2024-01-02 - Ordinance 2024-004 - AMENDING THE VILLAGE OF BUFFALO GROVE’S CODE OF ORDINANCES (Add Chapter 10.25) ORDINANCE NO.2024-004
I AN ORDINANCE AMENDING THE VILLAGE OF BUFFALO GROVE'S CODE OF ORDINANCES i
I �
WHEREAS,the Village of Buffalo Grove, ("Village") as a home rule unit of local government as
provided by Article VII,Section 6 of the Illinois Constitution of 1970, has the authority to exercise any
power and perform any function pertaining to its government and affairs except as limited by Article VII,
Section 6 of the Illinois Constitution of 1970; and
WHEREAS,the corporate authorities of the Village find and determine that dropping off
passengers from a bus or other transportation provider within the Village without prior provisions being
made for the proper housing and care of such individuals is inhumane,creates a dangerous condition for
the persons being dropped off,and threatens public safety;and
WHEREAS,the corporate authorities of the Village find and determine that dropping off
passengers from a bus or other transportation provider within the Village without prior provisions being
made for their proper housing and care can have deadly consequences when the weather conditions are
adverse;and �
WHEREAS,the corporate authorities af the Village find and determine that the health and
safety is jeopardized when individuals are being dropped off within the Village without prior provisions
being made for their proper housing and care; and
WHEREAS,the corporate authorities of the Village find and determine that the health,welfare
and safety of the Village, its residents, and others coming to the Village are jeopardized when individuals
are being dropped off within the Village without prior provisions being made for their proper housing
and care;and
WHEREAS,the corporate authorities of the Village find and determine that the Village's best
interests and the public health,welfare of the Village require that the unscheduled dropping off of
individuals within the Village from buses or other transportation providers shall be regulated; and
NOW,THEREFORE,BE IT ORDAINED,by the President and Board of Trustees of the Village of
Buffalo Grove,Cook and Lake Counties, Illinois,as follows:
SECTION 1: The Village Board hereby finds that the recitals contained in the preambles are true and
correct and incorporates them into this Ordinance by this reference.
SECTION 2: The Village Board finds and determines that the adoption of this Ordinance is in the best
interest of the Village as well as in the public interest.
SECTION 3: Title 10—Vehicles and Traffic of the Village Code of the Village of Buffalo Grove, Illinois, is
hereby amended by adding a new Chapter 10.25 to read in its entirety as follows:
Chapter 10.25 REGULATION OF UNSCHEDULED BUS STOPS
A. Definitions.The terms used in this Chapter shall be defined as follows:
"Application"shall mean a request for approval to make a bus stop in the Village of Buffalo Grove on a form to
be provided by the Chief of Police of the Village's Police Department that meets all the requirements of this
Chapter.
"Approval"means a written notice signed by the Chief of Police of the Village's Police Department which
approves an Application submitted in conformance with this Chapter.
"Bus"means any type of motor vehicle that is designed to carry,or is actually carrying,more than 10
individuals.For the purposes of this Chapter,Bus shall not include a bus operated by a School District,Park District
or unit of local government created pursuant to the Illinois Compiled Statutes,which is transporting passengers to
locations and/or events in the Village.
"ChieY'means the Chief of Police of the Village's Police Department or his/her designee.
"Regularly Scheduled Service"means bus service that operates trips involving the dropping off of passengers
in the Village on a predictable and recurring basis,following a schedule that is published in advance and available
to the general public,and provides service in exchange for paying a fare. �
"Unscheduled Bus Stop"means any location in the Village of Buffalo Grove where individuals are dropped off I
by a Bus that originated from a location outside of Cook or Lake County,Illinois that is not providing regularly
scheduled service and not operating pursuant to the written approval of the Police Chief pursuant to this Chapter.
B. No Unscheduled Bus Stops.It shall be a violation of this Ordinance for the owner,operator,or driver of any
Bus to make an Unscheduled Bus Stop for the purpose of dropping off passengers in the Village of Buffalo
Grove.
C. Application.The owner,operator,or driver of any Bus that is not providing Regularly Scheduled Service that
desires to make a Bus stop to drop off passengers in the Village of Buffalo Grove shall file an Application with
the Chief using a form to be prepared by the Chief.The completed Application and all required information
shall be submitted to the Chief at least five(5)calendar days prior to the date of the proposed drop-off date.
The Application shall include and provide the following information:
1. The full name,full address,and telephone numbers of the Owner,Operator,and Driver of the Bus.The
mobile phone number of the driver of the Bus shall also be provided.
2. The full name,full address,mobile and land-line telephone numbers of the entity or individuals that has
either directed,paid for,or financed the transport of persons to be dropped off in the Village of Buffalo
' Grove by the Bus.
3. The full name of all ersons that are ro osed to be dro ed-off in the Villa e of Buffalo Grove alon with
p p p PP g g
copies of ID's for said person to the extent such ID's exist or are in the possession of the passengers.
4. The name,address,or location in the Village of Buffalo Grove at which the Bus proposes to drop off
passengers.
5. The date and time at which the Bus passengers will be dropped off in the Village of Buffalo Grove which
shall be from 6:00 a.m.to 3:00 p.m.on a Monday through Friday,excluding any holidays.
6. The name and address of all locations from which the passengers are being picked-up for transport to the
Village of Buffalo Grove.
7. The full name,full address,mobile and land-line telephone numbers of all entities or individuals that shall
be present in the Village of Buffalo Grove to meet the Bus and receive the passengers when they are
dropped off.
I
8. A detailed plan identifying how the individuals being dropped off will be cared for,housed,and fed,either
temporarily or permanently,upon being dropped off in the Village of Buffalo Grove.The plan shall include
the full names,full addresses,and landline and mobile telephone numbers of all persons that will be
present at the date and time of the drop-off and responsible for the care,housing and feeding of the
passengers.The plan shall be signed by the entity that agrees to be responsible for the care of the
individuals and at least one additional individual that will be present to receive the passengers and
responsible for their care.The entity and the individual that will present to receive the passengers and be
responsible for their care shall each by their signature certify that they will be responsible for providing
the actions detailed in the plan.
D. Application Approval. Upon receipt of an Application pursuant to this Chapter,the Police Chief shall review
same and undertake a review of the information contained in the Application to verify its truth and
authenticity.If the Application is not complete,the Police Chief shall,in writing,advise the Applicant of the
additional items needed to complete the Application.If within four(4)calendar days after receiving a
completed Application,the Police Chief,provided he/she has not received any information that the
Application is false or untrue in any manner,shall inform the Applicant that the Application is approved or not
approved for the stated location.The Police Chief shall further provide a telephone number to the Applicant
or driver to coordinate the arrival of the bus in the Village of Buffalo Grove.
E. Police Chief Authority.The Chief of Police is hereby authorized to promulgate rules pertaining to the �
administration of this ordinance as needed to maintain the public health and welfare.All promulgated rules
shall be published and available in pamphlet form to any applicant.
F. Violations.It shall be a violation of this Chapter for any individual or entity to violate any of the terms of this
Chapter and/or engage in the following actions:
1. The submission of an Application that is false or untrue in any manner.
2. The failure of any entity or individual that is responsible for the care,housing,or feeding of any
passengers dropped-off in the Village of Buffalo Grove to implement or perform the detailed plan
pursuant to the terms of an approved Application.
3. Making an Unscheduled Bus Stop in the Village of Buffalo Grove.
4. Initiating any Bus transportation to the Village of Buffalo Grove requires the approval of the Bus stop
location without submitting an Application or failing to obtain approval of an Application as required by
this Chapter.
G. Penalties.Any person found guilty of violating,disobeying,omitting,neglecting,or refusing to comply with,or
resisting or opposing the enforcement of,any of the provisions of this Chapter,upon conviction thereof,shall
be punishable by a fine of not less than Three Hundred Dollars($300.00)nor more than One Thousand Dollars
($1,000.00)for each offense.A separate and distinct offense shall be regarded as committed each day upon
which said person shall continue any such violation or permit any such violation to exist after notification
thereof.The Village at its discretion may enforce this Chapter by:(1)a quasi-criminal action seeking the
payment of a monetary penalty adjudicated under the Village's Administrative Adjudication system;or(2)an
action seeking monetary and injunctive relief filed in the Circuit Court of Cook County or any other Court
having jurisdiction over the violator.
H. Seizure and Impoundment of Bus.Whenever a police officer has reason to believe that a violation of this
Chapter has occurred,the Bus is subject to seizure and impoundment in addition to any other monetary
penalty or other remedy that may be pursued.The police officer shall,in the exercise of discretion,provide for
the towing of the Bus to a facility approved by the Village Police Department.
Upon the towing of a Bus,the police officer shall notify or make a reasonable attempt to notify the owner of
record,lessee,person claiming to be the owner or lessee,or any person who is found to be in control of the
I
vehicle at the time of the alleged violation of the fact of the seizure and of the vehicle owner's right to request
an administrative hearing.
I. Administrative Tow Hearing.Within five(S)business days after a Bus is seized and impounded,the Village
shall notify,by personal service,first class mail,or certified mail,the owner of record,lessee,and any
lienholder of recorder of the owner's right to request a hearing to determine whether a violation of this ,
Chapter actually occurred.The name and address of the person to whom a vehicle is registered as shown on
the records of the State in which the vehicle is registered shall be conclusive evidence of the name and
address of the owner of record of the vehicle,unless the owner of record gave the Village actual written
notice of a different name or address.
In order to obtain a hearing,the owner of record must file a written request for a hearing with the Village
Clerk or the Police Department no later than ten(10)business days after the date the notice was mailed.The
hearing date must be scheduled for a date that is no more than fifteen(15)business days after a request for a
hearing has been filed.The person requesting the hearing shall be given at least five(S)business days'notice
of the date of the hearing.
The hearing shall be conducted by a hearing o�cer appointed in accordance with this Code's Administrative i
Hearing Procedures.The owner of the Bus shall have the right to be represented by an attorney;the right to
notice of the charges causing the seizure and.impoundment of the Bus;the right to present witness and
documentary evidence;and the right to cross-examine all witnesses.
If,after the hearing,the hearing officer determines,by a preponderance of evidence,that a violation of this
Chapter has occurred involving the seized and impounded Bus,then the hearing officer shall enter an order
finding the owner of record of the vehicle liable to the Village for the administrative fees of seven hundred
and fifty dollars($750.00),which shall be in addition to any other penalties,fines and remedy sought:If,after
a hearing,the hearing officer does not determine,by a preponderance of the evidence,t�iat the vehicle was
used in violation of this Chapter,the hearing officer shall enter an order finding for the owner and ordering
the return of the vehicle.
If the owner of record fails to request a hearing on the seizure and impoundment of the Bus in a timely
manner or fails to appear at the hearing,the owner of record shall be deemed to have waived the owner's
right to a hearing,and the hearing officer may enter a default order in favor of the Village in the amount of the
administrative fees.However,if the owner of record pays such penalty and the vehicle is returned to the
owner,no default order need be entered if the owner is informed of his or her right to a hearing and signs a
written waiver,in which case,an order of liability shall be deemed to have been made when the Village
receives the written waiver.
J. Requirements for Recovery of a Seized and Impounded Bus.A vehicle impounded pursuant to this Chapter
shall remain impounded until:
1. The administrative fees of seven hundred and fifty dollars($750.00)is paid to the Village and all
applicable towing fees are paid to the towing agent,in which case,the owner of record shall be given
possession of the Bus;or
2. The Bus is deemed abandoned,in which case,it shall be disposed of in the manner provided by law for
the disposition of abandoned vehicles.
K. Posting Fee.If an administrative fee in the amount of seven hundred fifty dollars($750.00)is posted with the
Police Department,the impounded Bus shall be released to the owner of record,and the owner of the Bus
shall still be liable to the towing agent for any applicable towing fees.
If,after an Administrative Hearing on the seizure and impoundment of the Bus,it is determined that the Bus
was used in violation of this Chapter the posted fee shall be forfeited to the Village;however,if a violation of
this Chapter is not proven by a preponderance of the evidence,the fee will be returned to the person posting !
the bond,and all towing fees shall be waived.
All money posted pursuant to this chapter shall be held by the Village until the hearing officer issues a decision
or,if there is a judicial review, until a final order is entered in the judicial proceeding in which review is sought.
L. Disposition of an Unclaimed Bus.Any Bus that is not reclaimed or subject to judicial review within thirty-five
(35)days after the administrative hearing officer issues a final written decision shall be deemed abandoned
and disposed of as an unclaimed vehicle as provided by law.
SECTION 4: Any non-preemptive state statute in conflict hereof with this Ordinance is hereby
superseded to the full extent of such conflict pursuant to the exercise of the Home Rule Powers of the
Village.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,approval and
publication in pamphlet form as required by law. i
AYES: 6—Johnson,Cesario,Ottenheimer,Stein, Bocek,Weidenfeld
NAYES: 0-None
ABSENT: 0-None
PASSED: January 2,2024
APPROVED: January 2,2024
PUBLISHED: January 3,2024
ATTEST: APPROVE •
- �.�6�,�ti�oxx�.�.y� ,
Janet . ' abian,Village Clerk Eric N.Smit , ' la e President
�
�24��1�N����JY.I/�j'/f
1`�'ti���j��` " -L't✓'��s'<
�''V ' ! V V ` V�
.�,...`.�'�U�ti�v tin.:�_�
�`-�' ��._.j :G.�
�`✓:_ �"'� �'� ' �c`
� �� � � �: �
�.� �" y' ��i\\
��, �f s\
�ISJ y� E,A !
1���:,:;�.t�.;"t-'`.
I