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HomeMy WebLinkAboutOrd 6715 01/09/2024 Amending Chapter 18 Of The Mount Prospect Village Code In Regard To Unscheduled Disembarkment By Hired Or Chartered TransportationORDINANCE NO. 6715 AN ORDINANCE AMENDING CHAPTER 18 OF THE MOUNT PROSPECT VILLAGE CODE IN REGARD TO UNSCHEDULED DISEMBARKMENT BY HIRED OR CHARTERED TRANSPORTATION WHEREAS, the Village of Mount Prospect, Illinois (the "Village") is a home rule municipality, having all of the powers and authority granted to such municipalities pursuant to Article VII, Section 6 of the Illinois Constitution of 1970, including the right to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the unloading of passengers en masse without a coordinated plan that includes shelter, food and water, and similar life safety resources, poses a significant threat to the health, safety, and welfare of said passengers, especially during inclement or severe weather conditions; and WHEREAS, time is of the essence due to the incoming inclement weather within the Chicagoland area and the immediate increase in unscheduled disembarkments or "drop offs" of migrants or other passengers occurring throughout the Cook County Northwest Suburbs; and WHEREAS, hired transportation, including bus charters, provide a vital transportation service to the public and are entrusted with the care and wellbeing of their passengers, including children; therefore, unscrupulous transportation companies pose a significant threat to the health and safety and of their passengers; and WHEREAS, the unscheduled disembarkment of passengers from buses or other coordinated hired transportation within the Village municipal boundaries results in added strain on first responders including Police, Fire, and Human Services departments required to tend to the immediate care and wellbeing of these passengers; and WHEREAS, the President and Board of Trustees of the Village find that it is in the best interest of the Village, passengers of hired or chartered transportation disembarking in the Village, and Village residents, to amend the Village Code to provide for health and safety regulations related to unscheduled disembarkments or passenger drop offs within the Village; NOW, THEREFORE, BE IT ORDAINED by the Village President and Board of Trustees of the Village of Mount Prospect, Illinois, in the exercise of its home rule powers, as follows: SECTION ONE: The foregoing recitals shall be and are hereby incorporated as findings of fact as if said recitals were fully set forth herein. SECTION TWO: 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 THREE: Chapter 18 of the Village Code of the Village of Mount Prospect, Illinois [Traffic], Article XIV Miscellaneous Laws, is hereby amended as follows with the following addition. Section 18.1429 REGULATION OF UNSCHEDULED STOPS A. DEFINITIONS. The definitions for terms are applicable to this section: Hired or Chartered Transportation: Services wherein a motor vehicle is engaged by a person or entity for specific private transportation purposes, not including services that are part of regular or publicly available transportation routes or schedules. Hired or Chartered Transportation does not include courtesy shuttles transporting customers or guests to or from a fixed location as an incidental service provided by a business such as a hotel, shuttles with scheduled transport of customers from schools or daycares, and transportation provided by schools, park districts, churches or other non-profit organizations, or other shuttles with scheduled drop-offs of Village residents or residents of neighboring communities. B. Applicability. Regulations within this section shall apply to motor vehicles operating as hired or chartered transportation when: 1. The vehicle(s) is engaged in a privately hired or chartered service; 2. The service includes the disembarkation of ten (10) or more passengers within the village who will not reboard; and 3. The service does not include arrangements for round-trip transportation for the majority of passengers. C. No Unscheduled Drop Off. It shall be a violation of this ordinance for the owner, operator, or driver of any motor vehicle engaged in a hired or chartered transportation service, to make an unscheduled disembarkment or drop off in the manner outlined in Section 18.1429 B. without application approval from the Village of Mount Prospect. D. Application. The owner, operator, or driver of any hired or chartered transportation motor vehicle that desires to make an unscheduled stop for the purposes of dropping off passengers as identified in Section 18.1429 (A) shall file an application with the Chief of Police. The completed application shall contain all required information set forth in subsection (1) below and shall be submitted to the Police Chief at least five (5) calendar days prior to the date of the proposed disembarking date. 1. Upon request by the person(s) or agency hired or chartered to provide transportation, the village's Chief of Police shall prepare an application form which shall, at a minimum, require an applicant to provide the following information: a. The full name, full address, and telephone numbers of the owner, operator, and driver of the motor vehicle. The mobile phone number of the driver of the motor vehicle shall also be provided. b. A copy of the valid driver's license of the driver of the vehicle and a copy of a valid insurance policy that covers the driver. c. The full name, full address, mobile and land -line telephone numbers of the entity or individuals that have either directed, paid for, or financed the transport of persons who will disembark in the village. d. The full name of all persons that are proposed to disembark in the village along with copies of identification for said person to the extent such identification exist or are in the possession of the passengers. e. The name, address, or location in the village where the applicant proposes to allow passengers to disembark. i. Disembarkments located on private property shall include proof of written permission by the property owner that the stated disembarkment may occur on the day and time noted. Such proof shall include the property owners name, title, and contact information including email address and telephone number. ii. Under no circumstances shall disembarkments occur in public right-of-way, on any street in the village. Any location selected for disembarkment shall be accommodating to the size and maneuverability of the motor vehicle. iii. Disembarkment shall not impede regular traffic or create other public safety hazards. Any violation of subsections i, ii, or iii above shall constitute a violation of this ordinance. f. The date and time at which the applicant's passengers will disembark in the village shall be clearly indicated on the application. Passenger drop off times are from 8:00 a.m. to 4:00 p.m. Monday through Friday, excluding any federal, state, or village holidays; disembarkments requested or occurring outside of this time frame are non-compliant with this ordinance. g. The name and address of all locations from which the passengers are being picked -up for transport to the village. h. The full name, full address, mobile and land -line telephone numbers, and email addresses of all entities or individuals that shall be present to meet and receive the passengers disembarking in the village. i. A detailed plan identifying how the disembarking passengers will be cared for, housed, and fed, upon disembarking in the village. The plan shall be signed by the entity that agrees to be responsible for providing the actions detailed in the plan. j. Any additional information the Chief of Police may require provided that such information is related to the purposes of this section. 2. The person submitting an application shall swear or affirm that to the best of their knowledge and belief the information set forth in such application is true and correct, and such oath or affirmation shall be attested to by a person authorized to administer oaths or witness affirmations within the state or territory where the application is sworn to or affirmed. E. Application Review. Upon receipt of an application pursuant to this section, the Chief of Police shall review same and undertake a review of the information contained in the application to verify its truth and authenticity. 1. If the application is not complete, the Chief of Police shall, in writing, advise the applicant of the additional items needed to complete the application. Within four (4) calendar days after receiving a completed application, the Chief of Police shall inform the applicant that the application is approved for the stated location, unless the Chief of Police has received bona fide information that the application contains materially false information or is otherwise non-compliant with the regulations within Section 18.1429. 2. Upon approval of an application, the Chief of Police shall provide the applicant, or a person designated thereby, with a telephone number to coordinate the arrival of the motor vehicle in the village. 3. If the Chief of Police denies an application made under this section, the Chief of Police shall reduce the findings to writing and transmit the same to the applicant within five (5) calendar days. The applicant may submit a new application to meet the requirements of this chapter. F. Application Denial. The Chief of Police shall not approve an application for any person who: 1. Has supplied materially false or misleading information in connection with an application under this section. 2. Has failed to provide a plan to ensure the care, housing, transportation, or feeding of any passengers disembarking in the village or otherwise failed to implement or perform the detailed plan pursuant to the terms of an approved application. 3. Has failed to provide a complete application pursuant to section 18.1429 (D) above or has failed to provide a complete application within the requested time frame. G. Violation and 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, is considered a violation of this ordinance and shall be punishable by a fine of not less than seven hundred and fifty dollars ($750). 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 Motor Vehicles in Violation. Whenever a police officer has reason to believe that a violation of this Chapter has occurred, the motor vehicle is subject to seizure and impoundment in addition to any other monetary penalty or other remedy that may be pursued. The Village of Mount Prospect code of ordinances in Chapter 18, Article XVIII "Abandoned, Lost, Stolen, or Unclaimed Vehicles", including but not limited to Sections 18.1804 "Reports on Towed Vehicles", 18.1805 "Record Searches", 18.1813 "Vehicle Seizure and Impoundment", shall apply to any motor vehicle seizure or impoundment associated with this section. I. Other Applicable Regulations. Nothing in this section shall nullify any other applicable sections of the Village Code including but not limited to Section 18.1419 "Operation of Motor Vehicles, Duration; Exceptions" and 18.1425 "Failure to Display Name, Address and Permit Number on Second Division Vehicle". J. 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. APPENDIX A, DIVISION II FEE, RATES AND TAXES Amendment to Chapter 18, Traffic Section 18,1813: VEHICLE SEIZURE AND IMPOUNDMENT B. Cash Bond: $150 plus fees for towing any vehicle other than transportation impounded pursuant to Section 18.1429. For motor vehicles including but not limited to charter buses in violation of Section 18.1429; Cash Bond: $750 plus fees for towing. SECTION FOUR: Severability If any section, paragraph, clause or provision of this Ordinance is held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. SECTION FIVE: Repealer. Any policy, resolution or ordinance of the Village that conflicts with the provisions of this Ordinance shall be and is hereby repealed to the extent of such conflict. SECTION SIX: Conflicts. In the event of a conflict with regulations set forth elsewhere within the Village Code of Ordinances for the Village of Mount Prospect, the provisions of this article shall control in all matter involving hired or chartered transportation. SECTION SEVEN: Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Dante, Filippone, Gens, Grossi, Matuszak, Saccotelli NAYS: None ABSENT: None ADOPTED this 9th day of January, 2024 Paul Wm. Hoefert Mayor ATTEST: Karen M. Agoran Village Clerk