session may be held unless the Corporate Authorities by motion determine to hold such session.The committee of the whole may move to hold its proceedings in executive session whenever appropriate subjects are to be considered, but the motion must be made in a public meeting. C. Debate on Executive Sessions. Whenever a matter appropriate for consideration in an executive session is requested to be taken up in an executive session by the Village Manager, by any member of the Corporate Authorities, by the Village Attorney, or by any person affected by the matter to be considered,the Corporate Authorities shall consider the request. Pending a decision by the Corporate Authorities whether to hold an executive session as requested, or at a later time, or whether to consider the matter in an open meeting, the members of the Corporate Authorities shall refrain from public discussion of the substance of the matter.Any subject matter committed to executive session shall be confidential. No public disclosure of the Corporate Authority's discussions held or any decisions made in executive session shall be made until the matter is made public by announcement, publication or official action by or at the direction of the Corporate Authorities or the Village Manager. D. A motion to go into executive session may be made at any time during an open meeting of the Corporate Authorities, whether or not an executive session has been scheduled on the agenda, but shall be out of order if the subject matter is not eligible to be considered at an executive session pursuant to the Act. 2.02.060- Order of business. A. Standing Orders.The standing order of business for all regular meetings of the Corporate Authorities shall be: 1. Call to order; 2. Pledge of allegiance; 3. Roll call for attendance; 4. Approval of the minutes of the previous meetings; 5. Approval of warrant; 6. Village President's Report; 7. Village Manager's Report; 8. Special business; 9. Reports from Trustees; 10. Consent agenda; 11. Ordinances and resolutions; 12. Unfinished business; 13. New business; 14. Public comment; 15. Executive session; 16. Action on executive session items, if required; 17. Adjournment. B. Procedure. All items of business shall be considered in the order in which they are listed on the agenda, and all orders of business shall be taken up in the standing order.The order of business may be changed, or an item taken up before its place on the agenda at the discretion of the Village President. 2.02.070- Subjects of orders of business. The following restrictions shall apply to the orders of business indicated: A. Public Comment. 1. For non-agenda items,members ofthe general public may address the Corporate Authorities with concerns or comments regarding issues that are relevant to Village business. Issues that are not relevant to Village business shall not be allowed and shall not include any disrespectful remarks or comments relating to individuals. All members of the public addressing the Corporate Authorities shall,at all times, maintain proper decorum.All public comment shall be addressed to the Corporate Authorities as a whole,and no comments shall be addressed to individual members of the Corporate Authorities,Village staff or other members of the public.Speakers shall use every attempt to not be repetitive of points that have been made by others. Individual citizens may be allotted up to five minutes as determined by the Village President to present their points unless in the Village President's discretion more time is allotted. 2. Debate or general discussion by the Corporate Authorities on any matters raised during questions from the audience shall only be as allowed by the Village President. The Corporate Authorities may refer any matter of public comment to the Village Manager, Village staff, or an appropriate agency for review,or may place the matter on a subsequent agenda for discussion. 3. For agenda items, comments may be made during the agenda item, when recognized by the Village President. Individual citizens may be allotted up to five minutes by the Village President to present their points unless a longer time is approved by the Village President. B. Reports from Trustees. Trustee reports shall generally be limited to reporting on committees or commissions or announcements or comments of general community interest. In the event that a Trustee has an issue to present that is not on the agenda, or requests action on a matter, he or she shall do so under New Business subject to the requirements of this Chapter.The Village President can direct that Trustee matters be heard under New Business. Trustee reports shall be limited to ten minutes unless otherwise approved by the Village President. C. New Business. In the event that the Village President or a Trustee brings up a topic or issues for new business, he or she shall be limited to a maximum offive minutes for presentation of the item of new business and to make any motion to put the item on a future agenda. In the event that any such motion is seconded and passed, the item can be placed on a future agenda. Discussion on such a motion to put the issue on a future agenda shall be limited to five minutes for each Trustee desiring to speak. No action shall be taken on any issue that is brought up other than placing it on a future agenda. In the event there is no motion to place the item on a future agenda,any comments by other Trustees on the topic shall be limited to a maximum of five minutes. 2.02.080-Agenda. A. Contents. The agenda for a meeting shall contain all of the items of business to be considered by the Corporate Authorities at such meeting. No final action shall be taken on any item which is not properly on the agenda.The agenda shall contain all items of business under the proper order of business. B. Preparation. The agenda shall be prepared under the direction of the Village Manager, and shall include such matters as the Manager or Village President shall determine, matters previously set by the Corporate Authorities for the particular meeting, including matters postponed to such date, and matters requested by at least two Trustees. C. Supplemental Agendas. The Manager may, at the Manager's discretion, and shall at the request of the Village President or any two Trustees, issue a supplemental agenda no later than the Friday preceding the regular meeting.Supplemental agendas shall be distributed with all necessary materials to be considered at the meeting. D. Distribution of Agendas. As soon as the final agenda is issued for any meeting of the Corporate Authorities, it shall be posted in a public place in the Village Hall, distributed to the members of the Corporate Authorities and to all Village departments, and made available to the public. Copies of the agenda shall also be available to the public at the meeting. E. Committee of the whole agendas. All committee of the whole agendas shall be prepared and distributed and shall have the same effect as herein provided for agendas of regular meetings of the Corporate Authorities.Committee of the whole agendas may be issued up to forty-eight hours before the meeting. 2.02.090- Consent agenda. A consent agenda shall be prepared under the direction of the Village Manager, and shall include such matters as the Manager shall determine are routine.All items listed on the consent agenda will be enacted by one motion and one vote, which shall be a roll call vote. No separate discussion of any items listed on the consent agenda will occur unless the Village President, a Trustee, or a citizen so requests, in which event the item will be removed from the consent agenda and considered individually after all other items of business on the regular agenda under new business. 2.02.100- Changes to agenda. A. Removal. Any matter included on an agenda may be removed from the agenda by the Corporate Authorities. Such motion shall be in order at any time the item is before the meeting. Removal of an item from the agenda shall not affect its subsequent inclusion on a later agenda. B. Additions. Any matter not included on an agenda or a supplemental agenda for a meeting may be added by a majority vote of the Corporate Authorities. Any added matter shall only be for discussion purposes; no final action may be taken by the Corporate Authorities on any matter not on the published agenda. 2.02.110- Ordinances—Resolutions. A. Ordinances. No ordinance shall be considered by the Corporate Authorities until it has been reviewed by the Village Manager and approved as to form by the Village Attorney. B. Resolutions. No resolution shall be considered unless it has been reduced to writing and reviewed by the Village Manager and approved as to form by the Village Attorney. C. Amendment. Any ordinance, resolution or contract may be amended, or blanks therein filled, upon motion adopted by the Corporate Authorities at any time before final passage. D. Reading. No ordinance, resolution or contract need be read at large prior to consideration or action by the Corporate Authorities. 2.02.120- Ordinances amending the Buffalo Grove Municipal Code. A. An ordinance which proposes to amend the text of any existing section ofthe Buffalo Grove Municipal Code shall set forth the entire existing text of such section,and shall indicate the changes to be made in such section by underscoring new text to be added thereto, and by lining through an existing text to be deleted or repealed by the amendatory ordinance. B. Whenever an entirely new section is to be added to the Buffalo Grove Municipal Code, the amendatory ordinance so proposing may indicate such intent by bracketing the entire text of the proposed section, in lieu of underlining its text. C. Whenever an ordinance proposes to repeal an entire section of the Buffalo Grove Municipal Code,or to re-section an existing section with another section number, the amendatory ordinance so proposing need not reproduce the text of such section nor show such text as deleted. D. In any ordinance amending the Buffalo Grove Municipal Code, if any existing text of any existing section being amended therein is not set out, and is not shown in the amendatory ordinance as being deleted or repealed,then such omitted text shall remain as part of the Buffalo Grove Municipal Code the same as if such amendatory ordinance had not been passed. E. The requirements of this section shall not apply to any ordinance which contains entirely new matter, and which does not by its terms amend, add to, or repeal provisions of the Buffalo Grove Municipal Code. F. Ordinances of the Village of Buffalo Grove shall be construed in accordance with the drafting requirements imposed by this section. Failure of any ordinance hereafter to comply with the requirements of this section shall not invalidate such ordinance. 2.02.130- Minutes. A. Procedure—Clerk. The Village Clerk shall keep draft minutes of all official meetings of the Corporate Authorities, which shall be reduced to writing and submitted to the next regular meeting for correction and approval. Unless directed by the Corporate Authorities,the minutes shall not be read prior to adoption.Any person may rise to point out errors or omissions in the draft, and additions and corrections shall be made prior to adoption upon motion by any Trustee or at the request of the Clerk. The minutes as approved shall constitute the official journal of the proceedings of the Corporate Authorities. B. Contents. The minutes shall include all motions made and all actions taken by the Corporate Authorities, including the maker and seconder,and shall indicate all matters taken up, even when no action is taken.All roll call votes shall be recorded,and voice votes so indicated.All persons presenting matters or speaking to any item shall be indicated. All rulings shall be noted. Summaries of points made and discussions shall be included at the direction of the Corporate Authorities.Any member of the Corporate Authorities may dissent from any action taken and have the reasons therefor included in the minutes. C. Subsequent Additions and Corrections. If any errors or omissions are discovered in minutes previously approved, such minutes may be corrected by a written correction thereto adopted by a majority of the Corporate Authorities. The Clerk shall distribute to the members of the Corporate Authorities a statement of the correction and the reason therefor. It shall not be necessary to reconsider the approval of the minutes previously adopted. However, no minutes shall be corrected so as to indicate a change in the result of any vote on any ordinance,budget or expenditure item,or contract approval, from the result announced by the Village President at the meeting. 2.02.140- Debate and discussion. A. Discussion. All items of business on the agenda of a meeting shall be open for discussion and debate by the Corporate Authorities upon being called by the Village President. Upon the sole discretion of the Village President, the Village President may call upon Village staff to discuss, debate, or provide information relating to any and all items of business on the meetings agenda. B. Previous Question. Whenever a motion is pending, debate shall be closed by the Village President when the issue is exhausted or the points raised become repetitious or dilatory. Any Trustee may move the previous question at any time and, if carried by a two-thirds vote, such motion shall terminate all discussion and debate.A motion to move the previous question is not debatable. C. No person shall speak unless recognized by the Village President. All discussion and debate shall be courteous, respectful, and to the point. Remarks shall be addressed to the Village President. 2.02.150- Motions to table, defer, or remove from agenda. A. Tabling. A motion to table shall dispose of an item of business, which shall not again be considered until the item is removed from the table. Tabling of a specific proposal shall not, however, preclude future consideration of a similar, but substantively different, proposal as a different item.Tabling of a subject matter shall bar the entire subject from any future consideration until removed from the table by action of the Corporate Authorities. B. Removing from Table. No matter may be removed from the table except upon motion adopted by a majority vote of the Corporate Authorities. No matter which is not on the agenda of a meeting may be removed from the table except by motion adopted by a majority vote of the Corporate Authorities then present. No matter previously tabled may be added to the agenda during the same meeting it is to be considered for passage or adoption. C. Defer. A motion to defer consideration shall defer all consideration of an item until a later time,date or the occurrence of an event. D. Remove. A motion to remove from agenda shall terminate all consideration of the item at the meeting, and shall not direct or imply any direction with regard to consideration at any future meeting. 2.02.160- Practice—Generally. A. Motions. No motion shall be put to a vote unless it is seconded. Neither the maker nor seconder of a motion shall be required to vote in favor of the motion. B. Withdrawal of Motions—Seconds. The maker of a motion may withdraw it any time before the commencement of the vote, without the approval of the seconder. The seconder may thereupon renew the motion and seek a new seconder; if the seconder does not renew the motion, any other Trustee may then do so. A seconder of a motion may withdraw their second at any time before the commencement of the vote. C. Amendment of Motions. The maker of a motion may amend their motion, with the concurrence of the seconder,at any time prior to the commencement of the vote. D. Motions to Amend and to Fill Blanks. 1. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be entertained. 2. An amendment modifying the intention of a proposition shall be in order; but an amendment not germane to the subject of the pending proposition shall not be in order. 3. On an amendment to "strike out and insert,"the paragraph to be amended shall first be read as it stands, then the words proposed to be stricken out, then those to be inserted, and finally the paragraph as it will stand if so amended shall be read. E. Division of Questions. A question which is divisible shall be divided upon a motion to divide adopted by the Corporate Authorities, and not otherwise.A question shall be divisible only if it contains more than one distinct proposition,and only if all of the divided propositions are each capable of complete and independent adoption or passage. However, no ordinance shall be divisible. F. Motion to Substitute. A substitute for any original proposition under debate or for any pending amendment to such proposition may be entertained by motion. If accepted by the Corporate Authorities by majority vote,the substitute motion shall entirely supersede such original proposition or amendment,as the case may be. G. Reconsideration. 1. A vote or question may be reconsidered at any time during the same meeting, or at the first regular meeting held thereafter. A vote or question may be reconsidered or a matter rescinded at a special meeting held prior to the next regular meeting but only if there are present at such special meeting as many members of the Corporate Authorities as were present when the original vote was taken.Where a motion to reconsider is made at the same meeting as the passage of the original motion it may be postponed to a later date certain. 2. A motion for reconsideration having been made and decided in the negative or tabled shall not be renewed, nor shall a motion to reconsider be reconsidered. 3. A motion to reconsider must be made by a Trustee who voted on the prevailing side of the question to be reconsidered. Any Trustee may second a motion to reconsider. Any vote upon a motion to reconsider shall be by roll call vote. H. Rescinding and Repeal. No resolution or other written proposition shall be subsequently rescinded except by adoption of a written resolution or other written proposition. No ordinance or provision of an ordinance shall be repealed except by a subsequent ordinance which expressly and specifically affects such repeal. No ordinance shall be construed to repeal any previous ordinance by implication, notwithstanding any inconsistency or conflict between them;in such cases,the subsequent ordinance shall supersede the prior ordinance and shall govern those situations to which it is applicable to the extent of such conflict or inconsistency, and the prior ordinance provisions shall remain applicable to all other situations,circumstances and applications as to which it has not been superseded. 2.02.170-Voting procedure. A. Roll Call Votes.A roll call vote by ayes and nays shall be taken on any motion: 1. To pass ordinances, approve contracts, authorize expenditures, adopt or amend the budget, or waive competitive bidding; 2. Which any majority greater than a simple majority of the members of the Corporate Authorities present is required; 3. Required by State law to be by record vote; 4. To reconsider a roll call vote or to pass, adopt or approve any ordinance, resolution or motion over the veto of the president; 5. To appeal the ruling of the chair; 6. At the request of any member of the Corporate Authorities. B. Putting the Question.The Village President shall put the question on all votes.The question shall not be restated or read by the Clerk unless directed by the Village President or requested by a Trustee. C. Voting. Each Trustee shall vote in the order of their seniority on the Village Board. The Village President,when authorized to vote,shall always vote last. When the Clerk calls on a member to vote, the member of the Corporate Authorities may take one minute to explain their reasons.Any Trustee may change their vote until the Clerk announces the tally, which shall be announced as soon as the tally is complete unless a member is recognized to change their vote. Every Trustee shall vote aye or nay on every roll call, and shall not abstain unless they declare a conflict of interest, as defined under State law or the Village ordinances. A Trustee who does not vote, or who requests an abstention without announcing a de jure conflict of interest, or who votes "pass" or"present" shall be recorded, at the conclusion of the roll call,voting with the majority on the particular question. D. Effect of Not Voting. Except for instances of de jure conflicts of interest, and except for a motion to appeal the ruling of the Village President, failure or refusal to vote by a Trustee in attendance shall constitute concurrence in the vote of the majority who did vote on the question involved. E. The passage of any resolution or motion: (1) not creating any liability against the Village;or(2) not for the expenditure or appropriation of its money; or(3)any other matter not required by statute or by Village ordinance to receive any particular vote shall require the concurrence of a majority of all members of the Corporate Authorities present. The Village President shall not vote on any such resolution or motion except the following: (a)where the vote of the Trustees has resulted in a tie;or (b) where one-half of the Trustees present have voted in favor of the resolution or motion even though there is no tie vote. F. The Village President shall announce the result of every vote, whereupon no further discussion, debate, or explanation of votes shall be in order on the question voted, except on a motion to reconsider, made and seconded. 2.02.180- General rules and decorum. A. The Village President shall decide all questions of order, and in all cases where these rules are not applicable,the Corporate Authorities shall be governed by parliamentary law as set forth in Robert's Rules of Order Newly Revised, latest edition. B. Trustees discussing a question or item shall address the Village President, and no Trustee shall proceed with his or her remarks until recognized and named by the Village President. He or she shall confine themselves to the questions under debate avoiding personalities and refrain from impugning the motives of any other member's argument or vote. C. The Village President may designate the maximum amount of time which may be devoted to the debate or discussion on any matter of business appearing on the agenda or any item that is raised by a Trustee or by staff or by any other person coming before the Board unless otherwise specifically set forth herein. Before discussion may continue beyond the designated time a majority of the Trustees present must first agree to continue the debate for a specific additional amount of time.A motion to continue the debate shall be non-debatable. D. The Village President shall maintain order and decorum at all times during meetings of the Corporate Authorities. The Village President shall call to order any Trustee who transgresses these rules, and shall admonish all other persons who do not abide by these rules or the Village ordinances. E. No person shall interrupt the person who has the floor, except the Village President. F. No member shall speak more than twice on any agenda item that was on the published agenda,unless the Village President permits additional comments for an amount of time determined by the Village President. No member shall speak longer than ten minutes at any one time, and not again until every other member desiring to speak shall have had an opportunity to do so. G. While a member is speaking, no member shall disturb the meeting or hamper the transaction of business. Members shall refrain from openly sending or receiving text messages during the meeting. Member's cell phones and similar devices shall be kept on "silent" and off the dais so as to not be distractive to either the public or the Corporative Authorities. H. A member when called to order by the Village President shall thereupon discontinue speaking and the order or ruling of the Village President shall be binding and conclusive, subject only to the right of appeal. Any member may appeal to the Board of Trustees from a ruling of the Village President pursuant to Section 2.02.200. I. Any member acting or appearing in a lewd or disgraceful manner,or who uses abusive, disrespectful or disgraceful, obscene or insulting language to or about any member of the Board of Trustees or a member of staff, or who does not obey the order of the Village President, or persists in disorderly, disruptive conduct shall be, on motion, censured by a majority vote of the members present. Any member who interferes with the orderly conduct of the meeting or who persists in disorderly, disruptive conduct may be expelled from the meeting by a two-thirds vote of all members elected. J. The Village President shall eject from the meeting any person, other than an elected official, who interFeres with the orderly conduct of the meeting or who persists in disorderly, disruptive conduct and may call on any officer of the police department for assistance. K. Meetings of the Corporate Authorities may be sound recorded, photographed,filmed or televised by representatives of any news medium,as defined in Section 8-902 of the Illinois Code of Civil Procedure (735 ILCS 5/8-902),as now or hereafter amended,or as may otherwise be authorized underthe Illinois Open Meetings Act. 1. No flashbulbs, flood lights or simi�ar lighting may be used during meetings of the Corporate Authorities without the approval of the Village President. No person may disrupt a meeting or interFere with the orderly communication among or the unobstructed vision of the participants in the meeting,or of the general public in attendance. 2. Photographic and television equipment may be restricted by the Village President to designated areas ofthe room in which a meeting is being conducted, but such area must have a clearview of the proceedings. 3. No person shall take photographs or make other visual recordings of any meeting until he or she has informed the Viilage President of such intent. L. Whenever the Corporate Authorities sits as a tribunal or conducts a hearing at which witnesses are to testify, and a witness asserts the right under state or federal law to refuse to testify if the proceedings are to be broadcast, televised or photographed, the Village President shall direct that all such photographing, broadcasting and televising cease during the testimony of the witness,and the Village President shall enforce such order by all lawful means. M. When preparing for any meeting of the Corporate Authorities,members should,to the greatest extent possible,direct questions ahead of time to the Village Manager,or designee,so that staff can provide the desired information at the Corporate Authorities meeting. 2.02.190-Appeals. Any Trustee may appeal from a ruling of the Village President. If the appeal is seconded, only the Trustee moving the appeal may speak to the motion, but the Village President may explain his ruling. Otherwise there shall be no discussion or debate.The Village President shall put the question: "Shall the decision of the Chair be sustained?" If a majority of the members present vote"no,"the decision of the Chair shall be overruled;otherwise, it shall be sustained. 2.02.200 - Suspension of rules. The rules of order of the Corporate Authorities may be suspended by motion adopted by a two-thirds vote of the Corporate Authorities then holding office, except that any suspension of a rule or procedure requiring a greater vote shall require that same vote. However, no requirement or procedure imposed by any State law which is a limitation on municipal home rule units may be suspended.Any such motion must specify the matters to which the suspension applies. No suspension of the rules of procedure shall extend beyond the meeting at which the motion is made. 2.02.210- Rules of order. The rules of order of the Corporate Authorities of the Village of Buffalo Grove shall consist of the provisions of this Chapter and, except where inconsistent or in conflict with this Chapter or with Illinois law, the provisions of Robert's Rules of Order Newly Revised, (atest edition, to the extent otherwise applicable. 2.02.220- Electronic attendance at meetings. The following are the rules relating to the electronic attendance at meetings by corporate authorities: A. Electronic Attendance at Meetings Rules. The Village of Buffalo Grove hereby adopts the following rules for electronic attendance at meetings, that permit a member of the public body to attend any meeting of a public body as defined in the Open Meetings Act via electronic means. Any member of the Corporate Authorities may attend any open or closed meeting of the Village of Buffalo Grove via electronic means,such as by telephone,video or internet connection, provided that such attendance is in compliance with these rules and applicable laws. The word "meeting" as used in the Code shall mean and be the same as it is defined in the Illinois Open Meetings Act, and as may be thereafter amended. B. Prerequisites. A member of the Corporate Authorities of the Village of Buffalo Grove may attend a meeting electronically if the member meets the following conditions: 1. A quorum is physically present throughout the meeting; and, a majority of the members present votes to approve the electronic attendance at the meeting. 2. The member should notify the recording secretary or Village Clerk at least one day before the meeting, unless impractical, in which case as soon as practical,so that necessary communications equipment can be arranged. Inability to make the necessary technical arrangements will result in denial of a request for electronic attendance. 3. The member must assert one of the following three reasons why he or she is unable to physically attend the meeting: a. The member cannot attend because of personal illness or disability; or b. The member cannot attend because of his or her employment purposes or because of the business of the Village of Buffalo Grove;or c. The member cannot attend because of a family or other emergency. 4. The recording secretary or Village Clerk, after receiving the electronic attendance request, shall inform the other Corporate Authorities of the request for electronic attendance. C. Voting Procedures. After a roll call establishing that a quorum is physically present, the presiding officer shall call for a motion that a member may be permitted to attend the meeting electronically after specifying the reason entitling the absent member to attend electronically.The motion must be approved by a vote of a majority of the members present. D. Adequate Equipment Required. The member participating electronically and the other members of the Corporate Authorities must be able to communicate effectively, and members of the audience must be able to hear all communications at the meeting site. Before allowing electronic attendance at any meeting, the Corporate Authorities shall provide equipment adequate to accomplish this objective at the meeting site. E. Minutes. Any member attending electronically shall be considered an off-site attendee and counted M as present electronically for that meeting.The meeting minutes shall also reflect and state specifically whether each member is physically present or present by electronic means. F. Rights of Remote Member.A member permitted to attend electronically will be able to express his or her comments during the meeting and participate in the same capacity as those members physically present,subject to all general meeting guidelines and procedures previously adopted and adhered to, including both open and closed meetings, except that a member may attend a closed meeting via an internet connection or landline telephone connection, but not by cellular phone. The member attending electronically shall be heard, considered, and counted as to any vote taken. Accordingly, the name of any member attending electronically shall be called during any vote taken, and the member's vote counted and recorded by the Village Clerk and placed in the minutes for the corresponding meeting. A member attending electronically may leave a meeting and return as in the case of any member, provided the member attending electronically shall announce upon leaving and returning.A member attending electronically at a meeting shall be paid per the Village Code as if the member had physically attended said meeting. G. These requirements are in addition to those contained in Public Act 101-0640. Chapter 2.03 - PROCEDURES FOR APPOINTED COMMISSIONS AND COMMITTEES 2.03.010-Application. Except as otherwise set forth in this Code,this Chapter shall govern the procedures of all appointed Village commissions,committees and boards. 2.03.020- Robert's Rules of Order. A. Except as set forth in subsection B of this section, Robert's Rules of Order shall govern the deliberations of all commissions, committees and boards of the Village. B. Where the concurrence of a majority is required for passage,a vote of"pass," "present" or"abstain" constitutes an acquiescence or concurrence with the members of the majority who did vote on the question involved. 2.03.030-Appointment of inembers. A. Members of Village commissions, committees and boards shall be appointed by the Village President by and with the advice and consent of the Board of Trustees. B. Appointments shall be for a one-, two-, or three-year term to run from May ist to the appropriate April 30th. An appointment hereunder shall not exceed the full term to which the Village President was elected. 2.03.040- Chairperson and Vice Chairperson. A. The Village President, by and with the advice and consent of the Board of Trustees,shall appoint one of the members of each commission,committee or board of the Village as Chairperson and one of the members as Vice Chairperson. B. The Chairperson,Vice Chairperson or temporary Chairperson of each Village commission, committee or board shall have the power to administer oaths. C. The Chairperson shall make arrangements for selection of a secretary for the keeping of minutes. 2.03.050- Compensation. All appointed members of committees, commissions and boards of the Village shall serve without compensation. 2.03.060- Residency. Except as otherwise provided in this Code, members of Village commissions,committees and boards shall be residents of the Village, but are not required to be residents of the Village for any specific length of time prior to their appointment. 2.03.070- Meetings. Commissions, committees and boards of the Village shall meet: A. As set forth in the applicable Chapter of this Code B. At the call of the Chairperson; or C. At such other times as a majority of the commission, committee or board shall determine. 2.03.080 - Quorum and voting. A. A majority of the voting members holding office, inclusive of the Chairperson and Vice Chairperson, of any Village commission,committee or board shall constitute a quorum. B. Each member, including Chairperson and Vice Chairperson of each commission, committee or board of the Village is entitled to one vote.A majority of those members voting will prevail. 2.03.090- Minutes. Minutes shall be kept of all commission, committee and board proceedings and a copy thereof shall be kept on file with the Village Clerk. 2.03.100- Police Pension Board and Firefighters Pension Board. Notwithstanding any other section in this Chapter, the Village's Police Pension Board and Firefighters Pension Board shall be constituted and governed by state statute. Where the state statute does not preempt the Village this Chapter shall be applicable. Chapter 2.04 - COMPENSATION FOR ELECTED OFFICERS 2.04.010- President—Trustees. The following officers shall receive the salary set forth in this section: A. The President shall receive such compensation as the Board of Trustees shall fix from time to time by ordinance or resolution. B. Trustees shall receive such compensation as the Board of Trustees shall fix from time to time by ordinance or resolution. C. Salaries shall be payable in twelve equal monthly payments. 2.04.020-Village Clerk. The Village Clerk shall receive such compensation as the Board of Trustees shall fix from time to time by ordinance or resolution. Chapter 2.05 - VILLAGE PRESIDENT EMERGENCY POWERS 2.05.010- Definitions. The following words and phrases shall be construed as defined in this section: A. "State of emergency" means: 1. Any natural disaster or Human-made calamity, including flood, conflagration, cyclone, tornado, earthquake or explosion,within the corporate limits of the Village resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health,safety and welfare;or 2. A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute by three or more persons acting together without authority of law, and such riot or unlawful assembly may result in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare. B. "Curfew" means a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the Village,except officials of any governmental unit and persons officially designated to duty with reference to a state of emergency duly declared by executive order hereunder. 2.05.020- State of emergency—Executive order—Contents. A. Whenever a state of emergency as defined in Section 2.05.010 exists,the Village Manager or his/her designee shall report the circumstances thereof to the Village President. The report shall include the nature of the emergency,the geographic area or areas involved, and the specific remedies requested under the provisions of Section 2.05.030. B. The Village President may declare a state of emergency by means of a written executive order containing a statement signed by the Village President, under oath,finding that one of the conditions have been met for the determination of a state of emergency,setting forth facts to substantiate such findings,describing the nature of the emergency,and declaring that a state of emergency exists.Such statement shall be filed with the Village Clerk as soon as practicable. The Village President may exercise the extraordinary power and authority herein granted when such a state of emergency exists but not until after the signing, under oath,of the foregoing executive order. 2.05.030- State of emergency—Powers authorized. After declaring a state of emergency,the Village President may: A. Order a general curfew applicable to such geographical areas ofthe Village orto the Village as a whole, as the Village President deems reasonably necessary to respond to the emergency, and applicable during such hours of the day or night as the Village President deems necessary in the interests of the public safety and welfare; B. Prohibit the sale of any firearm of any size or description and the sale of any ammunition, explosive or other destructive device; C. Prohibit the intentional possession in public view of any firearm by any person except a duly authorized law enforcement officer or military person active in the official performance of their duty; D. Order the establishment of curfews, including vehicle movement except fire, police, hospital services, utility vehicles and physicians on emergency cases; E. Prohibit the sale or distribution of alcoholic beverages,with or without payment,or the possession of any portable container containing any alcoholic beverage by any person in a public place; F. Order the closing of places of public assemblage; G. Prohibit the sale or transfer or possession of gasoline or other combustion liquid except for delivery directly into the tank of a motor vehicle, boat or other combustion-propelled vehicle; H. Prohibit the possession in a public place of any portable container containing liquid; I. Issue such other orders as are imminently necessary for the protection of life and property. 2.05.040-State of emergency—Declaration—Effective date. A. A declaration of a state of emergency shall expire not later than the adjournment of the first regular meeting of the Corporate Authorities after the state of emergency is declared, unless sooner terminated by proclamation of the Village President indicating that the state of emergency no longer exists,however,the Corporate Authorities may extend or terminate a state of emergency at a regular or special meeting. B. The Village President shall have the power to declare, by executive order,the existence of a state of emergency at the end of the period covered by a previous executive order, if a state of emergency continues to exist, upon a new compliance with all of the requirements herein. 2.05.050- Notification of inedia. Upon issuance of executive order as herein authorized, the Chief of Police shall notify the news media, situated within the Village, and shall cause two copies of the executive order declaring the existence of the emergency to be posted at the municipal building and the Police Department. 2.05.060-Violation—Penalty. Any person violating any portion of this Chapter shall be punished according to the provision of Chapter 1.08. Chapter 2.06— OFFICERS BONDS 2.06.010-Amounts designated. Before entering upon the duties as president,the Village President shall execute a bond in the amount of three thousand dollars, conditioned upon the faithful performance of the duties of the office. Before entering upon the duties as clerk,the Village Clerk shall execute a bond in the amount of three thousand dollars, conditioned upon the faithful perFormance of the duties of the office. Before entering upon the duties as treasurer, the Village Treasurer shall execute a bond in the amount of three times the latest Federal Census population, conditioned upon the faithful performance of the duties. Chapter 2.08 - VILLAGE MANAGER 2.08.010- Office created. The office of Village Manager is created. 2.08.020-Appointment—Term. The Village Manager shall be appointed by the President by and with the advice and consent of the Board of Trustees for an indefinite term. The Village Manager shall be chosen on the basis of executive and administrative qualifications with special reference to actual experience in or knowledge of accepted practice in respect to the duties of the office set forth in this Chapter. 2.08.030- Removal from office. The Village Manager may be removed from office at any time by a five-sevenths vote of the Corporate Authorities then holding office. 2.08.040- Duties. The Village Manager shall be the chief administrative officer of the Village and shall be responsible to the Corporate Authorities for the proper administration of the affairs of the Village.The power and duties of the Village Manager shall be to: A. Enforce all laws and ordinances of the Village; B. Attend all meetings of the Corporate Authorities.The Village Manager shall have the right to take part in the discussion of all matters coming before the Corporate Authorities, but shall have no right to vote. The Village Manager shall be entitled to notice of all special and regular meetings of the Corporate Authorities; C. Recommend to the Corporate Authorities adoption of such measures as may be necessary or expedient; D. Appoint, suspend, discipline, or remove all employees of the Village, except those employees under the authority of the Police and Fire Commission. Such appointments, suspensions or removals shall be based upon the merit and fitness of such employee,without regard to political belief or affiliation. The Village Manager may authorize the head of a department or office to appoint,suspend,discipline, or remove subordinates in such department or office; E. Exercise control of all departments and divisions thereof now in existence,or that may hereafter be; F. Make recommendations to the Corporate Authorities concerning compensation for each appointive office and position in the Village service, including minimum, intermediate and maximum rates; G. Recommend to the Corporate Authorities the creating, consolidating, combining and eliminating of office, positions and departments ofthe Village; H. Investigate all complaints in relation to matters concerning the administration of the government of the Village and services maintained by the public utilities in the Village and see that all franchises, permits and privileges granted by the Village are faithfully observed; I. The Village Manager is authorized to purchase all materials, supplies, equipment, personal services and execute contracts necessary for running the Village for which funds are provided in the budget. The Village Manager may issue rules and regulations governing requisitions and the transaction of the business by the Chief Procurement Officer and the heads of departments, officers and employees of the Village. For any purchase which will exceed fifty thousand dollars, which is not to be paid for in whole or in part by a special assessment or special tax, the Village Manager shall be required to obtain bids and such bids shall be presented to the Corporate Authorities for approval or rejection. Bids may be obtained by the Village Manager or designee pursuant to the Illinois Governmental Joint Purchasing Act (30 ILCS 525/0.01). The Village Manager shall make recommendations to the Corporate Authorities with respect to all bids. If authorized by a vote of two-thirds of all the Trustees then holding office,the bid requirements may be waived. 1. Commodities. The Village Manager or designee may purchase fuel, natural gas, and electrical services on a recurring basis without the formal solicitation of bids 2. Professional Services. The Village Manager may execute agreements for binding insurance coverage and professional services without the formal solicitation of bids. The nature of such Professional Services may include, but is not limited to, accounting, auditing, financial, recruitment, employment, marketing, procurement, public relations, information technology, legal, land survey,architectural and engineering services 3. Emergency Procurements. The Village Manager or designee may, without prior consent of the Corporate Authorities, award contracts and make purchases for the purpose of ineeting the emergency; but shall promptly file with the Corporate Authorities a report of such emergency and the necessity of such action,together with an itemized account of all such expenditures. J. Approve a change order to a public contract for an increase or decrease in an approved public contract amount not to exceed ten percent or ten thousand dollars,whichever is less or the time of completion by not more than ninety days by determining in writing that: 1. The circumstances said to necessitate the change in performance were not reasonably foreseeable at the time the contract was signed, or 2. The change is germane to the original contract as signed,or 3. The change order is in the best interest of the Village. K. Prepare a budget report indicating the funds necessaryto defray the estimated expenses of the Village for the fiscal year; prepare the annual budget in time for consideration and enactment by the Corporate Authorities as required by statute; and prepare the annual tax levy; L. Submit to the Corporate Authorities, in accordance with state statute,following the end of the fiscal year, a complete report on the finances and administrative activities of the Village for the fiscal year; M. Publish on a regular basis information showing the exact financial condition of the Village as of the end of the preceding month and showing amounts expended and unexpended balances for each department in accordance with the annual budget; N. Keep a current inventory of all real and personal property of the Village,with an initial value in excess of$10,000, and the location of such property. The Village Manager shall be responsible for the care and custody of all Village properties which are not by statute or ordinance assigned to some other officer or body for care and control; O. Appoint to all boards, commissions and committees a staff individual to act as a liaison and resource person, if necessary; P. Perform such other lawful duties as may be directed by motion, resolution or ordinance of the Corporate Authorities. Q. When more than twenty-one days elapses between regularly scheduled Board meetings and in concurrence with the recommendation of the Village Treasurer, approve interim warrants of expenditures as appropriate and in accordance with the Prompt Payment Act. Each interim warrant approved by the Village Manager shall be presented to the Corporate Authorities for ratifications at the next regularly scheduled Village Board meeting. R. The Village Manager shall establish and administer policies and procedures pursuant to Chapter 2.52 for purposes of determining whether an employee subject to the Public Safety Employee Benefits Act (820 ILCS 320/1 et.seq.) is eligible to receive benefits pursuant to the Act. 5. Settlement of Litigation. In the event there is litigation or potential litigation involving the Village of Buffalo Grove, including, but not limited to separation payments, and workers compensation claims, the Village Manager is expressly authorized to act as the settlement authority on behalf of the Village under the following limitations: 1. Settlements of twenty-five thousand dollars or less-Authorized by the Village Manager. 2. Settlements between twenty-five thousand and one dollars and fifty thousand dollars - Village Manager shall advise the Corporate Authorities of the proposed settlement and afford the Corporate Authorities the opportunity to discuss the matter at the first regularly scheduled Village Board Meeting following such notice. Should the Corporate Authorities not elect to discuss the matter and provide other direction,then the Manager shall be authorized to settle. 3. Settlements over fifty thousand and one dollars - Require Corporate Authority discussion and formal action. As it relates to workers compensation claims,the above guidelines are solely for settlement purposes of the claim. Medical related expenses and workers compensation wages are required under law and not subject to the provisions of this Section. 2.08.043 -Appointed Officers A. There is created the office of Budget Officer. The Budget Officer shall be appointed by the Village Manager, who may appoint himself or herself, or any other officer or employee of the Village, to fill that office. 1. Bond. Before entering upon the duties of the office of Budget Officer, the Budget Officer shall take an oath of office and shall execute and file with the Village Treasurer a bond with security in the penal sum of ten thousand dollars. The bond shall be payable to the Village, and shall be conditioned upon the faithful performance of the duties of the office of Budget Officer,according to law and the ordinances of the Village.The premiums for such bond shall be paid by the Village. 2. Compensation.The Budget Officer shall serve without compensation. 3. Powers and Duties.The Budget Officer shall have the powers and duties provided for in Sections 8-2-9.2 and 8-2-9.3 of the Illinois Municipal Code and shall be responsible for compiling an annual budget in accordance with Section 8-2-9.3 of the Illinois Municipal Code. B. Appointment of the Building Commissioner. The Village Manager shall appoint a Building Commissioner who may appoint a designee. The Building Commissioner or designee shall serve the duties identified in the Village of Buffalo Grove Municipal Code including those responsibilities as the Building Official, Code Official and Zoning Administrator. C. Appointment of the Chief Procurement Officer. The Village Manager shall appoint a Chief Procurement Officer who may appoint a designee. Chief Procurement Officer or designee shall serve the duties identified in the Village of Buffalo Grove Municipal Code and Village of Buffalo Grove Purchasing Policy. 2.08.045 -Authority to execute certain permit applications. The Village Manager is authorized and directed to execute permit applications on behalf of the Village President and Board of Trustees for construction within Cook County, Lake County, and State of Illinois rights-of-way. 2.08.050- Compensation. The Village Manager shall receive such compensation as the Board of Trustees shall fix from time to time by ordinance or resolution. 2.08.060- Bond. The Village Manager shall furnish a bond in such amount and with such surety as may be approved by the Corporate Authorities, such bond shall be conditioned on the faithful performance of duties and shall be conditioned to indemnify the Village for any loss by reason of any neglect of duty or any act of the manager.The cost of the bond shall be paid by the Village. 2.08.070- Vacancy—Temporary appointment. During the temporary absence or disability of the Village Manager, the Manager shall appoint an acting Village Manager, with all the powers and duties of the office. If the Village Manager is unable to appoint an acting Village Manager,the Corporate Authorities shall appoint an acting Village Manager. Any acting Village Manager may be removed from office by a majority vote of the Corporate Authorities then holding office. If such an appointment is of a person not already under bond to the Village and such person shall be acting as Village Manager for more than thirty consecutive days, such appointee shall furnish a bond in such amount and with such surety as may be approved by the Corporate Authorities. The cost of the bond shall be paid by the Village. 2.08.080- Vacancy—Manager pro tem. In case of a vacancy in the office of Village Manager, the President, with the advice and consent of the Board of Trustees, may appoint a Manager pro tem who shall possess the powers and duties of the Manager until such time as a new Village Manager is appointed. Chapter 2.09 - DEPUTY CLERK 2.09.010- Office created. There is created the office of Deputy Clerk. 2.09.020-Appointment. The President, by and with the consent of the Board of Trustees, may appoint a Deputy Clerk or clerks. 2.09.030- Powers—Duties. A Deputy Clerk shall exercise all of the powers and duties of the Village Clerk, which powers and duties shall be exercised on►y in the absence of the Village Clerk from his/her office in the municipal building; provided, that the Village Clerk may delegate such further powers to a Deputy Clerk as the Village Clerk may deem necessary from time to time. When executing any documents, a Deputy Clerk shall sign the name of the Village Cierk followed by the word "by" and the Deputy Clerk's own name and the words "Deputy Clerk." A Deputy Clerk shall at all times be subordinate to and subject to the authority of the Village Clerk. Chapter 2.12 - FIRE DEPARTMENT 2.12.010- Creation and composition. There is established a Fire Department, which shall be under the jurisdiction and control of the Village Manager, which shall consist of a Fire Chief and such other members of the Fire Department as may be from time to time provided for by the Corporate Authorities. 2.12.020-Appointment. A. The head ofthe Fire Department shall be the Fire Chief.The Fire Chief shall be appointed by the Village Manager for an indefinite period of time.The Fire Chief need not be appointed from the members of the Fire Department, but if appointed from the members of the Fire Department, the appointment need not be from the rank next below the Chief, but may be appointed from among the members of the Fire Department regardless of rank. The Village Manager is authorized to suspend or discharge the Fire Chief in accordance with adopted Village personnel policies and procedures.The Fire Chief is an exempt position in regards to Chapter 2.22 of this Code. B. The Fire Chief is authorized to appoint Deputy Chief(s)and Battalion Chief(s) upon the approval ofthe Village Manager.The Fire Chief is authorized to suspend or discharge any or all persons holding such positions in accordance with adopted Village personnel policies and procedures. Deputy Chief(s) and Battalion Chief(s)are exempt positions in regards to Chapter 2.22 of this Code. C. In the event any of the persons holding the position of Fire Chief, Deputy Chief or Battalion Chief is discharged from such position,such person or persons shall revert to their permanent rank, if any, in the Fire Department as established by the Board of Fire and Police Commissioners. D. The rank of Lieutenant and Firefighter/Paramedic shall be appointed by the Board of Fire and Police Commissioners of the Village as provided in Chapter 2.22 of this Code and the rules and regulations of the Board of Fire and Police Commissioners. All full-time members of the Department, except Lieutenants, appointed by the Board of Fire and Police Commissioners shall be certified pursuant to the requirements of the state as a licensed EMT-P (paramedic) in the Village's designated mobile intensive care system on the date of employment by the Village. Employees shall attain certification as EMT-Ps (paramedics) in the Village's designated mobile intensive care system within six months following the date of appointment. Failure to attain such certification shall result in dismissal as provided by Section 2.22.040 of this Code. Employees who are promoted to Lieutenant shall maintain paramedic certification during any probationary period. After that period, Lieutenants who wish to decertify as EMT-Ps (paramedic) or EMT-Bs (basic) may do so and will be certified at the level of Lieutenant CPR/First Aid (cardiopulmonary resuscitation/first aid) and will be subject to the pay plan associated with that pay classification. 2.12.040- Oath of inembers. The Fire Chief and all other members of the Fire Department, before entering upon the duties of their office,shall take the oath of office prescribed by the Village. 2.12.050- Supervision of department. The Fire Chief shall have the control,subject to the order and direction of the Village Manager,of the Fire Department and all fire and emergency medical service apparatus belonging to the Village.The Fire Chief shall report and be directly responsible to the Village Manager.All members of the Fire Department shall perform such duties as may be required of them by the Fire Chief and the ordinances of the Village. 2.12.060- Rules and regulations. All officers and employees of the Fire Department are subject to the rules and regulations of the Fire Department as promulgated by the Fire Chief and the adopted Village personnel policies and procedures. All employees appointed to rank by the Board of Fire and Police Commissioners are also subject to the rules and regulations of the Board of Fire and Police Commissioners. Each member of the Fire Department shall be furnished copies of the rules and regulations.Any employee of the Fire Department appointed to rank by the Board of Fire and Police Commissioners shall be subject to discharge or disciplinary action of the Board of Fire and Police Commissioners, or subject to suspension for a period not to exceed five days by the Fire Chief. 2.12.070 - Removal of property. The Fire Chief shall have the power to cause the removal of any property,whenever it becomes necessary for the preservation of such property from fire or to prevent the spreading of fire or to protect adjoining property. 2.12.080- Destruction of buildings. The Fire Chief, or other officer in command, may direct the firefighter to cut down and remove any building, erection, or fence for the purpose of checking the progress of any fire; and the Fire Chief, or other officer in command, shall have power to blow up or cause to be blown up, with any explosive or other means, any building or structure during the progress of a fire for the purpose of extinguishing or checking same. 2.12.090- Power of arrest. The Fire Chief, or any officer designated by the Fire Chief of the Fire Department, shall have the power, during a fire or other emergency incident,to arrest any person suspected of incendiarism,or any person hindering, resisting, or delaying the firefighter or conducting themself in a noisy or disorderly manner, or refusing to obey such officer while acting in the discharge of duty. Such officers are severally vested with the usual powers and authority of police officers to command all persons to assist them in making any necessary arrests. 2.12.100-Absence or inability of Fire Chief. During the absence or inability of the Fire Chief to act, the next senior officer or member of the department, or such member of the department as may be designated in writing by the Village Manager, shall perform the duties of the Fire Chief. 2.12.200- Firefighters Pension Fund. There is created a Firefighters Pension Fund and a Firefighters Pension Board as required by law. Chapter 2.14 - POLICE DEPARTMENT 2.14.010- Creation and composition. There is established a Department of Police,which shall be under the jurisdiction and control of the Village Manager,which shall consist of a Police Chief and such other members of the Police Department as may from time to time be provided for by the Corporate Authorities. 2.14.020- Appointment. A. The head of the Police Department shall be the Chief of Police who shall be appointed by the Village Manager for an indefinite period of time.The Police Chief need not be appointed from the members of the Police Department, but if appointed from the members of the Police Department, the appointment need not be from the rank next below the Chief, but may be appointed from among the members of the Police Department regardless of rank.The Village Manager is authorized to suspend or discharge the Chief of Police in accordance with adopted Village personnel policies and procedures. The Police Chief is an exempt position in regards to Chapter 2.22 of this Code. B. The Chief of Police is authorized to appoint Deputy Chief(s) and Commander(s) upon the approval of the Village Manager. The Chief of Police is also authorized to appoint three commanders upon the approval of the Village Manager. The Chief of Police is authorized to suspend or discharge any or all of the officers holding such positions in accordance with adopted Village personnel policies and procedures.The Deputy Police Chief(s)and Commander(s)are exempt positions in regards to Chapter 2.22 of this Code. C. In the event any of the persons holding the position of Chief of Police, Deputy Chief or Commander are discharged from such positions,the person or persons shall revert to their permanent rank, if any, in the Police Department as established by the Board of Fire and Police Commissioners. D. The rank of sergeant and police officer shall be appointed by the Board of Fire and Police Commissioners as provided in Chapter 2.22 of this Code, and the rules and regulations of the Board of Fire and Police Commissioners. 2.14.030- Oath of inembers. The Police Chief and all sworn members of the Police Department, before entering upon the duties of their office,shall take the oath of office prescribed by the Village. 2.14.040- Supervision of department. The Police Chief shall have the control of the Police Department and all police equipment belonging to the Village subject to the order and direction of the Village Manager.The Police Chief shall report and be directly responsible to the Village Manager. All members of the Police Department shall perform such duties as may be required of them by the Police Chief and the ordinances of the Village. 2.14.050-Absence or inability of Police Chief. During the absence or inability of the Police Chief to act,the next senior officer of the department or such member of the department as may be designated in writing by the Village Manager shall perform the duties of the Police Chief. 2.14.060- Police officer powers generally. Sworn members of the Police Department shall enforce all applicable laws ofthe United States of America, the State of Illinois and the ordinances of the Village.They shall also perform all such duties as are now or will hereafter be required of them by the ordinance codified in this Chapter or any other ordinance of the Viliage or any rules or regulations adopted by the Village pertaining in any manner to the Police Department. Every sworn member of the Department is a conservator of the peace. 2.14.070- Rules and regulations. All officers and employees of the Police Department are subject to the rules and regulations of the Police Department as promulgated by the Police Chief and the adopted Village personnel policies and procedures.All officers appointed to rank by the Board of Fire and Police Commissioners are also subject to the rules and regulations of the Board of Fire and Police Commissioners. Each member of the department shall be furnished with copies of said rules and regulations. Any member of the Police Department appointed to rank by the Board of Fire and Police Commissioners shall be subject to discharge or disciplinary action of the Board of Fire and Police Commissioners,or subject to suspension for a period not to exceed five days by the Police Chief. 2.14.080- Police officers—Active duty—Responsibility when off-duty. Members of the Police Department shall have regular hours assigned to them for active duty and when not so assigned, they shall be considered off-duty. They shall, however, be held to be subject to duty at all times and although practically relieved from the routine performance of duty, are at all times subject to orders from the proper authorities and to calls from superiors. The fact that they may be technically off-duty shall not relieve them from the responsibility of taking proper police action in any matter coming to their attention at any time. In order to fully execute this responsibility, all Police Officers shall, when practical, carry sidearms and their official police star at all times when in the limits of the Village. 2.14.200- Police Pension Fund. There is created a Police Pension Fund and Police Pension Board as required by law. Chapter 2.18— HEALTH DEPARTMENT 2.18.010- Created. There is created a Health Department which shall consist of a Health Officer, an Environmental Health Practitioner and such other employees as may be assigned to such department from time to time by the Village Manager. 2.18.020- Health Officer. The Health Officer shall be a Registered Environmental Health Practitioner as recognized by the State of Illinois or other person duly qualified in an allied specialty, and shall have the powers of a police officer and a conservator of the peace for the purpose of performing the duties of the Health Officer. 2.18.030- Health Officer—Duties. The Health Officer shall be responsible for establishing policies within the Department and for the execution and enforcement of all laws, rules and regulations as set forth within this Chapter. The Health Officer shall give the Village Manager and Corporate Authorities information and advice concerning public health and shall perForm such other duties as may be assigned by the Village Manager. 2.18.040- Environmental Health Practitioner. The Environmental Health Practitioner shall be a legally qualified Environmental Health Practitioner under Illinois State statutes.The Environmental Health Practitioner shall have the powers of a police officer and a conservator of the peace. 2.18.050- Environmental Health Practitioner—Duties. The Village Environmental Health Practitioner shall report to and be responsible to the Health Officer. It shall be the duty of the Environmental Health Practitioner to enforce all rules and regulations of the Village and of the Department of Health of the State. 2.18.055 - Exclusive jurisdiction. The Village confers the exclusive jurisdiction to act in all matters related to and concerning retail food store and food service sanitation upon the Village's Health Department. 2.18.060-Analysis of food and drink. It shall be the duty of the Health Department when deemed necessary to arrange for the analysis of any food or drink alleged to be tainted or unwholesome,and to have the drinking water of the Village analyzed whenever requested to do so by the Village Manager. 2.18.070- Enforcement of provisions relating to sale, delivery or storage of food and drink. The Environmental Health Practitioner and Health Officer shall enforce all ordinances relating to the sale, delivery or storage of food or drink intended for human consumption,and shall make or cause to be made such tests,analyses and inspections as may be necessary for this purpose. 2.18.080- Delegation of duties to contracted parties. The Corporate Authorities may,from time to time, by resolution, contract with any one or more persons, firms,corporations or municipalities for the inspection of food establishments, analysis and inspection of food and drink, or for the performance of any other duties which are imposed on the Environmental Health Practitioner or the Health Department by any provision of the Village ordinances for such compensation and subject to such terms and conditions as the Corporate Authorities may deem desirable. Chapter 2.22 - BOARD OF POLICE AND FIRE COMMISSIONERS 2.22.010-Adoption of state code. Division 2.1 of Act 5 of Article 10, Chapter 65 of the Illinois Compiled Statutes, entitled Board of Fire and Police Commissioners, is adopted by reference, provided that Sections 10-2.1-1, 10-2.1-2, 10-2.1-3, 10- 2.1-4, 10-2.1-5, 10-2.1-6(a), 10-2.1-14, 10-2.1-15, 10-2.1-16, 10-2.1-17, 10-2.1-20, 10-2.1-27, and Division 3 of Article 10, and Division 5 of Article 10, both of the Illinois Compiled Statutes are not adopted. 2.22.020- Members. The Board of Fire and Police Commissioners shall consist of five members. 2.22.025 - Qualifications—Removal. A. The members of the Board of Fire and Police Commissioners("Board")shall be considered officers of the Village. B. No person holding an office in the Village shall be a member of the Board.The acceptance of any such office by a member of the Board shall be treated as a resignation of his/her office as a member of the Board.No person shall be appointed a member of the Board who has been convicted of a felony under Illinois law or a comparable law of any other state of the United States. No person shall be appointed a member of the Board who is related,either by blood or marriage up to the degree of first cousin,to any elected official of the Village. C. Members of the Board shall not be subject to removal, except for cause, upon written charges, and after an opportunity to be heard within thirty days in their own defense, before a regular meeting of the Corporate Authorities. A majority vote of the Corporate Authorities shall be required to remove any such member from office. 2.22.030- Officers—Duties. A. A secretary will be chosen by the members of the Board of Fire and Police Commissioners. The secretary shall keep the minutes of proceedings,shall be the custodian of all records pertaining to the business and examinations of the Board of Fire and Police Commissioners. B. The Fire and Police Chiefs shall have the right to take part in the examination of applicants and promotional examinations for their respective departments, but shall have no right to vote,except as invited by the Board. 2.22.040-Appointment of inembers—Fire and Police Departments. A. The Board of Fire and Police Commissioners shall appoint all officers and members of the Fire and Police Departments of the municipality, except those positions exempted by Village ordinance. The sole authority to issue certificates of appointment shall be vested in the Board of Fire and Police Commissioners, and all certificates of appointment issued to any officer or member of the Fire or Police Department shall be signed by the chairperson and secretary, respectively,of the Board of Fire and Police Commissioners upon appointment of such officer or member of the Fire or Police Department by action of the Board of Fire and Police Commissioners. B. All original appointments to the Fire Department shall be for a probationary period of twelve months. All original appointments to the Police Department shall be for a probationary period of eighteen months. During the probationary period, an original appointee may be dismissed without a hearing before the Board of Fire and Police Commissioners ifthe chief ofthe department determines that the employee has failed to demonstrate the ability and the qualifications necessary to furnish satisfactory service. The chief shall notify the Board of Fire and Police Commissioners in writing of such recommended dismissal, for action by the Board. If an employee is not dismissed during the employee's probationary period,the employee's appointment shall be deemed complete at the end of the period. C. All promotional appointments to the Police Department shall be for a probationary period of twelve months. During the probationary period, promotional appointees shall be considered as on furlough from the rank held immediately prior to promotion, and may be reinstated to such rank without a hearing before the Board of Fire and Police Commissioners if the chief determines that the employee has failed to demonstrate the ability and the qualifications necessary to furnish satisfactory service at the higher rank. The chief shall notify the Board of Fire and Police Commissioners in writing of such action. If a promotional appointee is not reinstated in the prior rank during the probationary period, the appointment shall be deemed complete at the end of the period. D. All promotional appointments to the Fire Department shall be without a probationary period. E. If a member of the department is appointed Chief of Police or Chief of the Fire Department prior to being eligible to retire on pension,the member shall be considered as on furlough from the rank held immediately priorto the appointment as Chief. Ifthe member resigns as Chief or is discharged as Chief prior to attaining eligibility to retire on pension,the member shall revert to and be established in such prior rank and therefore be entitled to all benefits and emoluments of such rank without regard to whether a vacancy then exists in such rank. F. All appointments to each department other than that of lowest ranks shall be from the rank next below that to which the appointment is made,except that the Chief of Fire or Police Department may be appointed from among the members of the Fire and Police Departments respectively, regardless of rank, unless the Village Board of Trustees shall have by ordinance otherwise provided. G. Any full-time member of the Fire or Police Department who comes under the provisions of this chapter is a Village Officer but is exempt from any residency requirements except as shall be set by specific department rules and regulations. 2.22.041 - Exemption from examination and age limits. All full-time members (to include officers) of a Fire Department or other entity that contracted with the Village to provide fire protection to the Village prior to June 30, 1981, shall become a member of the Village Municipal Fire Department with the rank that they held in such department or entity providing that such rank is available in the Fire Department of the Village,without any type of examination and age limitation. 2.22.042 - Examination of applicants. All applicants for a position in either the fire or police department shall be under thirty-five years of age, shall be subject to an examination that shall be public, competitive, and open to all applicants and shall be subject to reasonable limitations to health, habits, and moral character. The foregoing age limitation shall not apply to those individuals set forth in 65 I Ilinois Compiled Statutes 5/10-2.1-6(d).Applicants must be twenty-one years of age at time of application. 2.22.044- Register of eligibles. A. The Board of Fire and Police Commissioners shall prepare and keep a register of persons whose general average standing, upon examination, is not less than the minimum fixed by the rules of the Board,and who are otherwise eligible.The candidates shall take rank upon the register as candidates in order of their relative excellence as determined by examination, without reference to priority of time of examination.Within sixty days after each examination,an eligibility list shall be posted by the Board, which shall show the final grades of the candidates without reference to priority of time of examination and subject to claim for military credit. Candidates who are eligible for military credit shall make a claim in writing within ten days after the posting of the eligibility register or such claim shall be deeded waived.Appointment shall be subject to final professional examinations. B. If a person is placed on an eligibility list and becomes overage before he/she is appointed to the Police or Fire Department, the person remains eligible for appointment until the list is abolished pursuant to authorized procedures. C. Names of candidates for original appointment will be removed from the entry eligibility list after having been on the list for more than two years. 2.22.045 - Police officer lateral entry program. In lieu of the procedure set forth in Sections 2.22.044 and 2.22.060 the Board of Fire and Police Commissioners may provide for a police officer lateral entry program, which program shall comply with the other requirements of this chapter and the rules and regulations of the Board. 2.22.050- Rules and publications. A. The Board shall make rules to carry out the purpose of this chapter and for appointments and removals in accordance with the provisions of this chapter. The Board from time to time may make changes in these rules. B. All rules and changes therein shall be printed immediately for distribution.The Board shall give notice of the places where the printed rules may be obtained and of the date not less than ten days subsequent to the time of publication when the rules and changes therein shall go into effect. This notice shall be published on the Village's website. C. These rules of the Board shall apply to the conduct of examinations for original appointments, for promotions as defined, and to the conduct of hearings on charges brought against a member of the Fire or Police Department. No such rules shall be made by the Board to govern the operation of the Fire or Police Department,or the conduct of its members. 2.�2.060- Preference. A. Applicants for original appointment who have qualified by passing all preliminary examinations may submit proof of eligibility for preference points as designated by the Board for the testing cycle. The Board may choose to award preference points for educational achievement and specified certifications.Preference point values and qualification as determined by the Board will be announced for each testing cycle, and granted in accordance with adopted state code. Applicants for original appointment may also elect to use Veteran preference points; at a point value determined by the Board and announced for each testing cycle,and granted in accordance adopted state code. However, no person will be eligible for employment in the Police Department if such person was convicted by court-martial of disobedience of orders if such disobedience consisted of the refusal to perform military service on the grounds of religious or conscientious objection against war. B. Any person eligible for preference under these provisions shall receive,as a result of any examination held for original appointment, all preference points for which evidence of qualification has been furnished and approved.The numerical result thus attained shall be applied by the Board of Fire and Police Commissioners in determining the position of such persons on any eligibility list which has been recommended as the result of any examination for original appointment for purposes of preference in appointment to the Fire or Police Department. No person entitled to preference shall be required to claim such preference before any examination is held under the provisions of this chapter,but such preference shall be given after the posting of the preliminary eligibility list at the request of such person before any appointments are made from the final eligibility list. 2.22.070- Promotions. The Board, by its rules, shall provide for promotion in the Fire and Police Departments on the basis of ascertained merit and seniority in service and examination. All examinations for shall be competitive among such qualified members of the next lower rank as desire to submit themselves to examination having satisfied time of service qualifications as established.All promotions shall be made from the three having the highest rating,and where there are less than three names on the promotional eligible register, as originally posted, or remaining thereon after appointments have been made therefrom,appointments to fill existing vacancies shall be made from those names or name remaining on the promotional register. The Board shall strike off the names of candidates for promotional appointment after they have remained thereon for more than three years, provided there is no vacancy existing which can be filled from the promotional register. 2.22.080 - Removal, discharge and demotion—Retirement. A. Except as herein provided, no post-probationary officer or member of the Fire or Police Department, except those exempted by Village ordinance, shall be removed, discharged or demoted except for cause upon written charges and after an opportunity to be heard in their own defense.The Board of Fire and Police Commissioners, by its rules,shall determine whether probable cause exists within ten days of filing of written charges.The Board shall conduct a fair, impartial hearing of the charges to be commenced within thirty days of its determination that probable cause exists,which hearing may be continued from time to time. In the event that charges against any officer of the Fire or Police Department shall be sustained after a hearing by the Board,the Board may discharge or demote the officer and/or may suspend the officer not exceeding thirty days without pay.The Board may suspend any officer or member pending the hearing with or without pay but not to exceed thirty days. If the Board of Fire and Police Commissioners determine that the charges are not sustained, the officer or member shall be reimbursed for all wages withheld if any. In the conduct of this hearing, each participating member of the Board pursuant to the provisions of this chapter shall have the power to administer oaths and affirmations,and the board shall have power to secure by its subpoena both the attendance and testimony of witnesses and the production of books and papers relevant to the hearing. B. Nothing in this section shall be construed to prevent the Chief of the Fire or Police Department from suspending without pay any member of the department for a period of not more than five days, but the Chief shall notify the Board in writing of such suspension. Any fire or police officer so suspended may appeal to the Board of Fire and Police Commissioners to review the suspension within five days after the suspension and upon such appeal, the board may sustain the action of the Chief of the department, may reverse it with instructions that the person receive pay for the period involved, or it may suspend the officer for an additional period of not more than thirty days or discharge the person and/or demote the person,depending on the facts presented. C. The age for retirement of fire and police officers will be sixty-five years unless the Board of Trustees shall by ordinance provide for an early retirement at an age of not less than sixty years. Chapter 2.24 - HEALTH COMMISSION 2.24.010- Creation. There is created a Health Commission for the Village. 2.24.020- Membership. The Health Commission shall consist of a minimum offive but no more than seven individuals.A majority of the Health Commission members shall be Village residents. Preference for membership shall be given to individuals as follows: A. Buffalo Grove residents as set forth in Section 2.03.060, except as otherwise provided in this Code. B. An individual employed within the Village. C. Individuals that have an identified expertise or special consideration as recommended by the Health Commission notwithstanding they are not residents of the Village. All appointments shall be subject to approval of the Corporate Authorities. 2.24.030- Meetings. The Board shall meet not less than four times a year. 2.24.040- Duties. A. The Health Commission shall have general supervision of the interests of the health of the people of the Village. The Health Commission shall cooperate with and assist the Department of Health of the state and its duly constituted officers and representatives in enforcing the rules and regulations for control of communicable diseases promulgated by the Department, and such other rules and regulations of the state and counties and Village as may be related to the sanitation and health of the Village. The Health Commission of the Village shall have authority to make recommendations to the Corporate Authorities for the passage of ordinances. B. The Health Commission shall work with an approved Blood Donation facility to coordinate and promote community blood donation events. Chapter 2.26 - BOARD OF LOCAL IMPROVEMENTS 2.26.010- Establishment. There is established the Board of Local Improvements for the Village. 2.26.020- Members. The Board of Local Improvements shall consist of the President, the Village Engineer and all of the members of the Village Board of Trustees. 2.26.030- Duties. The Board of Local Improvements shall have the powers and perform the duties assigned to it by statute and ordinance. Chapter 2.28 - PLANNING & ZONING COMMISSION 2.28.010- Created. A Planning&Zoning Commission for the Village is hereby created. 2.28.020- Membership. The Planning&Zoning Commission shall consist of a minimum of five but no more than nine individuals. A majority of the Planning & Zoning Commission members shall be Village residents. Preference for membership shall be given to individuals as follows: A. Buffalo Grove residents as set forth in Section 2.03.060, except as otherwise provided in this Code. B. An individual employed within the Village. C. Individuals that have an identified expertise orspecial consideration as recommended bythe Planning &Zoning Commission notwithstanding they are not residents of the Village. All appointments shall be subject to approval of the Corporate Authorities. 2.28.030- Powers—Zoning determinations. The Planning & Zoning Commission shall be the commission before which hearings shall be held for the purpose of hearing proposed amendments affecting the regulations imposed and the districts created under the zoning ordinance of the Village.The Planning&Zoning Commission shall also be the commission before which hearings shall be held for the purpose of hearing proposed variance requests to the Village Fence Code,Village Sign Code,and Village Zoning Ordinance.The Planning&Zoning Commission shall also have those powers provided by law to a plan commission and a board of appeals. Chapter 2.35 - FARMERS MARKET COMMITTEE 2.35.010- Farmers Market Committee created. A committee to coordinate a farmers market is hereby created which shall hereinafter be known as the "Farmers Market Committee." 2.35.020- Purpose. The purpose of the Farmers Market Committee shall include the following: A. To coordinate a farmers market in Buffalo Grove for the approximate time period of June through September each year. B. To enrich the community and encourage citizens to increase consumption of healthy, locally grown fruits,vegetables and other locally produced foods. C. To promote farm grown items including but not limited to fruits,vegetables and flowers. 2.35.030- Membership. The Farmers Market Committee shall consist of a minimum of five individuals. A majority of the Farmers Market Committee members shall be Village residents. Preference for membership shall be given to individuals as follows: A. Buffalo Grove residents as set forth in Section 2.03.060, except as otherwise provided in this Code. B. An individual employed within the Village. C. Individuals that have an identified expertise or special consideration as recommended by the Farmers Market Committee Chair notwithstanding they are not residents of the Village. All appointments shall be subject to approval of the Corporate Authorities. 2.35.040- Duties. The Farmers Market Committee shall perform and exercise the following duties: A. Coordinate with the Buffalo Grove Park District and other governmental entities as appropriate to coordinate the Farmers Market in the Village. B. Promote the Farmers Market in Buffalo Grove and seek to have varied Farmers Market vendors providing a variety of locally grown or locally produced items including but not limited to fruits, vegetables and flowers. C. Coordinate events rich with a variety of vendors, and programs to encourage healthy living and a healthy lifestyle. D. Coordinate public and private partnerships to enhance the Farmers Market in the Village. 2.35.050- Meetings. The Farmers Market Committee shall hold regular meetings as needed at a date and time to be determined by the Committee. 2.35.060- Municipal personnel and agencies to assist. The facilities of the Village government shall be made available to the Farmers Market. Village officials, personnel and agencies shall cooperate with the Farmers Market Committee in accomplishing the objectives and purposes set forth herein to the fullest extent allowed by Village ordinance and state and federal law. Chapter 2.36 - COMMISSION FOR RESIDENTS WITH DISABILITIES 2.36.010- Creation. There is created the Rick Kahen Commission for Residents with Disabilities, herein referred to as the Commission for Residents with Disabilities. The commission is an advisory body to the Corporate Authorities of the Village. 2.36.020- Purpose. The purpose of the Commission for Residents with Disabilities shall be to assess the needs and concerns of citizens with disabilities and to cooperate with the Village government and all other governmental agencies in the promotion of the cause of persons with disabilities. 2.36.030- Membership. The Commission for Residents with Disabilities shall consist of a minimum of five members and any number of volunteers. A majority of the Commission for Residents with Disabilities members shall be Village residents. Preference for membership shall be given to individuals as follows: A. Buffalo Grove residents as set forth in Section 2.03.060, except as otherwise provided in this Code. B. Persons with disabilities;that is, persons who have a physical or mental impairment that substantially limits one or more major life activities, and family members, care providers or educational/rehabilitational professionals involved with such individuals. C. An individual employed within the Village. D. Individuals that have an identified expertise or special consideration as recommended by the Commission for Residents with Disabilities Chair notwithstanding they are not residents of the Village. All appointments shall be subject to approval of the Corporate Authorities. 2.36.040- Duties. The Commission for Residents with Disabilities shall perform and exercise the following duties: A. Make recommendations to the Corporate Authorities with respect to adoption and amendment of ordinances relating to persons with disabilities; B. Investigate the needs and areas of concerns of residents with disabilities which may include medical care, housing,transportation, recreation,support groups, local government,employment,education, respite services, physical accessibility and all other related areas of planning; C. Analyze and/or review complaints of Village residents with disabilities on a timely basis; D. Consult and cooperate with all agencies of the Village,other municipalities and federal,state and local agencies on matters of concern to residents with disabilities,when deemed appropriate; E. Promulgate and effect a program of publicity and public education relating to residents with disabilities; F. Assist in providing information concerning resource services available to residents with disabilities; G. Conduct public hearings, carry on research or otherwise obtain such factual data, and issue such reports and recommendations to the corporate authorities and to the public as in the judgment of the commission will effectuate the goals and purpose of the commission; H. Develop programs of benefit to persons with disabilities and exercise such other functions as may be delegated by the Corporate Authorities. 2.36.050-Additional regulations and recordkeeping. The commission may adopt procedural rules as it deems necessary to accomplish the purposes of this Chapter. 2.36.060- Meetings, quorum, voting. The Commission for Residents with Disabilities shall hold regular meetings not less than once a month at a date and time to be determined by the commission. Chapter 2.37 - COMMUNITY EVENTS COMMITTEE 2.37.010- Creation. � A committee to support community events is hereby created, which shall hereinafter be known as the "Community Events Committee." 2.37.020- Purpose. The purpose of the Community Events Committee shall be to work with Village staff to complete the tasks required to organize and arrange the activities and programs directly related to the implementation of community events and festivals 2.37.030- Membership. The Community Events Committee shall consist of a minimum of any number of volunteers.A majority of the Community Events Committee shall be Village residents. Preference shall be given to individuals as fo I lows: A. Buffalo Grove residents as set forth in Section 2.03.060, except as otherwise provided in this Code. B. An individual employed within the Village. C. Individuals that have an identified expertise or special consideration as recommended by the Community Events Committee Liaison notwithstanding they are not residents of the Village. All appointments shall be subject to approval of the Corporate Authorities. 2.37.040- Duties. The Community Events Committee will work with Village staff to perForm and exercise the following duties: A. Provide support for the entertainment,events,and activities for inclusion in any community event or festival as assigned by the Village Board; B. Assist vendors who prepare and sell food, for a profit, to event or festival goers as assigned by the Village Board; C. Expend funds in a manner that is in accordance with the Village of Buffalo Grove Purchasing Policy; D. When requested, assist Village staff with the necessary arrangements, support operations, and logistics for use at the community event or festival site location(s), in the preparation and implementation of any community event or festival as assigned by the Village Board. i 2.37.050- Meetings. The Community Events Committee shall hold meetings at a time and date to be determined by the committee in support of each community event or festival. Chapter 2.48 ETHICS 2.48.010 Definitions. Unless the contrary is stated,or clearly appears from the context,when used in this Chapter,the following words and phrases shall have the meanings indicated: A. "Business entity" means any organization or enterprise operated for profit, including, but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation or association. B. "Consultant" means any persons with professional or technical expertise retained by the Village to provide professional or technical advice to the Village. C. "Gift" means any property, real or personal,tangible or intangible, of a market value in excess of one hundred dollars obtained by an individual without the payment of the property's full market value. Gifts from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in- law, brother-in-law,sister-in-law,aunt, uncle or first cousin,or the spouse of any such person,or gifts to a church, religious or charitable organization qualified as such under the provisions of the Internal Revenue Code shall not be considered gifts for the purposes of this definition. Gifts of informational material such as books, pamphlets, reports, calendars or periodicals shall not be considered gifts for the purposes of this definition. D. "Immediate family" means an individual's spouse,dependent children,or others if the interest herein required to be disclosed is constructively controlled by the person required to file a conflict of interest disclaimer and/or a statement of economic interest pursuant to state statutes. E. "Income" means salary, wage, advance, payment, fee, honorarium or any other consideration for personal, professional, or commercial services, rent, dividends, interest, capital gains received from the sale of real or personal property, stocks or bonds, return of capital, forgiveness or payment of indebtedness, discount in the price of anything of value unless the discount is available to members of the public without regard to official status, rebate, reimbursement for expenses, contribution to an insurance or pension program paid by any person other than an employer. Income also includes a pro rata share of any income of any business entity ortrust in which the individual or spouse owns directly, indirectly or beneficially, a five percent or greater interest. F. "Interest in real property" means and includes, but is not limited to the following: legal or equitable title; a beneficial interest in any trust (including a land trust); any assignment of any interest from a beneficiary or any other party of an interest; a power to direct conveyances; a right to receive rents or proceeds from the property; a lien;a tax sale certificate; an option; or any other financial interest, real or personal, direct or indirect in such property including status as a nominee or undisclosed principal. G. "Payment" means a payment, distribution,transfer, loan,advance, deposit,gift or other rendering of money, property,services or anything else of value,whether tangible or intangible. H. "Person" means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee and any other organization or group of persons acting in concert. I. "Public official" means any person who seeks to be elected or is elected to any public office in the Village, or is appointed a member of any commission, committee, or board of the Village, and all department heads, and other employees as designated by the Village Manager. J. "Purchase transaction" means a purchase,or a contract to purchase goods or services of any kind. K. "Supplier" means any individual, firm, corporation, association, partnership, joint venture, sole proprietor,or other business entity which enters into a purchase transaction with the Village. 2.48.020 Disclosure of Economic Interests. A. Disclosure Required. All persons required to disclose their economic interests with respect to the Village by Section 4A-105.5 or any other provision of the Illinois Governmental Ethics Act,shall do so in the time, the manner and extent required by law. Unless otherwise required by law, such disclosures shall be filed with the County Clerk of Cook County by May 1 of each year. B. Duties of the Village Clerk. On or before February 1 of each year,or as otherwise may be provided by law,the Village Clerk shall certify to the County Clerk of Cook County a list of names and addresses of the persons required to disclose their economic interests in accordance with Sect. 4A-101.5 of the Illinois Governmental Ethics Act. In preparing the list for submission to the County Clerk, the Village Clerk shall set out the names in alphabetical order. C. Persons subject to disclosure. The Village Board finds that the following public officials are presumptively subject to the disclosure requirements of the Illinois Governmental Ethics Act: Candidates for elected Village office The Village President and members of the Board of Trustees Village Clerk Members of the Planning and Zoning Commission Members of the Ethics Commission Trustees of the Fire Pension Fund Trustees of the Police Pension Fund Village Manager and any Deputy Village Managers Director of Finance Deputy Director of Finonce Director of Administrative Services Buyer Administrative Services Manager/Deputy Village C/erk Director of Communications Director of Human Resources Director of Community Develapment Deputy Director of Community Development Associate Planner Building Services Manager Plans Examiner Chief of Police Deputy Chief of Police Fire Chief Deputy Fire Chief Deputy Fire Marshal Fire Department Administrative Assistant EMA Coordinator Village Attorney Administrative Hearing Officer Golf Head Professional Assistant Golf Professional Director of Public Works Assistant Director of Public Works Village Engineer Building Maintenance Manager Forestry Manager Fleet Manager Sewer and Drainage Manager Superintendent of Maintenance Water Section Manoger Symphonic Band Director 2.48.030 Conflict of interest disclaimer. All public officials shall file at the time of appointment with the Village Clerk a verified conflict of interest disclaimer in the following form: I, ,state as follows: 1. I have been elected/oppointed/hired/or I intend to run for Election (circle one) as a/the , of the Village of Buffalo Grove. 2. I have no interest, nor do members of my immediate family have any interest, direct or indirect, in my or their own name or in the name of any other person, association, trust, or corporation doing business with the Village in which I or they have an ownership interest exceeding 5%, in any contract of a value in excess of$500.00 or in the performance of any work of a value in excess of$500.00 for the Village of Buffalo Grove in the making or letting of which I may be called upon to act or vote and if so, shall disclose same prior to acting or voting on same. I further understand that Illinois law, specifically Section 3 of the Public Officers Prohibited Interest Act, (50 ILCS 505/3)and Section 3.1-55- 10 of the Illinois Municipal Code (65 ILCS 5/3.1-55-10) impose additional restrictions on my interests in contracts,works,or business of the Village and that I am subject to those restrictions in addition to those set forth in Chapter 2.48, Ethics of the Village of Buffalo Grove Municipal Code. 3. I will not during my term of office (or period of appointment or employment) receive income for services rendered from persons having an interest in real property which such services are rendered on behalf of a plan, project or development for which approval or a favorable recommendation is requested of any Board, committee, subcommittee, commission or Department of the Village of Buffalo Grove unless same shall be disclosed prior to such approval or recommendation. 4. I have read and acknowledge the requirements of the State Officials and Employees Ethics Act(5 ILCS 430/1 et. seq.) as those requirements are made a part of Chapter 2.49 of the Village of Buffalo Grove Municipal Code. I understand that I must abide by its terms. 5. I understand that I am required by the Illinois Governmental Ethics Act (5 ILCS 420/et. seq.)to file a statement of economic disclosure with the County Clerk of Cook County by May 1 of each year. 6. (To be completed by the President, Treasurer and members of the Board of Trustees or candidates for those offices.) I do not own stock in any bank or other financial institution authorized to accept deposits of the Village funds or, I own the following shares of stock: I, , declare that the foregoing statements have been examined by me and are, to the best of my knowledge and belief, true, correct and accurate. All provisions of Illinois law referenced in this disclaimer are available at www.il�a.�ov. Chapter 2.48, Ethics of the Village of Buffalo Grove Municipal Code is available at www.vb�.or�. I understand that the penalty for willfully attesting to a false disclaimer is a fine not to exceed$500.00. I understand that, should a conflict under this disclaimer arise, I am obligated to amend this statement and immediately file same with the Village Clerk. Failure to disclose a conflict of interest may result in civil or criminal penalties, up to and including the termination of my appointment. DATED: , 20 Signature: 2.48.040 Filing of Conflict of Interest Disclaimers and Statements of Economic Interests. A. The conflict of interest disclaimer required above shall be completed on forms approved by the Corporate Authorities and provided by the Village Clerk. Conflict of interest disclaimers shall be filed pursuant to the following schedule: 1. Any candidate for elective public office within the Village shall file with his or her nominating petitions; 2. A public official, as defined herein,shall file their conflict of interest disclaimer within thirty days of appointment or retention, or if employed it shall be filed with the Clerk prior to the first day of employment; 3. All public officials shall file their conflict of interest disclaimers annually not later than June ist; 4. Revised conflict of interest disclaimers shall be filed within thirty days following any event which would require a change in any information or disclaimers contained in the disclaimer on file with the Village Clerk. B. Not less than fifteen days before the filing dates specified above, except the filing date specified in subsection (A)(4) of this section, the Village Clerk shall, by regular U.S. mail or electronic mail, notify the persons required to file conflict of interest disclaimers of their obligation to file.The Village Clerk shall provide each person filing such statements with a written receipt indicating the date on which the filing took place. In addition,the Village Clerk shall, at least fourteen days prior to the filing dates specified above, provide each person required to file a conflict of interest disclaimer with a copy of the ordinance codified in this Chapter. C. Every person required to file a statement of economic interests with the County Clerk of Cook County by the Illinois Governmental Ethics Act shall file a duplicate copy of such statement with the Village Clerk within fourteen (14) days of filing with the County Clerk along with a receipt evidencing said filing.This requirement shall not apply if(1)the County Clerk has instituted an Internet-based system of filing in accordance with Section 4A-108 and posts and makes the contents of such statements filed with him or her available for inspection and copying on a publicly accessible website and (2) the person has filed his or her statement using such Internet-based system of filing in accordance with the law. 2.48.050 Public record. All statements filed with the Village under this Chapter shall be available for examination and copying in accordance with the Freedom of Information Act. 2.48.060 Penalty. Any person required to file the statement provided for in this Chapter who knowingly fails to so file, or knowingly files a false or incomplete statement is guilty of a misdemeanor and shall be fined not more than five hundred dollars. 2.48.070 Supplier's statement. A. All bidding forms and purchase orders for purchase transactions in excess of one hundred dollars between the Village and a supplier shall contain the following provision as one of the terms and conditions of such purchase orders: The undersigned supplier hereby represents and warrants to the Village as a term and condition of acceptance of this(bid or purchase order)that none of the following Village officials is either an officer or director of supplier or owns five percent or more of supplier: The Village President; the members of the Village Board of Trustees;the Village Clerk;the Village Treasurer;the members of the Planning & Zoning Commission; the Village Manager; Deputy Village Manager; the heads of the various departments within the Village. If the foregoing representation and warranty is inaccurate, state the name of the Village official who either is officer or director of your business entity or owns five percent or more thereof. B. The Village Manager shall promptly notify the Corporate Authorities of any persons named by suppliers in response to the foregoing inquiry. 2.48.080 Administration. Administration and review of this Chapter shall be the responsibility of the Village Manager and Ethics Commission. Chapter 2.49 STATE OFFICIALS AND EMPLOYEES ETHICS ACT I. General Provisions 2.49.010 Adoption of Act. A. The regulations of Sections 5-15 (5 ILCS 430/5-15) and Article 10 (5 ILCS 430/10-10 through 10-40) of the State Officials and Employees Ethics Act, 5 ILCS 430/1-1 et seq., (hereinafter referred to as the "Act" in this section) are hereby adopted by reference and made applicable to the officers and employees of the Village to the extent required by 5 ILCS 430/70-5. B. The solicitation or acceptance of gifts prohibited to be solicited or accepted under the Act, by any officer or any employee of the Village, is hereby prohibited. C. The offering or making of gifts prohibited to be offered or made to an officer or employee of the Village under the Act is hereby prohibited. D. The participation in political activities prohibited under the Act, by any officer or employee of the Village, is hereby prohibited. E. For purposes of this Chapter, the term "officer" is defined as an elected or appointed official of the Village; regardless of whether the official is compensated and shall include, but not by way of limitation, members of Village commissions, committees and boards appointed by the Village President by and with the advice and consent of the Board of Trustees. F. For purposes of this Chapter,the term "employee" is defined as a full-time, part-time, or contractual employee of the Village. 2.49.020 Existing ethics ordinance. This Chapter does not repeal or otherwise amend or modify Chapter 2.48 of the Village Code which regulates the conduct of Village officers and employees.To the extent that Chapter 2.48 is less restrictive than this Chapter,then the provisions of this Chapter shall prevail in accordance with the provisions of 5 ILCS 430/70-5(a). II. Ethics Commission 2.49.030 Ethics Commission created. A. There is hereby created a commission to be known as the Ethics Commission of the Village of Buffalo Grove ("Commission"). The Commission shall be comprised of seven members ("Commissioners") appointed by the Village President by and with the consent of the Board of Trustees. All members shall be residents of the Village and eligible to vote throughout their respective terms of office. No person shall be appointed as a member of the Commission who is related, either by blood or by marriage up to the degree of first cousin,to any elected officer of the Village. B. Appointments shall be for a one-,two-,or three-year term to run from May 1 to the appropriate April 30,with the exception of initial appointees which shall begin their term on the date of appointment. An appointment hereunder shall not exceed the full term to which the Village President was elected. C. The Village President, by and with the advice and consent of the Board of Trustees, shall appoint one of the members as Chairperson and one of the members as Vice Chairperson. D. The Corporate Authorities may establish rules of procedure for the Commission. 2.49.040 Meetings, quorum and voting. A. Meetings of the Commission shall be held at the call of the Chairperson, as a majority of the Commission shall determine, or at the direction of the Corporate Authorities. B. A majority of the Commissioners holding office shall constitute a quorum. An affirmative vote of the majority of the Commissioners holding office shall prevail. 2.49.050 Powers and duties. The Commission shall have the following powers and duties: A. To recommend to the Corporate Authorities modifications to The Ethics Commission's procedures and rules governing the performance of its duties and the exercise of its powers. B. Upon receipt of a referral from the Corporate Authorities, to investigate, conduct hearings and deliberations, make recommendations to the Corporate Authorities for judicial and disciplinary actions and/or fines.The Commission shall, however,act only upon the receipt of a referral from the Corporate Authorities and not upon its own prerogative. C. To receive information from the public pertaining to its investigations and to require additional information and documents from persons who may have violated the provisions of this Chapter. D. To compel the attendance of witnesses and to compel the production of books and papers pertinent to an investigation. It is the obligation of all officers and employees of the Village to cooperate with the Commission during the course of its investigations. E. Review for completeness of disclosure statements required by Chapter 2.48 of the Village Code. F. Educate Village Boards and Commissions about the ethics requirements of the Village Code and Illinois State Statute. G. The powers and duties of the Commission are limited to matters clearly within the purview of this Chapter. 2.49.060 Complaints and procedures. A. Any person may file a written complaint of an alleged violation of this Chapter with the Village Clerk. The written complaint shall include the following information:(i)the complaint shall set forth the date or time period when the alleged violation occurred; (ii) the complaint shall describe in detail the act or acts complained of and provide a list of witnesses to the act or acts;(iii)the complaint shall contain the complainant's home address, business telephone number and personal telephone number; and (iv)the complaint shall be signed by the complainant and notarized. B. Within three business days after the receipt of a complaint, the Village Clerk shall send by certified mail, return receipt requested or by personal delivery service, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. Within three business days afterthe receipt of a complaint,the Village Clerk shall send by certified mail, return receipt requested or by personal delivery service, a confirmation of the receipt of the complaint to the complainant. A copy of the complaint shall be forwarded to the Village President and the Village Manager. C. The respondent shall have ten business days after receipt of the complaint to file a written response thereto. The response shall be served upon the Village Clerk. In the event a written response is not filed within said ten business days, then it shall be assumed that the allegations in the complaint are denied generally. A copy of the response shall be forwarded to the Village President and the Village Manager. D. The Corporate Authorities shall meet within thirty calendar days after receipt by the Village Clerk of the complaint and any response thereto. The Corporate Authorities shall consider the allegations of the complaint and response thereto and shall, by majority vote,either dismiss the complaint as being unfounded, or refer the complaint and response to the Ethics Commission for investigation and recommendation. E. Within five business days after receipt of the referral from the Corporate Authorities the Commission shall meet to review the complaint and shall schedule a hearing date on the complaint and any response thereto within thirty calendar days after the date of said meeting. The Commission shall send notice of the hearing date by certified mail, return receipt requested or by a personal delivery service to the complainant and the respondent which notice shall set forth the date, time and place of the hearing. F. Upon setting the hearing date the Commission shall notify in writing the attorney designated by the Corporate Authorities to prosecute such actions and shall transmit to the attorney a copy of the complaint, any response thereto and all additional documents in the custody of the Commission concerning the alleged violation. G. On the scheduled date and upon at least five business days public notice of the meeting, the Commission shall conduct a hearing on the complaint and shall allow both parties the opportunity to present testimony and evidence.The complainant and the respondent shall have the right to engage in discovery, call witnesses and cross examine witnesses. The formal and technical rules of evidence shall not apply at the hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by a reasonably prudent person in the conduct of their affairs. H. Within thirty calendar days after the date of the hearing or any recessed hearing is concluded, the Commission shall either(i) dismiss the complaint or(ii) issue its findings and recommendation to the Corporate Authorities. I. The Corporate Authorities, upon receipt and review of the findings and recommendations of the Commission may accept or reject the recommendation of the Commission or may remand the matter to the Commission for further proceedings. If the Corporate Authorities determine that a violation of this Chapter has occurred then they may take the appropriate corrective and/or disciplinary action against the respondent. The Corporate Authorities, as appropriate to the case, may also direct that appropriate administrative or legal proceedings be instituted for the purpose of imposing fines and/or removal of the appointed official or employee from office provided that the Corporate Authorities may not remove an elected officer from office. Any discipline provided for under this Chapter shall comply with any collective bargaining agreement applicable to the respondent. J. A complaint alleging a violation of this Chapter must be filed within one year after the alleged violation. 2.49.070 False or frivolous complaints. Any person who knowing makes a false, misleading or unsubstantiated statement or claim in a complaint is subject to prosecution for perjury or possible civil liability. If after reviewing a complaint and a response thereto, it is determined that the complaint is groundless and appears to have been filed in bad faith or for the purpose of harassment,or that intentionally false or malicious information has been provided then the Village Attorney, at the Corporate Authorities direction,shall refer the matter to the appropriate law enforcement authority for review and possible prosecution.A Village officer who seeks to take civil action regarding any such complaint shall do so at their own expense. III. Amendments; Severability 2.49.080 Future amendments to State Officials and Employees Ethics Act. Any amendment to the Act that becomes effective after the effective date of this Chapter shall be incorporated into this Chapter by reference and shall be applicable to the solicitation,acceptance,offering and making of gifts and to prohibited political activities. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this Chapter by reference without formal action by the Corporate Authorities of the Village. 2.49.090 Future declaration of unconstitutionality of Act. A. If the Illinois Supreme Court declares the Act unconstitutional in its entirety, then this Chapter shall be repealed as of the date that the Illinois Supreme Court's decision becomes final and not subject to any further appeals or rehearings. This Chapter shall be deemed repealed without further action by the Corporate Authorities of the Village if the Act is found unconstitutional by the Illinois Supreme Court. B. If the Illinois Supreme Court declares part of the Act unconstitutional but upholds the constitutionality of the remainder of the Act, or does not address the remainder of the Act,then the remainder of the Act as adopted by this Chapter shall remain in full force and effect; however,that part of this Chapter relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the Corporate Authorities of the Village. IV. Penalties 2.49.100 Penalties. A. A person is guilty of a Class A misdemeanor if that person intentionally violates any provision of subsection D. of Section 2.49.010 of this Chapter. B. A person who intentionally violates any provision of Subsection B. of Section 2.49.010 of this Chapter is subject to a fine of at least one thousand one dollars and up to five thousand dollars. C. Any person who intentionally makes a false report alleging a violation of any provision of this Chapter to the Village is guilty of a Class A misdemeanor. D. The Village may levy an administrative fine of up to five thousand dollars against any person who violates this Chapter,who intentionally obstructs or interferes with an investigation conducted under this Chapter, or who intentionally makes a false,frivolous, or bad faith allegation. E. In addition to any other penalty that may apply,whether criminal or civil an officer or employee who intentionally violates any provision of this Chapter is subject to discipline or discharge except that the Corporate Authorities shall not remove an elected officer from office. Chapter 2.52 - PUBLIC SAFETY EMPLOYEE BENEFITS ACTS 2.52.010- Purpose. The purpose of this chapter is to provide a fair and efficient method of determining the eligibility of an employee for the benefits enumerated under the Public Safety Employee Benefits Act (820 ILCS 320/1 et seq.) (PSEBA).All benefits provided employees pursuant to PSEBA will be consistent with PSEBA. 2.52.020-Authority. The ordinance codified in this Chapter is adopted by the Corporate Authorities of the Village pursuant to the Home Rule authority granted by Article VII,Section 6 of the Illinois Constitution of 1970. 2.52.030- Policy and procedure for administering applications for PSEBA benefits. Except as otherwise provided below, the following policies and procedures established pursuant to this subchapter 2.72.030 shall be administered and interpreted by the Village Manager as follows: A. Application for PSEBA benefits. A PSEBA benefit application form prepared by the Village shall be the standard form required for PSEBA benefit applicants(hereinafter the"applicant")to utilize to request benefits under PSEBA. The form shall be completed and executed by the requesting applicant and delivered to the Village Manager.The applicant shall provide, along with the application, any medical records regarding the injury,any decisions by a governing public safety pension board and supporting documentation related to such pension board decisions and any additional pertinent documentation that the applicant wants to have considered or that is requested by the Village. B. Application review process. 1. When the Village Manager receives a complete and executed PSEBA benefit application, the Village Manager shall review the application and engage in such additional fact-finding and/or investigation as may be deemed necessary or appropriate to evaluate the application, including, but not limited to the review of public safety pension board hearing transcripts and decisions, worker's compensation documentation and independent medical examinations. 2. If additional fact-finding and/or investigation is determined to be necessary, the applicant shall fully cooperate. If the applicant refuses or otherwise fails to fully cooperate, then a reminder notice shall be sent to the applicant explaining the duty of full cooperation in the fact-finding and/or investigation process. If the applicant fails to cooperate as requested within twenty-one calendar days after receipt of such notice,then the application for PSEBA benefits shall be deemed withdrawn. 3. The Village Manager shall make a written recommendation, including reasons for the recommendation,to the Corporate Authorities of the Village within forty-five calendar days after the later of the following: a. The submission of the relevant documentation; or b. The completion of such additional fact-finding or investigation as deemed necessary or appropriate by the Village Manager(as stated in subsection (B)(1)). The Village Manager's written recommendation shall state whether: a. the applicant is eligible for benefits under PSEBA;or b. a hearing should be convened in order to determine whether or not the applicant is eligible for benefits under PSEBA and shall inform the applicant, in writing, of the decision and the reasons for the decision. 4. If the Village Manager recommends that the applicant is eligible for benefits under PSEBA, the recommendation shall be presented to the Village Board at the next regularly scheduled Village Board meeting (subject to the notice provisions of the Open Meetings Act).The Village Board or its authorized designee shall make a determination that: a. The applicant is eligible for benefits under PSEBA;or b. A hearing as set forth in subchapter 2.52.040(C) should be convened in order to determine whether or not the applicant is eligible for benefits under PSEBA. 2.52.040- Policy and procedure for administering hearings for PSEBA benefits. If the Village Board,following the Village Manager's recommendation, determines that a hearing should be convened,the Village Board or its authorized designee shall convene a hearing which shall be overseen by a hearing officer whose power and authority and limitations are as follows: A. Power of the hearing officer. The hearing officer shall have the necessary powers granted to him relative to conduct an administrative hearing including the power to: 1. Preside over all Village hearings involving PSEBA; 2. Administer oaths; 3. Hear testimony and accept evidence that is relevant to the issue of eligibility under PSEBA; 4. Issue subpoenas to secure attendance of witnesses and the production of relevant papers or documents upon the request of the parties or their representatives; and 5. Issue a written determination based on the evidence presented at the hearing. B. Hearing officer.The President with the consent of the Village Board is hereby authorized to appoint a person to hold the position of a hearing officer for each PSEBA hearing that shall come before the Village. C. The administrative hearing. A hearing may be held to adjudicate and determine whether the subject public safety employee is eligible for benefits under PSEBA. If the employee is found eligible, the employee benefits shall be consistent with PSEBA. 1. Time and date. Hearings shall be held on the date, time and place as established by the Village with appropriate notice served upon the public safety employee. 2. Record. All hearings shall be attended by a certified court reporter and a transcript of all proceedings shall be made by said certified court reporter. 3. Procedures. The Village and the petitioning public safety employee shall be entitled to representation by counsel at said hearing and may present witnesses,may present testimony and documents, may cross-examine opposing witnesses, and may request the issuance of subpoenas to compel the appearance of relevant witnesses or the production of relevant documents. 4. Final determination.The determination by the hearing officer of whether the petitioning public safety employee is eligible for the benefits under PSEBA shall constitute a final determination for the purpose ofjudicial review under the common law writ of certiorari. Chapter 2.54 - EMERGENCY MANAGEMENT AGENCY 2.54.010- Establishment. There is hereby created the Village of Buffalo Grove Emergency Management Agency, hereinafter designated as Village EMA, established to prevent, minimize, repair and alleviate injury or damage resulting from disaster caused by enemy attack, sabotage or other hostile actions or from natural or manmade disaster, in accordance with "The Illinois Emergency Management Agency Act," as amended. The Village EMA shall consist of the Fire Chief,who shall serve as EMA Director,the Coordinator,and such other members as may be selected by the Director. The Coordinator shall be under the authority, command, and control of the EMA Director. 2.54.020- Director. Duties: Under the supervision of the Village President, the Director shall have the responsibility for the management of the Emergency Management Agency,to include the Coordinator and support staff. Vacancy in office: In the event of the absence, resignation, death, or inability to serve as the Director of Emergency Management,the Village President or individual designated by the Village President,shall be and act as Director until a new appointment is made as provided in this Chapter. 2.54.040- Coordinator. Duties: Under the supervision of the Director of Emergency Management, the Coordinator shall have direct responsibility for the planning,coordination,and operation of the emergency management activity in the Village. The Coordinator shall maintain liaison with the State and Federal authorities and the authorities of other nearby political subdivisions to ensure the most effective operation of the Emergency Operations Plan.The Coordinator's duties shall include, but not be limited to,the following: A. Coordinating the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the Village for emergency management purposes. B. Development and coordination of plans for the immediate use of all Village facilities, equipment, human effort and other resources for the purposes of minimizing or preventing damage to persons and property and protecting and restoring to usefulness governmental services and public utilities necessary for the public health,safety and welfare. C. Negotiating and concluding agreements with owners or persons in control of buildings or other property for the use of such buildings or other property for emergency management purposes, and designating suitable buildings as public shelters. D. Conducting public practice alerts to ensure the efficient operation of emergency management regulations, procedures, and operations. E. Coordinating the activity of all other public and private agencies engaged in any emergency management activity. F. Assuming such authority and conducting such activity as the Village President may direct to promote and execute the Emergency Operations Plan. Vacancy in Office: In the event of the absence, resignation,death,or inability to serve as the Coordinator, the Village President or any person designated by the Village President, shall be and act as Coordinator until a new appointment is made as provided in this Chapter. 2.54.050- Membership with the Joint Emergency Management System. The Village of Buffalo Grove is a member of the Joint Emergency Management System (JEMS), a regional agreement between neighboring municipalities for emergency management support. The Joint Emergency Management System is over seen by a board which is composed of the Chief Administrative Officer, or their designee,from each of the member communities. The board is led by a Chairperson and Vice-Chairperson, who are elected by the board members. As a member of JEMS, the Village of Buffalo Grove coordinates their emergency management program activities with the JEMS Coordinator in order to establish regional standardization. 2.54.060-Joint Emergency Management System Coordinator. Duties: In cooperation with the Director, the JEMS coordinator will have the responsibility for planning, training and exercise coordinator of the emergency management activity in the Village. The JEMS Coordinator's duties shall include, but not be limited to,the following: A. Maintain, coordinate, and recommend for adoption or amendment, an Emergency Operations Plan EOP. B. Be on-call twenty-four-hours a day. C. Monitor news and severe weather. D. Maintain, update and monitor the subscriber community continuity of Operations Plan (COOP). E. Serve as the liaison for Subscribers to state emergency management agencies and emergency service and disaster agencies. F. Act as the NIMS Compliance Officer under the National Incident Management System. G. Ensure that the Subscribers' Emergency Operations Centers (EOC's) are maintained and ready. H. Provide training on the use of EOC equipment and readiness including regional disaster exercises to measure the subscriber's preparedness to respond to emergencies and to develop action plans to address any deficiencies identified during such exercises. I. Oversee the maintenance and evaluation of the emergency warning systems including the outdoor warning sirens or additional warning systems in place in each subscriber community. J. Assist in the preparation and distribution of Incident Action Plans for planned special events. 2.54.070- Functions. The Village EMA shall perform such EMA functions within the Village as shall be prescribed in and by the State of Illinois EMA plan and program prepared by the Governor, and, in addition, shall perform such duties outside the corporate limits as may be required pursuant to any mutual aid agreement with any other political subdivision, municipality, or quasi-municipality entered into as provided in "The Illinois Emergency Management Agency Act", as amended. 2.54.080- Service as Mobile Support Team. All or any member of the Village EMA organization may be designated as a member of a mobile support team created by the Director of the State of Illinois Emergency Management Agency, as provided by law. i The leader of the mobile support team shall be designated by the Director of the Village EMA organization. I Any member of a mobile support team who is a Village employee or officer while serving on call to duty by the Governor,or the State Director,shall receive the compensation and have the powers,duties, rights and immunities incident to such employment or office. Any such member who is not a paid officer or employee of the Village,while so serving,shall receive from the State of Illinois,reasonable compensation as provided by law. 2.54.090-Agreement with other political subdivisions. The Director of the Village EMA may negotiate mutual aid agreements with other cities or political subdivisions of the State of Illinois, but no such agreement shall be effective until it has been approved by the Village President and Board of Trustees. 2.54.100- Emergency Action. If the Governor proclaims that a disaster or state of emergency exists in the event of actual enemy attack upon the United States or the occurrence within the State of Illinois of a major disaster resulting from enemy sabotage or other hostile action, or from manmade or natural disaster, it shall be the duty of the Village EMA to cooperate fully with the State of Illinois EMA and with the Governor in the exercise of emergency powers as provided by law. 2.54.110- Emergency Powers and Duties. A. The Village President may exercise the emergency power and authority necessary to fulfill the President's general powers and duties as defined in Village ordinance. The judgment of the Village President shall be the sole criteria necessary to invoke emergency powers provided by ordinance and other appropriate authorities. The Board of Trustees may convene to perform its legislative and administrative powers as the situation demands and shall receive reports relative to emergency management activities. Nothing in this Chapter shall be construed as abridging or curtailing the powers or restrictions of the Board of Trustees. B. During any period when disaster threatens or when the Village has been struck by disaster,within the definition of this Chapter,the Village President or the Director of the Emergency Management Agency may promulgate such regulations as deemed necessary to protect life and property and preserve critical resources. Such regulations may include, but shall not be limited to,the following: 1. Regulations prohibiting or restricting the movement of vehicles in order to facilitate the work of emergency management personnel or to facilitate the work of emergency management personnel or to facilitate the mass movement of persons from critical areas within or without the village. 2. Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to disaster. 3. Such other regulations necessary to preserve public peace, health and safety. 4. Regulations promulgated in accordance with the authority above will be given widespread circulation by proclamations published and expressed by newspaper, radio, televised media and social media. C. Emergency Locations; Governmental Powers: Whenever, due to an emergency resulting from the effects of natural or human made disaster or hostile act or the anticipated effects thereof, it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place or places,the Village Board may meet at any place within or without the Village limits on the call of the presiding officer or any two members of such governing body and shall proceed to establish and designate by ordinance, resolution, or other manner alternate or substitute sites or places as the emergency temporary location or locations of government where all, or any part of,the public business may be transacted and conducted during the emergency situation.Such sites or places may be within or without the territorial limits of the Village. D. During the period when the public business is being conducted at the emergency temporary location or locations, the governing body and other officers of the Village shall have and possess and shall exercise, at such location or locations, all of the executive, legislative, and judicial powers and functions conferred upon such body and officers by or under the laws of this State. Such powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of such body and officers shall be valid and binding as if performed within the territorial limits of their Village. E. Continuity in Office: In the event that the Village President is unavailable, the powers of the office shall be exercised and duties shall be discharged by the President's designated emergency interim successors in the order specified. The emergency interim successor shall exercise the powers and discharge the duties of the office to which designated until such time as a vacancy which may exist shall be filled in accordance with the constitution or statutes; or until the officer, or the officer's deputy or a preceding emergency interim successor, again becomes available to exercise the powers and discharge the duties of office. Based on the authority of 5 ILCS 275/3, the line of succession for the executive branch of government is:Village President, President Pro-Tem,Village Manager,Deputy Village Manager. In the event that, at the time or as a consequence of any disaster or occurrence described in this Chapter, the Village President and the President's three successors on file with the Village shall be absent, killed, or rendered incapable of performing the duties of such office,such office shall be filled until such time as a successor can be selected in the manner prescribed by law, in the following line of succession: the remaining members of the Village Board of Trustees based on tenure, the Village Manager, the Director of Finance, the Chief of Police, the Fire Chief/Director of the Emergency Management Agency, the Village Clerk. In the event that, at the time or as a consequence of any disaster or occurrence described in this Chapter, the incumbent of any Municipal office or position shall be absent, killed, or rendered incapable of performing the duties of such office or position,such office or position shall be filled, until such time as a successor can be selected in the manner prescribed by law, by appointment by the Village President. The Village President shall give due consideration to the list of three successors on file with the Village but is not required to select from said list. 2.54.120- Emergency Management Agency and Emergency Operations Plan. A. A comprehensive Emergency Operations Plan shall be adopted and maintained by resolution of the Corporate Authorities upon the recommendations of the Village President. In the preparation of the Plan as it pertains to Village organization, it is the intent that the services, equipment, facilities and personnel of all existing departments and agencies shall be utilized to the fullest extent. When approved,it shall be the duty of the Director of the Emergency Management Agency,all departments, and all employees to perform the functions assigned by the Plan and to maintain their portion of the Plan in a current state of readiness at all times. The Emergency Operations Plan shall be considered supplementary to this Chapter and have the effect of law whenever a disaster has been proclaimed. B. The Village President shall prescribe in the Emergency Operations Plan those positions within the disaster organization, in addition to their own, for which lines of succession are necessary. In each instance,the responsible person will designate and keep on file with the Village a current list of three persons as successors to the position. The list will be in order of succession and will as nearly as possible designate persons best capable of carrying out all assigned duties and functions. C. Each department head assigned responsibility in the Emergency Operations Plan shall be responsible for carrying out all duties and functions assigned therein. Duties will include the organization and training of assigned Village employees and volunteers. Each department head shall formulate the operational plan for their department which, when approved, shall be an annex to and part of the Emergency Operations Plan. D. When a required competency or skill for a disaster function is not available within the Village government, the Village President is authorized to seek assistance from persons outside of government. The assignment of duties, when of a supervisory nature, shall also grant authority for the persons so assigned to carry out such duties prior to,during, and after a disaster.The Village may accept such services from persons outside of government on a volunteer basis.Such persons shall be enrolled as emergency management volunteers in cooperation with the heads of departments affected. E. Some of the duties ascribed to the Village President in this Section will ordinarily be handled as a matter of routine by the Emergency Management Agency's Director or Coordinator, but the responsibility and authority stem from and remain with the Village President. 2.54.130- Compensation. Members of the Village EMA who are paid employees or officers of the Village, if called for training by the State of Illinois Director of EMA, shall receive for the time spent in such training,the same rate of pay as is attached to the position held; members who are not such Village employees or officers shall receive for such training time, such compensation as may be established by the Village President and Board of Trustees. 2.54.140- Reimbursement by State. The Village Treasurer may receive and allocate to the appropriate fund any reimbursement by the State of Illinois to the Village for expenses incident to training members of the Village EMA as prescribed by the State Director of EMA, compensation for services and expenses of inembers of a mobile support team while serving outside the Village in response to a call by the Governor or State Director of EMA, as provided by law, and any other reimbursement made by the State incident to EMA activities as provided by law. 2.54.150- Purchases and Expenditures. The Village Corporate Authorities, may, on recommendation of the Director of EMA, authorize any purchase or contracts necessary to place the Village in a position to combat effectively any enemy attack upon the United States or the occurrence within the State of Illinois of a major disaster resulting from enemy sabotage or other hostile action, or from human made or natural disasters and to protect the public health and safety, protect property, and provide emergency assistance to victims in the case of such disaster. In the event of enemy caused or other disaster,the Director of Village EMA is authorized,on behalf of the Village,to procure such services,supplies,equipment or material as may be necessary for such purposes, in view of the emergency without regard to the statutory procedures or formalities normally prescribed by law pertaining to Village contracts or obligations, as authorized by "The Illinois Emergency Management Agency Act," as amended; provided, that if the Village President is available at such time, the Village Coordinator shall act subject to the direction and restrictions imposed by the Village President. 2.54.160- Oath. Every person appointed to serve in any capacity in the Village EMA organization shall, before entering upon his or her duties,subscribe to the following oath: "I (state your name) of the Emergency Management Agency of the Village of Buffalo Grove do solemnly swear (or affirm)that I will support and defend and bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of Illinois, and the territory, institutions and facilities thereof, both public and private, against all enemies, foreign and domestic; that I take this obligation freely,without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter, and I do further swear(or affirm)that I do not advocate, nor am I nor have I been a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am affiliated with the Village EMA organization, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence." 2.54.170- Office. The Village Manager is authorized to designate space in any Village building or elsewhere, as may be provided for by the Village Corporate Authorities for the Village EMA organization as its office. 2.54.180- Local disaster emergencies. A local disaster emergency may be proclaimed only by the Village President as provided by "The Illinois Emergency Management Agency Act," as amended. The local disaster emergency shall continue only as provided by Statute. It shall be the duty of the Village EMA to cooperate fully with the Village President in the exercise of emergency powers as provided by law during the time of a local disaster emergency. 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 S/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 ILCS 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. 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), exceptfor: 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 Appendix A. Table A-2 Offenses and Fines is subject to the general penalty provisions of Section 1.08.010 of this Code. C. Any offense listed in Appendix A.Table A-2 Offenses and Fines may be settled,compromised and paid in the respective amounts and within the respective time frames set forth in Appendix A. Table A-2 Offenses and Fines,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 Appendix A.Table A-2 Offenses and Fines 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. 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. 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. 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 direding 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. 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. 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 their 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 orjudicial 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. 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. 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. 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.). 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. 2.62.110- Enforcement ofjudgments. 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. 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 ofTrustees. Chapter 2.63 - VILLAGE TRAFFIC ADMINISTRATIVE HEARING SYSTEM Z.63.010- Purpose—Scope—Adoption of rules and regulations. A. The purpose of this Chapter is to provide for the administrative adjudication of vehicular violations of this Code, and defining compliance violations, and regulating vehicular standing and parking within the Village and to establish a fair and efficient system for the enforcement of this Code. The traffic administrative adjudication system set forth in this Chapter is established pursuant to Division 2.1 of the Illinois Municipal Code, 625 ILCS 5/11-208.3, and the home rule power of the Village. B. For the purpose of this Chapter, "compliance violation" means a violation of a municipal regulation governing the condition or use of equipment on a vehicle. Z.63.020-Appointment—Traffic compliance administrator. A. The Village Manager shall appoint a Village Traffic Compliance Administrator who is authorized to: 1. Operate and manage the system of administrative adjudication of vehicular standing, parking and compliance violations; 2. Adopt, distribute and process standing, parking and compliance violation notices, collect money paid as fines and penalties for violations of standing, parking and compliance ordinances; 3. Establish procedures necessary for the prompt, fair and efficient operation of the traffic administrative adjudication system; 4. Certify copies of the final determinations of violations liability and factual reports, verifying that the final determination of violating liability was issued in accordance with this Chapter and 625 ILCS 5/11-208.3; 5. Promulgate rules and regulations pertaining to the hearing process, the content of forms and procedures, and the daily operation of the administrative adjudication of standing, parking and compliance violations program. 2.63.030-Appointment—Hearing officer. A. The Village Manager shall appoint a Hearing Officer who shall be empowered and is hereby authorized and directed to: 1. Preside over the administrative hearings established herein, as the adjudicator; 2. Administer oaths; 3. Issue subpoenas to secure the attendance of witnesses and production of relevant papers or documentation; 4. Hear testimony and accept evidence that is relevant to the existence of the code violation; 5. Assess fines and penalties for violations as established in the Village Code; 6. Make final determinations of violation liability; 7. Provide for the accurate recordation of the traffic administrative adjudication system. 2.63.040-Violation—Penalty, costs. A. The violation of any provision of the traffic code prohibiting or restricting vehicular standing or parking,or establishing a compliance violation,shall be a civil offense punishable by fine only,as listed in Appendix A.Table A-2 Offenses and Fines of the Buffalo Grove Municipal Code. B. The hearing officer may assess hearing costs upon finding a respondent liable for a violation of any provision of the traffic code prohibiting or restricting vehicular standing or parking, or establishing a compliance violation, however in no event shall the costs of hearing exceed twenty-five dollars. 2.63.050- Prima facie responsibility for violation and penalty—Parking violation issuance and removal. A. Whenever any vehicle exhibits a compliance violation or is parked in violation of any provision of the traffic code prohibiting or restricting vehicular parking or standing, any person in whose name the vehicle is registered with the Secretary of State of Illinois or such other state's registry of motor vehicles shall be prima facie responsible for the violation and subject to the penalty therefore. The Village and the Police Officer shall accurately record the state registration number of the ticketed vehicle. B. Whenever any vehicle exhibits a compliance violation during operation or is standing or parked in violation of any provision of the traffic code prohibiting or restricting vehicular parking or standing or regulating the condition of a parked or standing vehicle,any police officer,community service officer, or other person designated by the Police Chief observing such violation may issue a parking or compliance violation notice, and serve the notice on the owner of the vehicle by handing it to the operator of the vehicle, if the person is present,or by affixing it to the vehicle in a conspicuous place. C. The issuer of the notice shall specify on the notice the issuer's identification number, the particular parking or compliance ordinance allegedly violated, the make and state registration number of the cited vehicle, and the place, date and time of the alleged violation,the fine that may be assessed and shall certify the correctness of the specified information by signing the issuer's name as provided in Section 11-208.3 of the Illinois Vehicle Code, as amended. D. The notice shall state that vehicle immobilization and driver's license suspension (if applicable) may be imposed if the fine is not paid in full, that payment of the indicated fine shall operate as a final disposition of the violation,and information as to the availability of an administrative hearing in which the violation may be contested on its merits and the time and manner in which such hearing may be had. E. It shall be unlawful for any person, other than the owner of the vehicle or the owner's designee, to remove from a vehicle a parking or compliance violation notice affixed pursuant to this Chapter. 2.63.060- Recordkeeping. The Village Traffic Compliance Administrator shall compile and maintain complete and accurate records relating to all parking violation notices issued pursuant to this Chapter and the dispositions thereof. 2.63.070- Grounds for administrative hearing. A. A person charged with a parking or compliance violation may contest the charge at any administrative hearing limited to one or more of the following grounds with appropriate evidence to support: 1. That the respondent was not the owner or lessee of the cited vehicle at the time of the violation; 2. That the cited vehicle or its state registration plates were stolen at the time the violation occurred; 3. That the facts alleged in the parking or compliance violation notice are inconsistent or do not support a finding that the specified code section was violated; 4. That the illegal condition described in the compliance violation notice did not exist at the time the notice was issued. 2.63.080- Hearing procedure. A. An attorney who appears on behalf of any person shall file with the hearing officerwritten appearance on a form provided by the Village Traffic Compliance Administrator for such purpose. B. The formal and technical rules of evidence shall not apply in the conduct of the hearing. C. All testimony shall be given under oath or affirmation, which shall be administered by the Hearing Officer. The Hearing Officer may issue subpoenas to secure the attendance and testimony of witnesses and the production of relevant documents; provided, however, that a respondent who appears by an attorney shall not be compelled to attend the hearing and may submit their testimony, if any, by affidavit. In addition, witnesses who have not been subpoenaed to attend the hearing may submit their testimony, if any, by affidavit. D. No violation may be established except upon proof by a preponderance of the evidence; provided, however, that a parking or compliance violation notice, or a copy thereof, issued and signed in accordance with this Chapter shall be prima facie evidence of the correctness of the facts specified therein. E. The Hearing Officer may,on a showing of good cause,grant one continuance to a date certain. F. The Village Traffic Compliance Administrator shall cause a record to be made of each hearing, and recording devices may be used for such purpose. 2.63.090- Hearing—Determination of liability or of no liability—Petition to set aside. A. Upon conclusion of a hearing under this Chapter, the Hearing Officer shall issue a determination of no liability or of a liability in the amount of the fine for the relevant violation as provided in this Code. B. If a person fails to respond to the violation notice and opportunity for the administrative hearing and fails to appear, a determination of liability shall be entered against the respondent pursuant to this Chapter. Such determination shall become final for purposes of judicial review under the Administrative Review Law of Illinois upon the denial or,the expiration of the time in which to file, a timely petition to set aside the determination as provided in this Chapter. C. Within twenty-one days from the issuance of a determination of liability pursuant to this Chapter,the person against whom the determination was entered may petition by submitting a written request to the Village Traffic Compliance Administrator to set aside the determination, provided, however,the grounds for the petition shall be limited to: 1. The person not having been the owner or lessee of the cited vehicle on the date the parking violation notice was first issued; 2. The person having already paid the fine or penalty for the parking violation in question; or 3. The person stating they never received the notice; or 4. Excusable failure, based upon criteria established by the Hearing Officer,to appear at or request a new date for a hearing.The Village Traffic Compliance Administrator shall set a hearing date and provide written notice of that date to the Petitioner. 2.63.100- Final determination. Final determination of violation liability shall occur following failure to pay the fine and/or penalty after a Hearing Officer's determination of violation liability, and the exhaustion of or failure to exhaust any administrative review procedures, including denial of a timely petition to set aside or failing to file the set aside petition within twenty-one days of the determination. 2.63.110- Notice of final determination. A. If any fine or penalty is owing and unpaid after a determination of liability under this Code has become final,and the respondent has exhausted or failed to exhaust judicial procedures for review,the Village Traffic Compliance Administrator shall cause a Notice of Final Determination of liability to be sent to the respondent in accordance with this Chapter. B. Any fine and penalty,if applicable, remaining unpaid after the notice of final determination of liability is sent shall constitute a debt due and owing the Village which may be enforced in any legal manner consistent with 625 ILCS 5/11-208.3. Failure of the respondent to pay such fine or penalty may result as applicable: 1. The immobilization of the person's vehicle for failure to pay fines or penalties for five or more parking or compliance violations;and 2. The Village may commence a proceeding in the Circuit Court for purposes of obtaining a judgment on the final determination of violation(s). 2.63.120- Immobilization program. The Village Traffic Compliance Administrator is hereby authorized to direct and supervise a program of vehicle immobilization for the purpose of enforcing the standing, parking and compliance violations pursuant to Chapter 10.22. A person may challenge the validity of the notice of impending vehicle immobilization pursuant to Section 10.22.030. 2.63.140- Lessor of vehicle not liable for violations. A. In accordance with Section 11-1305 ofthe Illinois Vehicle Code,no person who is the lessor of a vehicle pursuant to a written lease agreement shall be liable for a violation of any standing or parking regulation of this Chapter involving such vehicle during the period of the lease if upon receipt of a notice of violation sent with one hundred twenty days of the violation, he or she shall, within sixty days thereafter, provide to the Village Traffic Compliance Administrator the name and address of the lessee. B. Upon receipt of a lessor's notification of the name and address of their lessee, provided pursuant to Sections 11-1305 or 11-1306 of the Illinois Vehicle Code,the Village Traffic Compliance Administrator shall cause a notice of violation to be sent to the lessee as provided for in this Chapter. 2.63.150- Nonresident procedures. A. Nonresidents of this Village who have been served a vehicular standing, parking or compliance regulation violation notice, pursuant to this Chapter, may contest the alleged violation on its merits, as could a resident, or may contest the validity without personally appearing at an administrative hearing by submitting the following: 1. Filing a written request to contest the violation notice with the Village Traffic Compliance Administrator no later than seven calendar days prior to the initial hearing. The request shall be deemed filed upon receipt by the Village Traffic Compliance Administrator and, 2. Filing a notarized statement of facts specifying the grounds for challenging the violation notice which must be filed with the Village Traffic Compliance Administrator no laterthan seven calendar days prior to the initial hearing. The notarized statement of facts shall be deemed filed upon receipt by the Village Traffic Compliance Administrator. B. The receipt of a written request to contest and/or a notarized statement of facts after the due date or with cause, may at the discretion of Village Traffic Compliance Administrator, be accepted for hearing consideration and decision. C. The Village Traffic Compliance Administrator shall forward all submitted materials to the Hearing Officer for review and determination. D. The Hearing Officer shall make an adjudication based upon the facts set forth in the notarized statement of facts filed by the nonresident and as contained in the violation notice. E. Notice of the determination of the Hearing Officer shall be served upon the nonresident by first class mail, postage prepaid,addressed to the nonresident at the address set forth in the statement of facts submitted. F. Service of the notice of determination shall be complete on the date the notice is placed in the United States mail. Chapter 2.70 - RECALL OF ELECTED OFFICIALS 2.70.010- Purpose. This Chapter shall vest the power in the electorate to recall officials elected by them so that the officials may be directly responsible for their behavior in office to the electorate. The electorate is entitled to expect elected officials to properly discharge their responsibilities.The power of the electorate to recall should serve as an impetus to elected officials to be faithful to the public trust. It also is intended to provide an expeditious and effective means for removing from office any Elected Official who has failed to sustain such trust. While no specific charges are required to be lodged formally against an Elected Official to subject the official to Recall Referendum,the individual reasons of each Elector for signing a Recall Petition or voting accordingly shall be deemed sufficient cause for a Recall. 2.70.020- Short title. This Chapter shall be known and may be cited as the"Village of Buffalo Grove Recall Ordinance." 2.70.030-Authority. The ordinance codified in this Chapter is adopted by the Corporate Authorities of the Village of Buffalo Grove pursuant to the Home Rule authority granted by Article VII,Section 6 of the Illinois Constitution of 1970. 2.70.040- Definitions. As used in this Chapter,the following terms have the meanings prescribed in this section: A. "Elected Official" means the Village President (Mayor), Village Trustees and the Village Clerk of the Village Board of the Village of Buffalo Grove, irrespective of whether the person holding any such office was elected, appointed to fill a vacancy, or succeeded by operation of law. However, in the event the Village of Buffalo Grove adopts another form of municipal government, "Elected Official" shall mean all officials holding offices regularly filled by election under such form of government. B. "Local Electoral Board" shall consist of the municipal officers designated as the municipal officers electoral board in the Illinois Election Code (10 ILCS 5/10-9(3)) relating to the election of municipal officers, namely the Village President, Village Clerk and Senior Trustee. However, whenever a Recall Petition comes before the Local Electoral Board in which a member of the Local Electoral Board is a subject of the Recall Petition,that member shall be disqualified to serve on the Local Electoral Board and be replaced in the manner provided in the Illinois Election Code(10 ILCS 5/10-9). C. "Senior Trustee," for the purpose of service on the Local Electoral Board under this Chapter, shall be the Village Trustee who has served the greatest number of years. However, if two or more Village Trustees are of the same seniority,then the Senior Trustee shall be determined by a drawing of blind lots by those Village Trustees,to be administered by the Village Manager and witnessed by the other members of the Local Electoral Board. D. "Elector" means any person registered to vote under the laws of the State of Illinois whose residence from which he or she is registered to vote lies within the corporate boundaries of the Village of Buffalo Grove. 2.70.050- Recall of elected officials. A. Elected Officials shall hold office subject to the right of recall vested by this Chapter in the Electors of the Village of Buffalo Grove.Any Elected Official may be recalled and removed from office by majority vote of the Electors at a Recall Referendum initiated as provided in this Chapter. B. The proposition for recall of an Elected Official shall be in the following form: Shall (name of Elected Official) be recalled and removed from the office of (Title of Office) of the Village of Buffalo Grove?YES/NO C. The conduct of a Recall Referendum, Recall Petition and any challenge to a Recall Petition or the outcome of a Recall Referendum shall conform with the provisions of the Illinois Election Code relating to the election of municipal officers and the submission of public questions and as supplemented by this Chapter. D. If a majority of the Electors voting on the proposition for recall of an Elected Official vote in favor of such recall,the Elected Official shall be removed from office. E. The removal from office shall be effective immediately upon the official proclamation of such vote on the recall proposition, notwithstanding any contest of the results of such vote which may be brought in the Circuit Court. F. If the result of an affirmative vote on a recall proposition is reversed by final order of any court of competent jurisdiction, the recalled official shall thereupon be restored to office, and all rights appurtenant thereto shall be restored and shall relate back to the date of removal as if such official had not been removed upon such final order. Any interim appointment to fill the vacancy created by the recall shall thereupon be terminated. However,any official actions taken by the Village with or by such interim appointee and all official actions done by such interim appointee shall be valid and binding. G. If the result of a negative vote finding the official should not be recalled on a recall proposition is reversed by a final order of any court of competent jurisdiction, the official shall be removed from office as of the date of such final order. 2.70.060- Recall procedures—Initiation—Limitations—Timing. A. A Recall Referendum shall be initiated by the filing of a Notice of Intention to Recall and subsequent Recall Petition in the office of the Village Clerk,with the date and time of filing to be indicated on the Notice of Intention to Recall and the Recall Petition by the Village Clerk upon receipt. B. A Notice of Intention to Recall which names an Elected Official must be filed by an Elector, in accordance with the requirements of Section 2.70.070 of this Chapter, prior to any circulation of any Recall Petition against such Elected Official. A Notice of Intention to Recall shall be filed in the office of the Village Clerk not more than two hundred nor less than one hundred ninety calendar days prior to the day of election. No Recall Petition may be circulated more than ninety calendar days preceding the last day provided for the filing of such Recall Petition with the office of the Village Clerk.The last day for filing a Recall Petition with the office of the Village Clerk shall be not less than one hundred calendar days prior to the date of election. The ninety-day period for circulating the Recall Petition may not be extended by the filing of subsequent Notice(s)of Intention to Recall. C. A Notice of Intention to Recall may name only one Elected Official. A Recall Petition may name only one Elected Official. However, more than one Elected Official may be subject to recall at any election. D. A Recal) Petition must be signed by Electors numbering not less than thirty-three percent of the average of the ballots cast in the last two preceding Municipal elections at which a Village Trustee was elected by the voters of the Village of Buffalo Grove, but not less than one thousand. However, if a Recall Referendum has been conducted against an Elected Official, any subsequent Recall Petitions against the same Elected Official during the same term of office must be signed by Electors numbering not less than fifty percent of the average of the ballots cast at the last two preceding Municipal elections at which a Village Trustee was elected by the voters of the Village of Buffalo Grove, but not less than one thousand five hundred. E. An identical, short and concise statement of reason(s) for recall shall be included on the Notice of Intention to Recall and the Recall Petition. F. An Elected Official may not be recalled during the last six months of the term of office of such Elected Official. No Notice of Intention to Recall may be filed against any E�ected Official if, at the time permitted for the filing of said Notice,the date of the next earliest Regular election permitted by law at which a Recall Referendum could occur is less than six months from the end of the term of office of such Elected Official. For purposes of computing the last six months of the term of office of such Elected Official,the date on which the term of office ends shall be deemed to be the date of the next Municipal election. 2.70.070- Notice of intention to recall—Form—Filing requirements. A. The form of Notice of Intention to Recall shall be substantially as follows: VILLAGE OF BUFFALO GROVE, ILLINOIS NOTICE OF INTENTION TO RECALL Notice is hereby given to the citizens of the Village of Buffalo Grove, Illinois, that Recall Petitions will be circulated requesting that a Recall Referendum be held to remove the following official of the Village of Buffalo Grove from their term of office for the following reason(s): Name of Elected Official !Title of Office ; �__..,_� >>.�._.__ �__.__ � _.... __._ _. . _ __. _ -- --. ______.� _ _ _ _ ___.. Circulation period ends _ _ __ _ ___ _ _ _ Filed By: '.(Name of Elector) ;(Address) __ __ __ : B. A Notice of Intention to Recall must be filed together with a proof of service attached to a copy thereof in substantially the following form: PROOF OF SERVICE OF NOTICE OF INTENTION TO RECALL I, ,an Elector of the Village of Buffalo Grove,did this day(orwithin two(2)days prior to filing of said Notice) mail a true copy of the attached Notice of Intention to Recall to the Elected Official named below at their residence, by registered or certified mail, return receipt requested, with all postage and fees properly paid and affixed, as follows: __ ___ _ _ __ Name of Elected Official Address __ _ _ __ __ ___ __ SWORN UNDER PENALTY OF LAW: (Signature of Elector) (Address) SUBSCRIBED and SWORN to (or affirmed) before me this day of ,_ Notary Public's Signature (Seal) C. No Notice of Intention to Recall shall be valid or shall be accepted for filing by the Village Clerk unless filed with the proof of service required in subsection B of this Section. D. Upon the filing of a Notice of Intention to Recall, the Village Clerk shall, as soon as possible, but no later than ten calendar days after such filing, cause such Notice of Intention to Recall to be printed in a newspaper of general circulation in the Village of Buffalo Grove. A defect in such publication or a failure to publish shall be nonfeasance of office as to the Village Clerk, but shall not be grounds for challenging any Recall Petition or Recall Referendum pursuant to the notice. 2.70.080- Recall Petitions. A. Recall Petitions may be signed only by Electors and in their own hand. Each Elector signing a Recall Petition must write their residence address.An Elector may sign a Recall Petition only once. B. Recall Petitions shall be in substantially the following form: VILLAGE OF BUFFALO GROVE, ILLINOIS RECALL PETITION We, the undersigned qualified voters of the Village of Buffalo Grove hereby petition for a Recall Referendum for the recall and removal of(name of Elected Official)from the office of(Title of Office) of the Village of Buffalo Grove,and that the recall proposition,stated below, be submitted to the Electors of the Village of Buffalo Grove in the manner required by the Village of Buffalo Grove Recall Ordinance. The Elector initiating this Petition cites the following reason(s) for the proposed recall of the Elected Official named above: Shall (name of Elected Official) be recalled and removed from the office of(Title of Office) of the Village of Buffalo Grove?YES/NO Name Street (Voter's Signature) Address Village County 1 ___ .. � ________--- - -�------� _---------- ___,____.-------v �� ---_ __ .__�_.__,__ 2 � � � C. Each sheet of the Recall Petition shall have the following statement appended to it by the circulator of the Recall Petition,who shall be an Elector in the Village of Buffalo Grove: I, (Circulator's Name), a registered voter of the Village of Buffalo Grove, hereby certify that I reside at (street address) in the Village of Buffalo Grove, Illinois 60089, County of , that I am 18 years of age or older,that I am a citizen of the United States, and that each of the signatures on this sheet were signed in my presence,are genuine and that to the best of my knowledge and belief the persons so signing were at the time of signing registered voters of the Village of Buffalo Grove,that the respective residences are correctly stated and that none were placed on said Recall Petition prior to the date set forth in the Village of Buffalo Grove Recall Ordinance. (Circulator's Signature) SUBSCRIBED and SWORN to(or affirmed)by(Name of Circulator) before me this day of , Notary Public's Signature (Seal) D. A Recall Petition shall consist of printed or typewritten sheets reproduced to be the same size and shall contain the same heading.A Recall Petition may be circulated in separate parts,but the separate parts shall be bound together and filed as one instrument.The several pages of a Recall Petition shall be consecutively numbered and securely bound together at the top or on one side, and each page shall contain the affidavit of the circulator as provided in subsection C of this Section. 2.70.090- Review, certification and challenges to Recall Petitions. A. By noon on the second business day following filing of a Recall Petition,the Village Clerk shall cause a copy of the Recall Petition to be delivered to the Elected Official who is the subject of the Recall Petition. B. In accordance with the State Election Code (10 ILCS 5/10-8), a Recall Petition shall be deemed valid unless objection thereto is made in writing within five business days after the last day for filing the Recall Petition. C. Upon expiration of the period for filing objections, if no timely objection is filed with regard to a Recall Petition, and not later than three business days thereafter, the Village Clerk shall request that the agenda for the next Village Board meeting include adoption of an ordinance authorizing that a Recall Referendum question be placed on the ballot for the next earliest Regular election(including a general election,general primary election, consolidated election and consolidated primary election regularly scheduled pursuant to Article 2A of the State Election Code (10 ILCS 5/1-3, 10 ILCS 5/2A-1 et seq.)) permitted by law which is not less than sixty-five calendar days from the date of the ordinance. D. If one or more timely objections are filed with regard to a Recall Petition, the Village Clerk shall by noon on the second business day following the expiration of the filing period: (a) cause copies of the Recall Petition and objector's petition to be delivered to the chairperson of the Local Elected Board; and (b) cause a copy of the objector's petition to be delivered to the Elector who filed the Notice of Intention to Recall. E. The Local Elected Board shall conduct a hearing and render a decision with regard to each filed objection to a Recall Petition, in accordance with the State Election Code (10 ILCS 5/10-10). The hearing shall be held no sooner than three nor later than five calendar days after receipt of the Recall Petition and objector's petition by the chairperson of the Local Elected Board. F. The Local Elected Board shall render a decision on each filed objection to a Recall Petition within seven calendar days after closing its initial hearing. If more than one separate Recall Petition is directed at the same Elected Official,each such Recall Petition shall be treated separately and independently.An Elector's signature appearing on more than one Recall Petition shall be valid as to each such separate Recall Petition. An Elector, however, may be counted only once as to any single Recall Petition. G. If the Local Elected Board determines that a Recall Petition is invalid or insufficient, it shall so certify. Such certification shall be a final order and shall be entered upon the records of the Village and no Recall Referendum shall be held, unless such determination is reversed by a final order of a Court of competent jurisdiction. H. If the Local Elected Board determines that a Recall Petition is valid and sufficient, it shall so certify.A Recall Petition that is determined to be valid and sufficient shall be certified by the Local Elected Board to the Village Clerk. Such certification shall be a final order and shall be entered on the records of the Village. I. If the Local Electoral Board determines that a Recall Petition is valid and sufficient, and not later than three calendar days thereafter, the chairperson of the Local Electoral Board shall request that the agenda for the next Village Board meeting include adoption of an ordinance authorizing that a binding Recall Referendum question be placed on the ballot for the next earliest Regular election (including a general election, general primary election, consolidated election and consolidated primary election regularly scheduled pursuant to Article 2A of the State Election Code(10 ILCS S/1-3, 10 ILCS 5/2A-1 et seq.)) permitted by law which is not less than sixty-five calendar days from the date of the ordinance. 2.70.100- Recall referenda. A. If a Recall Petition is filed, which is not deemed invalid by the Local Election Board,the Village Board shall adopt an ordinance authorizing that a binding Recall Referendum question be placed on the ballot for the next earliest Regular election (including a general election, general primary election, consolidated election and consolidated primary election regularly scheduled pursuant to Article 2A of the State Election Code(10 ILCS 5/1-3, 10 ILCS 5/2A-1 et seq.)) permitted by law which is not less than sixty-five calendar days from the date of the ordinance. B. Upon passage of the appropriate ordinance authorizing a binding Recall Referendum question to be placed on the ballot, and not later than three calendar days thereafter,the Village Clerk shall certify the referendum question to the County Clerk. C. A party aggrieved of the decision of the Local Electoral Board may seek judicial review in accordance with the State Election Code (10 ILCS 5/10-10.1). The pendency of a request for judicial review, however,shall not preclude or prevent compliance with subsections A and B of this Section. D. Notwithstanding the foregoing provisions of this Chapter, a Recall Referendum shall not be held if the Elected Official who is the subject of a Recall Petition resigns from office prior to the scheduled date of the Recall Referendum. 2.70.110- Filling vacancies created by recall. If a majority of votes cast shall be in favor of the recall of the named Elected Official, the office shall be declared vacant and the office shall then be filled in the manner provided by law for the filling of a vacancy. The Village Clerk shall certify the Recall Referendum proposition to the proper election officials as may be required by the election laws of the State of Illinois. 2.70.120- Defense of legal action related to recall. In the event an Elected Official being the subject of the recall takes legal action against the Village and/or its elected or appointed officials as a result of the recall, no Municipal funds shall be expended on behalf of the Elected Official who is the subject of the recall in prosecuting such legal action. Chapter 2.74 - DIGITAL DATA STANDARDS 2.74.010- Purpose. It is the goal of the Village to create, maintain, and/or refine existing GIS data,and the submission of such documents in an appropriate digital data format to facilitate ready reference and access to such documents to support sound decision making,to facilitate the production of such documents pursuant to M the Illinois Freedom of Information Act when not exempt from production,and to improve the foundation of the geographic information systems in which the Village participates. 2.74.020- Digital data submissions required. Any party submitting plans,drawings, plats,and/or surveys for the purpose of seeking any Village permit, permission,or approval shall be required to submit digital versions of such documents,and of all revisions and final forms thereof, if approved by the Village. 2.74.030-Ties to datum required. Digital documents shall be tied to the Illinois state plane coordinate system as defined by the North American datum of 1983 (NAD83), and mean sea level as defined by the North American vertical datum of 1988(NAVD88). At least two control points shall be clearly identified within each document. 2.74.050- Processing fee required for nondigital submissions. Any party who,for any reason, does not, cannot, or will not provide digital data submittals in accordance with the standards required by this Chapter shall be charged a document processing fee per document of two times the hourly rate for the Village staff member or consultant who digitizes said document(s)from nondigital source documents. The document processing fee required by this Section may be waived for a specific document or documents by the Village Manager,or their designee, but only in the event they find that there will be no significant public benefit provided to the Village by the conversion of such document(s) into an acceptable geospatial digital data format as otherwise required by this Section. 2.74.060- Preemption. The standards and requirements of this Chapter shall prevail, govern and control, notwithstanding any and all other provisions of this Code or any other Village ordinance to the contrary unless the Village Manager determines to do so would cause an undue hardship. EXHIBIT B VILLAGE OF BUFFALO GROVE MUNICIPAL CODE APPENDIX A APPENDIX A Table A-2 Offenses and Fines Minimum Minimum Fine/Fine aximum Fine-Must Chapter/Section itle/Offenses Paid Before ine* Appear at Hearing Hearing hapter 3.52 unicipal Commuter Station Parking ot Fees 3.52.020 Failure to Pay Daily Parking Fee— $25 $50 Metra Resident Parking Only Violation— 3.52.040 $25 $50 M et ra 3.52.055 Failure to P;ay Daily Parking Fee— ownship $25 $50 hapter 5.20 iquor Controls 5.20.190.A Icohol $150 nderage/possession/consumption 5.20.190.6. and C. Icohol sale,give, or deliver to nderage $250 1,000 first 2�000 each 5.20.192 ocial Hosting Responsibility iolation ubsequent iolation hapter 5.24 olicitors 5.24.020 oliciting without a permit $100 5.24.080 oliciting-Failure to leave when $100 requested 5.24.090 oliciting where posted "No Soliciting" $100 5.24.100 oliciting in violation of soliciting $100 hours/days hapter 5.32 obacco 5.32.090 ale/delivery of tobacco products to $125 person under 21 years of age Possession of tobacco products by $100 5.32.105 person under�21 years of age hapter 5.40 aurs of Operation Adjacent to esidential Areas 5.40.040 iolation of Hours of Operation $75 requirements hapter 6.12 are and Control 6.12.010 No Rabies Vaccination-1st Violation $50 6.12.010 No Rabies Vaccination-2nd Violation $75 6.12.010 o Rabies Vaccination-3rd Violation $100 6.12.020 No Dog or Cat License $100 6.12.060 Failure to Remove Excrement-1st $50 iolation 6.12.060 Failure to Remove Excrement-2nd $75 iolation 6.12.060 Failure to Remove Excrement-3rd $100 iolation 6.12.070 Dog or Cat at Large—ist Violation $50 6.12.070 Dog or Cat at Large-2nd Violation $75 6.12.070 Dog or Cat at Large-3rd Violation $100 6.12.080 Excessive Number of Animals-1st $50 iolation Excessive Number of Animals-2nd 6.12.080 iolation $�S 6.12.080 Excessive Number of Animals-3rd $100 iolation 6.12.090 Prohibited Animal-1st Violation $50 6.12.090 Prohibited Animal-2nd Violation $75 6.12.090 Prohibited Animal-3rd Viofation $100 6.12.120 Found to be potentially dangerous $75 nimal 6.12.150.D Excessive Dog Barking-1st Violation $50 6.12.150.D Excessive Dog Barking-2nd Violation $75 6.12.150.D Excessive Dog Barking-3rd Violation $100 hapter 8.20 efuse 8.20.020 Lack of required refuse service $50 8.20.030 Littering $100 8.20.070 arbage—Out Too Early $25 8.20.090 arbage—U nsecured $25 8.20.100 Illegal Dumping/Burning $50 hapter 8.24 uisances and Miscellaneous Health ws 8.24.020 tagnant water creating mosquito $50 nuisance 8.24.060 Pest infestation—Insects $50 8.24.070 Pest infestation—Rodents $50 8.24.110 Use Constituting Nuisance $50 hapter 8.32 eeds,Grass,Refuse and Junk 8.32.O10.A eeds in Excess of 12 Inches $50 8.32.010.B rass in Excess of 6 Inches $50 hapter 9.04 larm Systems 9.04.020 o Valid Alarm Permit $25 uffalo Grove Controlled Substances hapter 9.16 doption by reference of the Illinois annabis Regulation and Tax Act I CRTA) ICRTA 10-5 9.16.020. Possession of Cannabis (over 30 grams -For residents of the $150 $250 State of Illinois f cannabis flower) ICRTA 10-5, 10-10 possession of Adult Use Cannabis with 9.16.020.6-For residents of the State more than S00 milligrams of THC $150 $250 of Illinois ontained cannabis-infused product ICRTA 10-5, 10-10 9.16.020.0-For Possession of more than 5 grams of $150 $250 residents of the State annabis cancentrate of Illinois ICRTA 10-5, 10-10 9.16.020.D- For Possession of Adult Use Cannabis of $150 $250 residents of the State persons under 21 of Illinois ICRTA 10-5, 10-10 9.16.020.E-For Possession of Cannabis (over 15 grams $150 $250 nonresidents of the f cannabis flower) State of Illinois ICRTA 10-5, 10-10 possession of Adult Use Cannabis with 9.16.020.F- For nonresidents of the more than 250 milligrams of THC $150 $250 State of Illinois ontained in cannabis-infused product ICTRA 10-5, 10-10 9.16.020.G- For Possession of more than 2.5 grams of $150 $250 nonresidents of the annabis concentrate State of Illinois ICTRA 10-5, 10-10 9.16.020.H -For Possession of Adult Use Cannabis of $150 $250 nonresidents of the persons under 21 State of Illinois ICRTA 10-5, 10-10, Possession, consumption,use, 10-15 purchase, obtaining,transporting, or cultivating cannabis not otherwise in $150 $200 9.16.020.1 accordance with ICRTA ICRTA 10-5, 10-20 Use of false identification to obtain $150 $250 9.16.020.J annabis ICRTA 10-20, 10-35 ale,transferring and/or facilitation the 9.16.020.K se of Cannabis not in conformance $150 $250 ith ICRTA Undertaking tasks, possession, use, moking,operating, navigating or being ICRTA 10-35 in actual physical control of any motor $150 $250 9.16.020.L ehicle, aircraft or motorboat while sing cannabis in violation of the Illinois Vehicle Code ICRTA 10-35 Possession and/or consumption in a 9.16.020.M prohibited public place and/or $150 $250 therwise in violation of State statute hapter 9.17 rug Paraphernalia 9.17.020 Possession/'sale of drug paraphernalia $100 hapter 9.28 isorderly Conduct 9.28.010 Disorderly conduct $100 9.28.O10.0 Possession offireworks $150 9.28.025 Public Nuisance Assemblage/Social $100 H ost hapter 9.32 moking in Public Places Not less than 9.32.020 moking in Enclosed Public Place 150 1st iolation Not less than 9.32.030 moking in Place of Employment 150 ist iolation Not less than 9.32.040 moking in Open Air Dining Area 150 lst iolation Not less than 9.32.050 moking at Entrance 150 lst iolation hapter 9.38 oise 9.38.020 Noise Prohibited $75 9.38.030 Noise within� a multifamily structure $100 9.38.037 onstruction regulations—Hours of ork(Property owners) $100 9.38.037 onstruction regulations—Hours of $750 ork(Contractors or other non- property owners) hapter 9.48 respass and Damage to Property 9.48.020 respass $150 9.48.030.A. Damage to Uillage Property $150 9.48.040 raffiti $150 hapter 9.52 heft 9.52.020 heft $200 9.52.020 etail theft $250 hapter 9.68 urfew 9.68.010 u rfew $100 hapter 9.70 ruancy 9.70.010 ruancy $100 hapter 9.80 eapons 9.80.010 ir rifle/BB gun/Gun discharge $100 hapter 10.08 now 10.08.010 Parking—After 2-inch Snow $25 $50 10.08.020 Dumping Snow in Street $25 $50 hapter 10.16, uffalo Grove Vehicle and Traffic ection 10.16.010 ode.Adoption by Reference of the Ilinois Vehicle Code(IVC) 5/3-401 No valid registration $50 $75 5/3-413(a) No front/rear registration plate $50 $75 S/3-413(b) Improper display of license plate $50 $75 5/3-413(f) peration of vehicle w/expired $50 $75 registration 5/3-413(g) Use of license plate cover $50 $75 5/3-701 �noperable odometer under mileage plates $50 $75 5/1-100 et seq. Miscellaneous Traffic Code Violations $50 $75 S/i1-1003(a) ay Walking $25 $50 S/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 S/i1-1303.(a).2.c. Parked Within 20 feet of Crosswalk $25 $50 Parked Within 30 feet of Traffic Control 5/11-1303.(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 $SO 5/11-1304.a. Parking over 12 inches from Curb $25 $50 5/11-1304.a. Parking—Left Wheels to Curb $25 $50 Parking of Vehicle With Expired 5/11-1304.5 Registration $25 $SO 5/6-112 Driver's license not on person $50 $75 5/6-116 Failure to notify Secretary of State— hange of address $50 $75 5/12-713 Improperly marked vehicles— ontractor $50 $75 5/12-101 Unsafe equipment $50 $75 5/12-201(a) riving motorcycle w/out lighted $50 $75 headlight 5/12-201(b) Driving w/out lights when required $50 $75 5/12-201(b) nly one taillight $50 $75 5/12-201(c) No rear license plate light $50 $75 5/12-204 Improper lamp or flag on projected $50 $75 load 5/12-207 �mproper use of spot lamp/aux driving $50 $75 lamps 5/12-208 No stop lights $50 $75 5/12-209(c) Defective back-up lights $50 $75 5/12-210 Failure to dim headlights $50 $75 5/12-211 nly 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 $SO $75 5/12-503(a) Illegally Tinted Windows $50 $75 5/12-503(c) bstructed windshield $50 $75 5/12-503(d) bstructed windows—Snow, ice, $50 $75 moisture 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 Wear Properly Adjusted Seat $50 $75 Belt 5/12-608 No bumper or unlawful bumper $50 $75 height 5/12-610.2 Use of Mobile Telephones $50 S/12-611 Illegal operation of sound mplification-75' $50 $75 5/12-702 No flags,flares,warning devices arried $50 $75 5/12-710 Inadequate or no splash guards (mud laps) $50 $75 itle 10,Chapter BG- owing BG-4-101.E.1. bandoned vehicle over 7 days $25 $50 itle 10,Chapter BG- ules of the Road 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. Parking in Posted Fire Lane $25 $50 BG-11-1308.1. Parking on Street 2 am to 6 am $25 $50 BG-11-1311 elling Vehicle on Street $25 $SO hapter 12.20 rees,Shrubs,and Other Plants 12.20.070 rees/vegetation obstructing public $100 idewalks rees/vegetation creating visual 12.20.080 bstructing $100 hapter 13.04 aterworks and Sewerage System 13.04.090 Unauthoriz�ed use—Fire Hydrant $1000 hapter 13.05 ater System Cross-connection ontrol Inspection and maintenance—15t 13.05.110.A.2. $150 iolation Inspection and maintenance-2nd 13.05.110.A.2. iolation $200 Inspection and maintenance—3'a 13.05.110.A.2. iolation $250 hapter 13.16 ater Conservation 13.16.020 prinkling Ban Violation (12:00-6:00 $100 p.m.) itle 14 ign Code 14.12.010 igns Installed without a Permit $50 14.32.060 igns Placed in the Public Right-of- $50 ay hapter 15.04, nte�national Building Code.Adoption ection 15.04.010 Y Reference of the International uilding Code(IBC) IBC 105.1 Failure to secure required permit (Commercial) $200 nternational Residential Code One- hapter 15.05, nd Two-Family Dwellings.Adoption ection 15.05.010 Y Reference of the International esidential Code One-and Two-Family wellings(IRC) IRC 105.1 Failure to secure required permit $50 (Residential) roperty Maintenance Code.Adoption hapter 15.06, y Reference of the International ection 15.06.010 roperty Maintenance Code(IPMC) IPMC 302.8, as Parking on r�on-approved $50 amended urface/grass/lawn IPMC 302.8, as Unlicensed vehicle $100 amended IPMC 302.8, as amended ehicle in a state of disrepair $75 IPMC 304 Property in disrepair $75 IPMC 307 unk/Garbage/Debris on property $75 hapter 15.12 lumbing Code 15.12.030 Downspout and sump pump $�S ischarges hapter 15.20 ence Code 15.20.100 Fence in Disrepair $100 hapter 15.36 esidential Rental Housing Program 15.36.040 Renting property without a license $100 15.36.060 Failure to schedule/allow rental inspection $100 hapter 17.12 efinitions 17.12.230 Use or occupancy of a One-Family $25 Dwelling by more than one family Chapter 17.28 pecial Uses 17.28.080 dult Use Cannabis Business 750/day rganizations ultivation,craft growing, infusing nd/or transporting adult use cannabis 17.28.080 in violation of the Cannabis Regulation 750/day nd Tax Act. ICRTA 15 et seq. perating a cannabis dispensary in 17.28.080 iolation of ICRTA $100 $250 hapter 17.36 riveways and Off-Street Parking and oading Facilities 17.36.030 Improper Recreational Vehicle Parking $50 17.36.030 �mproper parking of a commercial $25 ehicle/Residential District 17.36.030 versized Vehicle $25 17.36.030 Improperly maintained parking lots $50 17.36.030 Improperly marked accessible parking $50 paces * 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.