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HomeMy WebLinkAboutCOW Agenda Packet 09/14/2004 COMMITTEE OF THE WHOLE AGENDA Meeting Location: Mount Prospect Village Hall 50 South Emerson Street Meeting Date and Time: Tuesday, September 14, 2004 7:00 p.m. I. CALL TO ORDER. ROLL CALL Mayor Gerald L. Farley Trustee Timothy Corcoran Trustee Michaele Skowron Trustee Paul Hoefert Trustee Irvana Wilks Trustee Richard Lohrstorfer Trustee Michael Zadel II. ACCEPTANCE OF MINUTES OF AUGUST 10, 2004 - DEFERRMENT REQUESTED III. CITIZENS TO BE HEARD IV. CHARITABLE FOUNDATION. UPDATE Earlier this year, the Village Board considered the creation of a Charitable Foundation under the auspices of the Village that would allow donations of money and in-kind gifts to support events sponsored by the Special Events Commission; i.e., "Celestial Celebration" and Sister Cities Commission; i.e., "Thanksgiving in October." The status of the Foundation as a 501 (c)(3) not-for-profit entity would make such contributions tax deductible to the extent allowed by IRS regulation. The Village Board approved the concept and directed staff to draft appropriate legal documents that would provide for a narrowly focused Foundation. After struggling for several months to come up with a Foundation format that could be tightly controlled, Village legal counsel began researching the tax deductible status of donations made directly to the Village. The attached Legal Opinion from Counsel George Wagner, a colleague of Village Attorney Everette Hill, indicates that "donations to a government body are, in fact, tax deductible if made for exclusively public purposes." Given this development, it would appear that the creation of a Foundation is largely unnecessary. This simplified approach is much more desirable given the complexities of creating, operating and maintaining a 501 (c)(3) charitable foundation. Mr. Wagner's Legal Opinion points out some areas that the Village needs to be vigilant about. Staff feels comfortable that concerns can be addressed through appropriate training of Commission members and the financial controls already in place with the Village. As Mr. Wagner notes, the Special Events Commission is currently the only group that is specifically chartered with the power to solicit donations. Given their "missions," the Sister Cities Commission and, to a lesser extent, the Community Relations Commission charters might need to be amended to grant said power. Staff would like to discuss this changed direction with Board members. Appropriate staff will be on hand to answer questions and facilitate discussion. NOTE: ANY INDIVIDUAL WHO WOULD LIKE TO A TTEND THIS MEETING BUT BECAUSE OF A DISABILITY NEEDS SOME ACCOMMODA TION TO PARTICIPA TE, SHOULD CONTACT THE VILLAGE MANAGER'S OFFICE A T 50 SOUTH EMERSON, MOUNT PROSPECT, ILLINOIS 60056, 847/392-6000, EXTENSION 5327, TDD #847/392-6064. V. MISCELLANEOUS PROPOSED VILLAGE CODE AMENDMENTS Over the course of the year, a series of circumstances and/or requests regarding changes to the Village's Municipal Code have come forward. At this time, staff would like to present for consideration three different Amendments that have considerable merit: A. Military Service Exemption for Vehicle Stickers With the ongoing wars in Iraq and Afghanistan, numerous Mount Prospect men and women have been called into active duty in our military. The Village Code currently provides an exemption from purchasing a Village vehicle sticker for the registered owner of a vehicle on active U.S. military duty stationed outside of Illinois. That exemption, however, carries with it two requirements that have proved difficult for some active duty citizens to meet. Those conditions include: a) that the owner is in actual possession of the vehicle while stationed outside of Illinois or b) the vehicle is in full-time storage. The proposed Amendment would delete the twöconditions. Staff would seek direction as to whether an Amendment is acceptable to Village Board members. B. Modifications to Motorized Scooter Ban In 2003, the Village Board adopted rules and regulations prohibiting the use of motorized scooters within Village rights-of-way and other public places. In general, a motorized scooter is a device that is propelled by gas or electric means and is not legally registered with the State of Illinois. The prohibition, as currently worded in the Code, prohibits the use of Segway devices on public ways. In recent months, a new type of "motorized scooter" has come on to the market and is commonly known as a "pocket bike." These "pocket bikes" resemble full-size racing style motorcycles on a much smaller scale, often no taller than about 18". These "pocket bikes" also have the capability of reaching speeds of 30-40 miles an hour. Combining speed with their low profile, they are particularly troublesome from a safety standpoint. Additionally, the use of the "Segway" continues to evolve and broaden. A Segway franchise recently opened in one of the near western suburbs and signals the advent of greater general use of such devices. Given their much more sophisticated status and cost, it is unlikely that segways will become toys for unlicensed drivers. The attached draft Ordinance would seek to accomplish two things: 1) Seek to ban the use of "pocket bikes" on public ways and 2) legalize the use of Segways. Staff would seek direction from the Village Board regarding support for these Amendments. C. Modifications to Danqerous Animal Requlations Since 1999, there have been 120 reported incidents of dogs biting people. While the number of bites per year has remained fairly constant, there have been suggestions that the Village strengthen its Dangerous Animal Regulations. Recently, the City of Des Plaines adopted a more robust Ordinance and same is presented here as modified for use in Mount Prospect. The main addition is an expanded definition of "dangerous animal" and the defining of what actions trigger the designation of an animal as "dangerous or vicious." The Ordinance would also provide for warning signage to be posted at the home as well as a prohibition from walking such a designated animal in the public way. VI. VII. VIII. Staff presents the proposed Ordinance for discussion. Appropriate staff will be on hand to answer questions and facilitate discussion. VILLAGE MANAGER'S REPORT ANY OTHER BUSINESS ADJOURNMENT fI ..,. LAW OFFICES RINDA Y. ALLISON TERRENCE M. BARNICLE JAMES P. BARTLEY THOMAS P. BAYER JENNIFER C. CHAVEZ GERARD E. DEMPSEY MICHAEL J. DUGGAN JAMES V. FEROLO E. KENNETH FRIKER ROBERT R. HALL, JR. KATHLEEN T. HENN EVERETTE M. HILL, JR. MICHAEL T. JURUSIK JACOB H. KARACA PATRICK A. LUCANSKY KLEIN, THORPE AND JENKINS, LTD. SUITE 1660 20 NORTH WACKER DRIVE CHICAGO, ILLINOIS 60606-2903 ORLAND PARK OFFICE 15010 S. RAVINIA AVE., SUITE 17 ORLAND PARK, IL 60462-3162 TELEPHONE 17081 349-3888 FACSIMILE (708) 349-1506 LANCE C. MALINA MICHAEL A. MARRS THOMAS M. MELODY JANET N. PETSCHE DONALD E. RENNER, III SCOTT F. UHLER GEORGE A. WAGNER ALLEN WALL DENNIS G. WALSH JAMES G. WARGO BRUCE A. ZOLNA TELEPHONE (312) 984-6400 FACSIMILE (312) 984-6444 FACSIMILE [312) 606-7077 OF COUNSEL JAMES A. RHODES RICHARD T. WIMMER WRITER'S DJRECT DIAL WRITER'S E-MAIL (312) 984-6468 gawagner@ktinetcom August 31, 2004 Mr. Michael Janonis Village of Mount Prospect 50 South Emerson Street Mount Prospect, IL 60056 Re: Tax deductibility of donations solicited by, and used by, the Village of Mount Prospect's Sister Cities' Commission, Special Events Committee. and Community Relations Commission Dear Mike: We were asked to draft bylaws for a Section 501 (c)(3) organization, to be known as the Mount Prospect Foundation. It was proposed that the Foundation would receive funds obtained or solicited by the Sister Cities' Commission, the Special Events Committee and the Community Relations Commission (the "Commissions"), and ultimately disburse those funds back to the originating Commission, so long as they would be used for a purpose authorized under the Foundation's bylaws as a Section 501(c)(3) organization. However, since the Village's main interest in establishing the Foundation was to insure the tax deductibility of donations made to the Commissions, we also researched whether or not funds donated to the Commissions are tax deductible, such that a foundation is unnecessary. Based upon our review of the Internal Revenue Code, donations to a government body are, in fact, tax deductible if made for exclusively public purposes. 26 USCA 170(b)(1)(A)(v), 170(c)(1). Therefore, donations, which are made payable to the Village and designated for use in its programs, are tax deductible, up to the usual limits, if ultimately used for a public purpose. In order to support a tax deduction, the Village should issue tax deduction letters to document donations and their deductibility. This may require some computation, especially where a fund-raising activity is designed to solicit payments which are intended to be in part a gift, and in part the purchase price of admissions or other participation in an event. The I.R.S. recommends that the organization conducting the activity indicate the amount ofthe gift being solicited, determining the amount attributable to the purpose of admission or other privilege and the amount solicited as a gift in advance of solicitation. Rev. Rul. 67-246, 1967-2 CB 104. For example, the organization should state that the tax deductibility of a donation for which a meal is received is the donation minus the value ofthe meal. Id. In addition, raffle tickets, though often accompanied by statements representing a tax-deductible donation, are, in fact, not deductible according to the I.R.S. id. (Note: this rule is subject to challenge bý the individual taxpayer, as it has not been litigated.) In regard to the use of donated funds, such funds must be used as requested by the donor. If no purpose is stated, the funds can be used for any public purpose. Therefore, donors should be encouraged to draft a check, payable to the Village, indicating the purpose in the memo section on the check. Assuming the Village wishes solicitations to be conducted by the Commissions on its behalf, we noted that only the Special Events Committee is specifically authorized by ordinance to solicit and/or accept contributions of cash and in-kind services or products. Therefore, if the Community Relations Commission and Sister Cities' Commission are also intended to solicit or accept contributions, the Village Code should be so amended. Finally, we note several other concerns. First, a conflict of interest may develop if a Commission member solicits from an individual whom "the official knows is interested directly or indirectly in any manner whatsoever in business dealings with the Village" in violation of Section 8.115(D) of the Village Code. This may also violate the State Ethics Act. Second, the application of any funds to the benefit of individual commissioners must be considered, i.e., the use of Sister Cities' funding to support a commissioner's trip to the sister city, as opposed to a commissioner's attending a local event, sponsored by Sister Cities' funds, at which all participants are treated equally with deminimis benefit. I.R.S. regulations prohibit self-dealing with private foundations, Treas. Reg. 53.4941 (a)-1(a)(1), and prohibit Section 501(c)(3) organizations from operating for a private interest, Treas. Reg. 1.501(c)(3-1(d)(1)(ii). Similarly, the Internal Revenue Code requires that Section 501(c)(3) organizations not inure benefit to any private shareholder or individual. While these provisions are not directed at governmental bodies, it is likely that the I.R.S. would apply them to the Village's proposed fund raising efforts, such that these ethical issues should be considered. If you have any questions, please call me at (312) 984-6468. Sincerely, KLEIN, THORPE & JENKINS, LTD. cc: Everette M. Hill, Jr., Village Attorney 5.701 5.703 ARTICLE VII COMMUNITY RELATIONS COMMISSION SECTION: 5.701 : Establishment And Statement Of Mission Membership Functions Definitions Commission Organization Commission Meetings Order Of Business; Agendas Discriminatory Conduct Complaint Procedures Fire And Police Personnel 5.702: 5.703: 5.704: 5.705: 5.706: 5.707: 5.708: 5.709: 5.701 : ESTABLISHMENT AND STATEMENT OF MISSION: There is hereby established a community relations commission ("Commission"). The mission of the community relations commis- sion shall be to foster and promote under- standing, mutual respect, cooperation and positive relations between and among all residents of Mount Prospect regardless of race, color, sexual orientation, religion, gender, age, disability, national origin or ancestry to the end that a sense of shared community among residents is strength- ened, the value of each individual is af- firmed and the constitutional rights of all are realized. (Ord. 5228,12-18-2001) 5.702: MEMBERSHIP: The community relations commission shall con- sist of five (5) members appointed by the mayor with the advice and consent of the trustees. The initial terms shall be as deter- mined by the mayor. The terms shall be established so that no more than two (2) terms end at the same time and so that subsequent members' terms will be for three (3) years ending on April 30 of the final year of service. A member of the board of trustees may serve on the commission, but the commission will not be required to have a trustee as' a member. A member may be removed at any time by a majority vote of the mayor and board of trustees. There shall be no quotas for assuring diver- sity of membership on the commission, but appointments shall be made with diversity as a primary objective. (Ord. 5228, 12-18-2001 ) 5.703: FUNCTIONS: The community relations commission shall act in an advisory capacity to the mayor and the board of trustees subject to the provisions of this article shall: A. Assist residents in discovering oppor- tunities to gather, contribute, volunteer and participate in neighborhood and community events and services. B. Cooperate with and enlist the aid of other commissions, organizations, schools, religious institutions and neighborhood and civic groups in actively promoting goodwill and under- standing among the people of the community. C. Receive, hear and investigate non- criminal complaints or charges of practices of discrimination or acts of prejudice or intolerance against any Village of Mount Prospect February 2002 5.703 person or group because of race, color, religion, ancestry, national ori- gin, gender, sexual orientation, age or disability by a village official and to make recommendations for the resolu- tion of such matter. D. Initiate or conduct educational or in- formational programs if the commis- sion believes that acts of intolerance are occurring within the community or if the commission believes that pro- grams will further the purpose for which it was established. E. Receive, investigate and hear com- plaints of unlawful real estate practic- es according to chapter 23, article XII of this code. F. Coordinate the amicable settlement of disputes between or among residents through mediation and conciliation services. G. Render an annual written report to the village mayor and board of trustees and issue such special reports con- cerning its work and investigations as it and the mayor and board of trustees may consider desirable. H. Perform such other duties and exer- cise such other powers as the mayor and board of trustees may assign to it. I. With respect to the village's communi- ty development block grant funds: 1. Conduct public hearings where required by law; 2. Review requests for funding from nonvillage agencies and make recom- mendations with respect to such re- quests. February 2002 5.704 The commission shall have no juris- diction over decisions, legislation or determinations of the village board or its members for actions taken while sitting as the village board. Further, the commission shall have no jurisdic- tion to hear appeals, complaints or grievances from or based on actions or decisions of the planning and zon- ing commission, the local liquor con- trol commissioner or any village hear- ing officer with respect to business licenses or zoning or building code matters. Likewise, the commission shall have no jurisdiction to hear com- plaints lodged by village employees. (Ord. 5228, 12-18-2001) 5.704: DEFINITIONS: The following terms shall have the following meanings when used in these rules of pro- cedure: ANSWER: A reply to a complaint, verified on oath, and filed with the commission, in the manner and form set forth in these guidelines. CHAIR: The appointed chairperson of the commission. CODE: The Mount Prospect village code (1981), as it has been and may be amend- ed from time to time. COMMISSION: The community relations commission of the village of Mount Pros- pect. COMPLAINANT: Any person or persons that has filed a complaint with the commis- sion. For purposes of this article complain- ant shall not include employees of the vil- lage. Village of Mount Prospect 5.704 COMPLAINT: A written allegation on a form supplied by, and filed with, the commission alleging an act of discriminatory conduct committed by an official of the village. DISCRIMINATORY CONDUCT: An act of discrimination committed by an official of the village against a person because of his or her race, color, sexual orientation, reli- gion, gender, age, disability, national origin or ancestry. RESPONDENT: Any p.erson or persons who is a village official and is accused by a complainant of engaging in discriminatory conduct against a complainant. SECRETARY: The individual that is ap- pointed to be the secretary of the commis- sion pursuant to subsection 5.705C of this article. SUPERVISOR: The current head of the village department in which the respondent was employed at the time that the discrimi- natory conduct was alleged to have oc- curred. VICE CHAIR: The individual that is appoint- ed to be the vice chair of the commission pursuant to subsection 5.705A of this arti- cle. VILLAGE: The village of Mount Prospect, Cook County, Illinois. VILLAGE BOARD: The mayor and trustees of the village of Mount Prospect, Cook County, Illinois. VILLAGE OFFICIAL: An officer or employee of the village. (Ord. 5228, 12-18-2001) 5.706 5.705: COMMISSION TION: ORGANIZA- A. Officers: The commission shall have a chair, who shall be appointed by the village president, and a vice chair, who shall be appointed by the com- mission. In the absence of the chair and vice chair, the commission shall elect a temporary chair to act as chair. B. Creation Of Subcommittees: The chair, with the consent of a majority of the voting members present at the meeting at which the consent vote is taken, may establish and appoint a subcommittee chair and members to such subcommittees of the commis- sion as may be necessary from time to time to make reports to the full commission in connection with the duties assigned to the commission. C. Secretary Of The Commission: The village manager shall appoint a staff liaison to the commission who shall be the secretary of the commission. The secretary shall not be considered a member of the commission and shall not vote on any matters. D. Quorum: A quorum shall consist of three (3) of the voting members of the commission meeting in compliance with the Illinois open meetings act. (Ord. 5228,12-18-2001) 5.706: COMMISSION MEETINGS: A. Open Meetings Act; Recording Of Meetings: Due notice shall be given of all meetings of the commission, and any of its subcommittees, and shall be scheduled and held in the manner provided in the Illinois open meetings Village of Mount Prospect February 2002 5.706 act. All hearings on complaints shall be audio taped or recorded by a certi- fied stenographic reporter. B. Regular Meetings: The commission shall hold its regular meetings not less than quarterly, but may meet more often if the commission or the mayor and board of trustees deem it neces- sary. The commission shall establish a schedule of its regular meetings for each calendar year prior to the begin- ning of each calendar year. All meet- ings shall be held on village property unless otherwise approved by the village manager. C. Special Meetings: The commission may call and conduct such special or emergency meetings as it determines may be necessary from time to time. D. Robert's Rules Of Order: Robert's rules of order newly revised, current edition, shall govern the conduct of meetings of the commission and its subcommittees. However, Robert's rules of order shall not govern where they conflict with these rules of proce- dure or other applicable law. E. Workshops: The commission may hold such workshop sessions as it deter- mines may be necessary from time to time. F. Closed Meetings: The commission may hold meetings or portions of meetings that are closed to the public only in accordance with applicable law. G. Notice Of Absence: Any member of the commission who is unable to at- tend any meeting, shall notify the chair, his or her designee, or the staff February 2002 5.707 liaison. Such notice shall be provided as far in advance as is practical under the circumstances. H. Minutes: Minutes shall be kept of all regular and special meetings of the commission. All hearings or com- plaints shall be audiotaped or record- ed by a certified stenographic report- er. (Ord. 5228, 12-18-2001) 5.707: ORDER OF BUSINESS; AGEN- DAS: A. Establishing The Agenda: The chair shall establish the items to be includ- ed on the agenda for each meeting of the commission. In establishing each agenda, the chair shall consider the number of pending complaints and other agenda items, the complexity of such matters, and any applicable time constraints for the processing of such matters. B. Order Of Business: In general, the order of business for each agenda shall contain the following items in the following order: 1. Call To Order: Performed by the chair, the vice chair or the temporary chair. 2. Roll Call: Performed by the secre- tary or his or her designee. 3. Consideration Of Minutes: Consid- eration of any unapproved minutes of any previous commission meetings. 4. Comments From The Public: Mem- bers of the public may speak without interruption for a duration of time determined by the chair. The chair Village of Mount Prospect 5.707 may limit the number of questions commission members may direct to the speaking members of the public and that members of the public may direct to the commission members. 5. Communications Received: Report by the chair of any correspondence or other communications received by the commission since the last meeting, including village board actions on commission reports or actions by other village boards and commissions on commission reports, related village staff activities and pending legislation. 6. Discriminatory Conduct Complaints: a. Reports: Consideration of reports of findings and commission recom- mendations. b. Continued Complaints: Consider- ation of complaints for which the hear- ing or meeting has previously been convened and continued by the com- mission and on which testimony has been heard by the commission. c. New Complaints: Consideration of complaints for which no hearing or meeting has previously been con- vened or on which no testimony has been heard by the commission. 7. Other Agenda Items: Consideration of other items not related to com- plaints. 8. Old Business: Consideration of any matters previously before the commis- sion. 9. New Business: Consideration of any matters not previously before the commission. 5.707 10. Adjournment: Adjourn. C. Modification Of Order Of Business: The order of items on the agenda as distributed may be modified or rear- ranged by the chair, for good cause shown, with the consent of the com- mission. In the case of a special meeting, no items may be discussed that are not on the posted agenda. D. Distribution Of Agenda And Related Materials: The agenda for each com- mission meeting shall be posted in accordance with applicable law. The agenda and all relevant materials prepared by complainants or village staff shall be distributed to each com- mission member. Unless it is objec- tively impractical to do so, the agenda and supporting materials shall be distributed at least forty eight (48) hours in advance of the meeting. E. Voting: 1. General Matters: Except as re- quired by subsection E3 of this sec- tion, the commission may take action to conduct its business without a writ- ten resolution before it. In such cases, the vote required to approve such an action shall be a majority of those voting members present. 2. Minority Or Dissenting Reports: Members of the commission may file minority or dissenting reports in sup- port of any position concerning a mat- ter brought before the commission. 3. Reports And Findings On Com- plaints: The commission shall vote to approve a report of findings and to make a recommendation on a com- plaint only by adoption of a written Village of Mount Prospect February 2002 5.707 5.708 resolution. In such cases, the vote required to pass such resolution shall be a majority of the voting members of the commission present at the meet- ing at which the vote is taken. A roll call vote shall be taken on all resolu- tions. A member absent from all or any portion of a hearing on a com- plaint shall not be qualified to vote on the matter unless that member first certifies that he or she has reviewed the entire record of such missed por- tion of the hearing and has been fully informed of the essential facts and issues of the matter being heard so as to be able to make an informed and independent vote. (Ord. 5228, 12-18-2001) Anonymous complaints will not be considered. c. Place Of Filing: The complainant shall return the complaint either by regular mail, facsimile or in person to the address designated on the com- plaint. d. Time Of Filing: A complaint must be filed no later than sixty (60) days from the date of the last occurrence of the alleged discriminatory conduct. e. Response To Filing: Subject to section 5.709 of this article, within thirty (30) days of receiving a fully executed and completed complaint, the secretary to the commission shall: 5.708: DISCRIMINATORY CONDUCT COMPLAINT PROCEDURES: (1) Schedule a commission hear- ing on the complaint in accor- dance with provisions of the Illinois open meetings act, on a date not later than sixty (60) days after receiving the fully executed and completed com- plaint, unless automatically post- poned pursuant subsection A 1 f of this section or waived by the complainant pursuant to subsec- tion A 1 g of this section; and A. Filing Procedures For Complaints Of Discriminatory Conduct: 1. Filing A Complaint Of Discriminato- ry Conduct: The following procedures shall be employed by individuals seek- ing to file a complaint through the commission for alleged discriminatory conduct by a village official: a. Eligibility For Filing: Any person claiming to be aggrieved by discrimi- natory conduct of a village official while that official was acting within the scope of his or her authority may file a complaint. (2) Deliver a copy of the com- plaint to the parties listed below, along with a written notice of the time and place of the hearing (unless waived by the complain- ant): b. Complaint Form: A person wish- ing to file a complaint must submit the particulars of his or her complaint on a standardized complaint form provided by the office of the village manager. (A) The complainant; (B) The chair and the other members of the commission; February 2002 Village of Mount Prospect 5.708 5.708 (C) The supervisor (if a complaint is lodged against em- ployee); (D) The village manager; a. Place Of Filing: The answer may be filed by the supervisor or the re- spondent by regular mail, facsimile, or in person to the secretary c/o the office of the village manager at the village hall. and (E) The village board. b. Content Of The Answer: The answer shall contain the full name of the respondent, and if represented by an attorney, the name and address of the attorney. The answer may contain a denial, a rebuttal or an admission of the complaint, in part or in whole, as well as documentary evidence to indi- cate the verity of such denial. The notice to the supervisor shall advise the supervisor that the respondent, or the supervi- sor, or both, may attend the hearing and present testimony to the commission on the sched- uled date. It shall be the respon- sibility of the supervisor to notify the respondent of the complaint. c. Time Of Filing: The answer shall be filed within fourteen (14) days from the date of service of the complaint upon the supervisor. f. Automatic Postponement For Pending Litigation: Notwithstanding anything in these rules to the contrary, no hearing shall be scheduled or con- ducted with respect to a complaint that is related to, or concerns, a mat- ter that is the subject of any pending litigation in a court of law until a date that is at least thirty (30) days after the final disposition and adjudication of such litigation. B. Commission And Subcommittee Pro- cedures For Complaint Hearings: 1. Hearings By A Quorum: No hearing shall take place unless a quorum is present. g. Waiver: A complainant may waive his or her right to a hearing. In such event, the commission shall base its report and findings, and any recommendation, on the complaint and the written answer, if any, provid- ed by the supervisor or the respon- dent. 2. Standards Of Decorum: All commis- sion members and all others attending hearings of the commission shall con- duct themselves in a manner that shall not disrupt the business of the commission. The use of cellular phones in the meeting room is prohib- ited. The chair may indicate that per- sons who become personally abusive or in other ways violate ordinary stan- dards of decorum will be ruled out of order and if the violation persists, be required to leave the meeting room. 2. Answering A Complaint: The super- visor and the respondent shall have the right, but not the obligation, to respond to the complaint. Any such response shall be in accordance with the following: Village of Mount Prospect February 2002 5.708 5.708 a. General: The chair shall begin each hearing by announcing the name of the complainant and the title of the complaint. The chair shall explain the procedures for conducting the hearing. the complainant to make this presen- tation without interruption, except for those questions allowed by the chair that may be immediately necessary to aid the commission in understanding the material being presented. 3. Introduction By The Chair: c. Counsel: Parties to the complaint will be permitted to attend the hearing accompanied by attorneys, but such attorneys will be allowed to participate in the hearing only as advisors to their clients. Such attorneys shall refrain from speaking on behalf of their cli- ents or cross examining other parties. 6. Supervisor's And Respondent's Presentation: If in attendance, the supervisor, based on his or her inter- nal investigation, and the respondent, on his or her own behalf, may answer the complaint in such form and with testimony of witnesses and other evidence as he or she deems desir- able. In general, the commission shall allow the supervisor and, or the re- spondent to make this presentation without interruption, except for those questions allowed by the chair that may be immediately necessary to aid the commission in understanding the material being presented. b. Swearing In Witnesses: The chair shall administer an oath to all persons intending to testify during the course of the hearing, whether for the complainant, the supervisor or for the respondent. d. Time Limits: Prior to the start of the hearing or meeting, the chair, in conjunction with appropriate village staff, shall establish reasonable time limits for the oral presentation of the complaint by the complainant, for the answer by the supervisor and, or the respondent, if attending, and for the testimony of witnesses, if any. 7. Prohibition Of Cross Examination: No party shall be entitled or permitted to cross examine or ask questions of any other party. All questions and comments shall be directed to the commission. 4. Chair's Summary Of Complaint: The chair or his or her designee shall explain, in summary form, the basic facts of, and relief requested in, the complaint. 8. Questions By The Community Rela- tions Commission: At the conclusion of each presentation, the commission members may ask such questions of the complainant, the supervisor, the respondent or the witnesses as may be necessary to clarify the material presented. 5. Complainant's Presentation: The complainant shall present the com- plaint in such form and with testimony of witnesses and other evidence as the complainant deems desirable. In general, the commission shall allow 9. Commission Statements: Members of the commission may read state- ments related to the complaint into the hearing record. February 2002 Village of Mount Prospect 5.708 5.708 10. Commission Discussion And De- liberation: Followìng testimony, the commission may close the hearing and discuss, in an orderly fashion, the complaint and all material presented. During this discussion, members of the commission may ask the chair to direct additional questions to the com- plainant, the supervisor, the respon- dent or witnesses during this portion of the meeting. 12. Commission Action: Upon receipt and review of the report and findings, the commission shall, by resolution duly adopted, either: a) approve the report and findings in the form as drafted, or b) approve the report and findings with designated modifications. Although the commission shall have the right to make recommendations, it shall have no obligation to do so in the final resolution. 11. Report And Findings: At the con- clusion of any hearing, subject to section 5.709 of this article, a written draft report and findings shall be pre- pared by the commission in the man- ner it deems appropriate. The draft report and findings shall be distributed to the commission members for review at the next scheduled meeting. 13. Transmittal Of Commission Action Documents: The secretary shall, with- in fourteen (14) days after the conclu- sion of the meeting at which the com- mission approved a report and find- ings, transmit the same along with any minority reports to the village manag- er. The village manager will then pro- vide copies of the report to the village board, the complainant, the supervisor and the respondent. The village man- ager will also notify the village board of any change in administrative proce- dures or any disciplinary action that has been or will be taken with respect to any employee. The report and findings shall be based solely on the statements, documents and other evidence provided at the hearing by the complainant, the super- visor and the respondent. It shall include: a. Brief statement of the complaint; 14. Continuances: Any complainant, supervisor or respondent, may re- quest, and shall be granted, one con- tinuance, without cause, of a hearing on a complaint. If a complainant fails to appear at a scheduled hearing without giving prior written notice to the secretary and has not previously used a continuance, the hearing shall be continued. Any further requests for a continuance by the complainant, supervisor or respondent, shall be subject to the approval of the commis- sion for good cause shown. b. The solutions sought by the complainant; c. The recommended solution of the supervisor and/or the respondent; d. Findings of fact; e. A determination of whether the complaint has merit; and 1. The proposed recommendations of the commission. 15. Withdrawal Of Complaint: If the complainant chooses to withdraw his Village of Mount Prospect February 2002 5.708 or her complaint, then the proceeding may be deemed complete and the commission shall have no obligation to transmit a report and findings to the village board. However, if the com- plainant alleges that he or she with- draw his or her complaint because he or she was the subject of overt acts of retaliation, harassment or threats committed by an official of the village, then the complainant may renew his or her prior complaint within sixty (60) days of the alleged overt retaliatory, harassing or threatening act in confor- mity with these rules. (Ord. 5228, 12-18-2001 ) 5.709: FIRE AND POLICE PERSON- NEL: It is required that the hir- ing, promotion and discipline of sworn fire and police personnel be governed by spe- cific state and local law. Because of the specificity and complexity of these proce- dures, it is neither practical nor proper to have them compromised in any manner by providing a concurrent process for investi- gating or hearing complaints against such officials. Therefore, while retaining the authority to receive complaints against sworn fire or police personnel, the commis- sion will immediately forward such com- plaints to the respective fire or police chief. The appropriate chief will then provide a written monthly report to the commission and the village manager as to the procedur- al progress of the matter and will file a final report describing its ultimate disposition. Occasionally, certain portions of a final disposition may be subject to a confidential- ity requirement. In such instances, these portions may not be transmitted to the com- munity relations commission. However, no disposition to be presented to the board of fire and police commissioners may be sub- February 2002 5.709 ject to confidentiality provisions unless approved in writing by the village manager. If, after all administrative and judicial ap- peals have been exhausted, the complain- ant is not satisfied with the result of the board of fire and police commissioners process, the complainant may then request a hearing on the matter before the commis- sion and such hearing shall be conducted pursuant to these rules. In the event a hearing is commenced pursuant to this section, the commission may make recom- mendations with respect to avoiding such complaints in the future, but shall make no recommendation with respect to the disci- plining of the respondent. (Ord. 5228, 12-18-2001 ) Village of Mount Prospect 5.1201 ARTICLE XII 5.1202 SPECIAL EVENTS COMMISSION SECTION: 5.1201: 5.1202: 5.1203: 5.1204: Creation And Membership Organization Powers And Duties Meetings 5.1201: CREATION AND MEMBER- SHIP: There is hereby estab- lished a Committee to be known as the Special Events Commission of the Village, consisting of fifteen (15) members, a major- ity of whom shall be citizens of the Village. The members of the Special Events Com- mission shall be appointed by the Village President with the consent of the Board of Trustees. In addition, the Village President shall be an ex officio member of the Special Events Commission. A. When first appointed, the members of the Special Events Commission shall serve respectively for the following terms: Three (3) for one year; Three (3) for two (2) years; Three (3) for three (3) years; Four (4) for four (4) years; and Two (2) for five (5) years or until their respective successors have been duly appointed and quali- fied. 1. Upon creation of the Special Events Commission, the Chairperson, who shall be a voting member appointed Village of Mount Prospect by the Village President with the ad- vice and consent of the Village Board, shall serve for a term of five (5) years, or until his/her successor has been duly appointed and qualified. 2. After the initial term, the successor of each member and the Chairman so appointed, shall serve for a term of four (4) years, or until his/her succes- sor has been duly appointed and qual- ified. The Chairman shall serve no more than two (2) consecutive terms as Chairman. B. The Village President shall have the power to remove any member of the Special Events Commission. C. Vacancies shall be filled for the unex- pired term of the member or the Chairperson whose seat has become vacant by appointment of the Village President with the consent of the Board of Trustees. (Ord. 4573, 8-3-1993; Ord. 4738, 7-5-1995; Ord. 4820, 9-3-1996) 5.1202: ORGANIZATION: A. Members of the Special Events Com- mission shall serve without compensa- tion of any kind. B. Immediately upon the creation of the Special Events Commission, the mem- bers of the Commission shall select from its membership a Vice Chairper- son and Secretary. 5.1202 1. The Vice Chairperson shall serve as acting chairperson whenever the Chairman appointed by the Village President is absent from the meeting. 2. The Secretary shall oversee and be responsible for the record of proceed- ings and shall prepare the minutes of said Special Events Commission. A copy of the minutes of the Special Events Commission shall be forward- ed to the Village Clerk for distribution and for the official files of the Village. (Ord. 4573, 8-3-1993; Ord. 4738, 7-5-1995) 5.1203: POWERS AND DUTIES: A. It shall be the duty of the Special Events Commission to develop, pro- mote and coordinate a series of com- munity events for the enjoyment and education of the residents of the Vil- lage and visitors to our Village. B. All activities organized by the Special Events Commission shall be conduct- ed within the financial constraints placed upon the Commission as es- tablished by the President and Board of Trustees through passage of the annual budget for the Village. c. The Special Events Commission shall have the authority to enter into agree- ments with participants, organizations and/or groups solicited by the Com- mission to participate in the specific events organized by the Commission. D. The Special Events Commission shall prepare a calendar of events for the Village. Said calendar shall be pre- sented to the President and Board of 5.1204 Trustees of the Village on a quarterly basis. E. The Special Events Commission shall have the power and authority to solicit and/or accept contributions of cash and in-kind services or products in furtherance of the promotion and/or staging of any special events. (Ord. 4573, 8-3-1993; Ord. 4738, 7-5-1995) 5.1204: MEETINGS: The Special Events Commission shall meet on a regular basis, as established by the Com- mission. Special meetings of the Special Events Commission may be called by the Chairperson of said Commission. (Ord. 4573,8-3-1993; Ord. 4738, 7-5-1995) Village of Mount Prospect 5.1501 5.1502 ARTICLE XV SISTER CITIES COMMISSION SECTION: serve respectively for the following terms: 5.1501 : 5.1502: 5.1503: 5.1504: 5.1505: Purpose Creation And Membership Meetings Objective And Role Annual Report Three (3) for one year; Three (3) for two (2) years; 5.1501: PURPOSE: The purpose of the Sister Cities Commission is to recommend policies and programs to en- hance the Village's participation in the Sis- ter Cities International Organization, and to maintain any relationship the Village might establish with a sister city. It is recognized that there is no financial, political or reli- gious goal of the program. The sole objec- tive of the Commission and the program is to promote goodwill and international under- standing. (Ord. 5095, 3-22-2000) Three (3) for three (3) years; Four (4) for four (4) years; and Two (2) for five (5) years or until their respective successors have been duly appointed and quali- fied. 5.1502: CREATION AND MEMBER- SHIP: There is hereby created a permanent commission, which shall be known as the Sister Cities Commission of the Village, consisting of fifteen (15) mem- bers, a majority of whom shall be residents of the Village, and one member shall be a Village Trustee. The members of the Sister Cities Commission shall be appointed by the Village President with the consent of the Board of Trustees. In addition, the Vil- lage President shall serve as an ex officio member of the Sister Cities Commission. 1. Upon creation of the Sister Cities Commission, the chairperson, who shall be a voting member appointed by the Village President, with the advice and consent of the Village Board, shall serve for a term of five (5) years, or until his/her successor has been duly appointed and quali- fied. 2. After the initial term, the successor of each member and the chairperson so appointed, shall serve for a term of four (4) years, or until his/her succes- sor has been duly appointed and qual- ified. The chairperson shall serve no more than two (2) consecutive terms as chairperson. B. The Village President shall have the power to remove any member of the Sister Cities Commission. A. When first appointed, the members of the Sister Cities Commission shall Village of Mount Prospect September 2000 5.1502 C. Vacancies shall be filled for the unex- pired term of the member or the chair- person whose seat has become va- cant by appointment of the Village President with the consent of the Board of Trustees. D. Immediately upon its organization, the Sister Cities Commission shall select from its membership a vice chairman and a secretary. The persons so se- lected shall serve for terms of one year and may be reelected. E. The Commission may also establish committees as it may, from time to time, deem appropriate. The commit- tees may include, but not be limited to, the following: 1) special events; 2) schools; 3) houses of worship; 4) service clubs; 5) seniors; 6) Municipal; 7) commercial; and 8) youth. Commit- tee members need not be Commission members, but committee membership requirements shall be the same as for Commission membership. (Ord. 5095, 3-22-2000; Ord. 5107, 5-2-2000) 5.1503 : MEETINGS: A. The Sister Cities Commission may meet as needed but shall be required to meet on the first Thursday of each March, June, September and Decem- ber. Special meetings may be called by the Village President, the Sister Cities Commission chairman, or by any three (3) members of the Sister Cities Commission. B. The Sister Cities Commission shall adopt rules for the conduct of its meetings and keep written minutes of all meetings and proceedings. September 2000 5.1505 C. A copy of all minutes shall be forward- ed to the Village Clerk for official re- cords. D. All meetings of the Sister Cities Com- mission shall be public and its minutes shall be available for examination during regular business hours. (Ord. 5095, 3-22-2000) 5.1504: OBJECTIVE AND ROLE: The objective of the Sister Cities Commission shall be to encourage and facilitate programs and exchanges between Mount Prospect and its sister city. The Sister Cities Commission shall function as advisor to the Village Board on the follow- ing objectives: A. Development of annual programs and exchanges. B. The provision of such programs and exchanges, including finding and pro- viding for host families and cultural experiences for approved visits by sister cities residents, and plans for reciprocal visits for Mount Prospect residents and business persons in the sister city. (Ord. 5095, 3-22-2000) 5.1505: ANNUAL REPORT: Each Sep- tember, the Sister Cities Com- mission shall make an annual report to the President and Board of Trustees with re- spect to the following: A. Exchanges and projects in the Village within the past twelve (12) months. B. Planned exchanges and projects for the future. Village of Mount Prospect 5.1505 5.1505 c. Recommendation of measures with respect to the sister cities program that should be considered by the cor- porate authorities in the following twelve (12) months. D. Quality of cooperation between Mount Prospect and its sister city. E. Budget recommendations for the program's future. (Ord. 5095, 3-22-2000) Village of Mount Prospect September 2000 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17 THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Subparagraph 1, "Exceptions One" of Paragraph B, "Exceptions" to Section 17.102 entitled "Licenses Required; Exceptions" of Article I, entitled "General Provisions of Chapter 17 of the Mount Prospect Village Code shall be amended by deleting subparagraph (B)(1) in its entirety and adding a new subparagraph (B)(1) to Section 17.102, entitled "Licenses Required; Exceptions" which shall be and read as follows: 1. Exception One: The vehicle has a registered owner on active U.S. military duty stationed outside of Illinois; or SECTION 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this - day of ,2004. Gerald L. Farley, Village President ATTEST: Velma Lowe, Village Clerk iManage 133434vl 1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Article XI, Motorcycles, of Chapter 18, Traffic, ofthe Mount Prospect Village Code, shall be amended by adding a new Section 18.1103 which shall be and read as follows: Sec. 18.1103. Motorized Skateboards. A. For the purpose of this Section a motorized skateboard is defined as any device that has a deck or platform on which a person may stand or sit, with two or more wheels, and is propelled by any type of motor or engine. However, the term "motorized skateboard" shall not include the following: (1) any vehicle that is licensed by the State of Illinois for travel upon Illinois streets and highways and has each of the following characteristics: (a) a seat for at least one person; and (b) develops at least three brake horsepower; (2) a motorized wheelchair; or (3) an electric personal assistive mobility device as defined in 625 ILCS 5/1-117.7. B. No person shall operate a motorized skateboard upon any public or private street, public sidewalk, public parking lot, public bike path, public park or on any other public property. C. A peace officer who cites a person for a violation of this Section may impound any motorized skateboard used by that person in the commission of the offense. The person or owner may recover the motorized skateboard from the impound 24 hours after the citation was written upon payment of a fee as set forth in Appendix A, Division II. This fee shall include the costs incurred by the Village to remove the motorized skateboard to the impound. Upon the presentation of a signed court order by the person whose motorized skateboard was impounded showing that the person has been found not guilty of the offense, the Village shall refund the impoundment fee to the person or owner who paid such fee. 1 D. Exemptions. 1. Any police, fire, Village, Park District or US Postal Service vehicle driven by an employee in the course of his or her duties. 2. Motorized skateboards approved, in writing, for use in a Village sanctioned parade. E. Any person found guilty of violating any of the provisions of this Section shall be fined as set forth in Appendix A, Division III. SECTION 2: Section 3, AppendixA, Division II of the Mount Prospect Village Code shall be amended by adding the following: Sec. 18.1103 Motorized Skateboards. D. Impoundment fee - $100.00 SECTION 3: Section 4, Appendix A, Division III of the Mount Prospect Village Code shall be amended by adding the following: Sec. 18.1103 Motorized Skateboards. F. Fine - Not less than $75.00 nor more than $1,000.00. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this - day of ,2004. Gerald L. Farley, Village President ATTEST: Velma W. Lowe, Village Clerk C:IMyFilesIMpIORDSISec18-1103.Scooters.amd.ord.doc 2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 20.101, entitled "STRAY ANIMALS PROHIBITED," of Article I, of Chapter 20, of the Mount Prospect Village Code, be amended by deleted the existing Subparagraph B and inserting a new Subparagraph B, to be and read as follows: B. Any stray animal in the public way or within a public place or upon private premises of any person other than the owner may be immediately impounded by the Village and the impoundment procedures set forth in Article II of this Chapter shall control. SECTION 2: Section 20.101, entitled "STRAY ANIMALS PROHIBITED," of Article I, of Chapter 20, of the Mount Prospect Village Code, be amended to insert a new Subparagraph 0, to be and read as follows: D. An animal shall be deemed to be unlawfully at large unless under control of the owner or a member of the immediate family over ten (10) years of age by leash or chain, or supervised by the owner in a fenced yard or such other area as a kennel run. Any animal that is unlawfully at large pursuant to this Paragraph D may be deemed to be a "stray animal" for purposes of this Article I. Subparagraph D, now in effect, shall be relettered Subparagraph E. SECTION 3: Section 20.105, entitled "DANGEROUS ANIMALS," of Article I, of Chapter 20, of the Mount Prospect Village Code, be deleted in its entirety and a new Section 20.105 be inserted to be and read as follows: 1 Section 20.105: Dangerous Animals A. Keeping: No person shall own, keep or harbor within the village: 1. Any snake, lizard or other reptile whose species is physically capable of injuring a person by poison, constriction or other means (Le., bite that causes disfigurement, etc.). 2. Any lion, tiger, cougar, panther, bobcat, mountain lion, lynx, ocelot, leopard, or any other similar feline animal; or any hybrid of any of them. 3. Any wolf, coyote, jackal, fox, wild dog, or any hybrid of any of them. 4. Any bear or bison. 5. Any rodent weighing more than one pound, with the exception of guinea pigs. 6. Any other animal which, when full grown, normally attains a weight in excess of two hundred (200) pounds. 7. Any monkey (not authorized by the State of Illinois as a sanctioned pet), gorilla, chimpanzee or other similar ape-like primate. 8. Any dangerous or vicious animal the owner or keeper of which, has been found guilty of violating Section 20.206 with respect to that animal. This section shall not apply to properly zoned and constructed zoos, animal shelters, veterinary hospitals, pounds, federally licensed scientific or research laboratories, or educational or other licensed institutions. B. Any member of the Police Department of the Village is authorized to kill any dangerous animal, as defined in Article IV of this Chapter, when necessary for the protection of any person or property. For purpose of this subsection B, dangerous animal is not limited to those specifically enumerated above in Subsection 20.1 05A. 1. In all cases where such animal has been destroyed by a police officer, and a period of less than fourteen (14) days has elapsed since the day on which such animal or reptile bit any person, the police officer should immediately notify the Health Officer. 2. It shall be unlawful for the owner of any animal, when notified that such animal has bitten or scratched any person, to sell or give away such animal or to permit or allow such animal to be taken beyond the limits of the Village without the express approval of the Health Officer. 2 SECTION 4: That a new Section 20.206, entitled "DANGEROUS OR VICIOUS ANIMAL," be inserted into Article II, of Chapter 20, of the Mount Prospect Village Code, to be and read as follows: A. Mandatory Restraint: It shall be unlawful for any person to have custody of, own, possess or maintain a dangerous or vicious animal, as defined in Section 20.402, entitled "Dangerous or Vicious Animal", of this Chapter, unless it is restrained, securely confined on the premises of its keeper or owner, or muzzled so that it cannot bite, attack or cause injury to any person or other domestic animal. In addition to any other available penalties, failure to comply with the requirements of this section may result in impoundment, as set forth in Subsection B below. For purposes of this Section 20.206, the following shall apply: 1. A dangerous or vicious animal shall be deemed securely confined on the premises of its keeper or owner when confined in a five sided enclosure (four sides and a roof) that is reasonably designed to prevent escape. If the enclosure has no floor that is secured to the sides, then the sides of the enclosure shall be embedded into the ground no less than two feet deep to present escape by digging. The enclosure must be humane and provide some protection from the elements for the animal. 2. A dangerous or vicious animal may only leave the securely confined premises for the purpose of obtaining veterinary care, grooming, or upon order of court of competent jurisdiction, or to leave the Village limits. When beyond the premises for such reasons, the animal must be securely muzzled and restrained by a chain or leash and under the immediate and constant physical restraint of the owner. 3. The owner of a dangerous or vicious dog or cat shall display a sign stating "WARNING - VICIOUS ANIMAL - KEEP AWAY!" on the exterior of any enclosure in which the animal is kept. The sign must be visible and legible from ten feet (10') away from the animal's enclosure. B. Impoundment: If a dangerous or vicious animal, as defined under Section 20.402 of this Article II, is not kept in accordance with this Article II, or immediate impoundment is otherwise necessary for the protection of the public health or safety, the Chief of Police or person acting on behalf of the Village may immediately order the animal impounded. 1. The owner or custodian of an animal impounded pursuant to this section, shall be notified of the impoundment by certified mail or by personal service, in accordance with Section 20.301, of Article III, of this Chapter, within two (2) working days of the impoundment. 3 2. The notice of impoundment, if by certified mail, shall inform the owner or custodian of the animal that the owner may make a written request for a hearing to contest the impoundment. Such a request must be made within five (5) working days of the mailing of the notice of impoundment. If notice of impoundment is given by citation, a hearing date shall be assigned and indicated on the citation. 3. Upon request by the owner or custodian of the animal for a hearing pursuant to subsection B2 of this section, a hearing shall be held within ten (10) working days of the request. A notice of the hearing shall be mailed by certified mail to the owner or custodian of the animal requesting the hearing. The animal shall not be destroyed prior to the conclusion of the hearing. 4. If a determination not to destroy the animal is made pursuant to the hearing, the Chief of Police may, to ensure the health and safety of the public and the animal, impose reasonable restrictions and conditions for the control and maintenance of the animal upon its release to the owner. The conditions may include, but are not limited to, the following: a. Posting a bond or other proof of ability to be responsible for future damage caused by the animal. b. Specific requirements as to size, construction and design of an enclosure in which to house the animal. c. Establish the location for housing the animal, including the removal of the animal from the Village. d. Requirements as to type and method of restraint and/or muzzling of the animal. e. Payment of reasonable fees to recover the impoundment costs incurred by the Village. 5. As provided under Section 15 of the Illinois Animal Control Act, 510 ILCS 5/15, the court has authority to enter a decree restraining the owner of a vicious animal from maintaining such animal as a public nuisance and may further decree that such animal be humanely dispatched. 6. Impoundment shall be conducted in accordance with Section 20.206, Subsections (B), (C) and (D), of this Chapter to the extent not in conflict with this Section. SECTION 5: Section 20.206, of Article II, of Chapter 20, entitled "IMPOUNDMENT PROCEDURES:", be renumbered section 20.207, and subsection A of renumbered section 20.207 shall be amended to insert the phrase "and 20.206," to be and read as follows: 4 A. In all cases of impoundment, other than those itemized in section 20.205 and 20.206 of this article, when the animal control officer, health officer, or any police officer of the village takes possession of an animal for the purpose of impounding same, such officer shall hold such impounded animal in an animal control center for seven (7) days, during which time reasonable means shall be used to facilitate their return to the rightful owners. SECTION 6: Appendix A, Division III of the Village Code of the Village of Mount Prospect shall be amended to insert the following at the end of Chapter 20, entitled "Animals," Section 20.302, subsection F: Keeping Dangerous Animal and Reptiles: Not less than $200.00 nor more than $1,000.00. Dangerous or Vicious Dog or Cat: $1,000.00. Not less than $200.00 nor more than SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this - day of ,2004. Gerald L. Farley, Village President ATTEST: Velma W. Lowe, Village Clerk Published in Pamphlet form this day of , 2004. Velma W. Lowe, Village Clerk 5 MAYOR Gerald L. Farley Mount Prospect VILLAGE MANAGER Michael E. Janonis TRUSTEES Timothy J. Corcoran Paul Wm. Hoefert Richard M. Lohrstorfer Michaele W. Skowron Irvana K. Wilks Michael A. Zadel VILLAGE CLERK Velma W. Lowe Phone: 847/392-6000 Fax: 847/392-6022 Village of Mount Prospect 50 South Emerson Street Mount Prospect, illinois 60056 www.mountprosvect.orfj AGENDA MOUNT PROSPECT SOLID WASTE COMMISSION September 16, 2004 CONFERENCE ROOM B, PUBLIC WORKS FACILITY 1700 WEST CENTRAL ROAD 7:30 PM I. CAll TO ORDER II. APPROVAL OF MINUTES III. CITIZEN FORUM IV. SOLID WASTE PROGRAMS/DATA V. OLD BUSINESS . Solid Waste Contract VI. NEW BUSINESS VII. NEXT MEETING VIII. ADJOURNMENT ANY INDIVIDUAL WHO WOULD LIKE TO ATTEND THIS MEETING BUT BECAUSE OF A DISABILITY NEEDS SOME ACCOMMODATION TO PARTICIPATE PLEASE CONTACT PUBLIC WORKS AT 847.870.5640, TDD 847.392.1235. x: I usersll isa/word/swse ptAG2004 Director Glen R. Andler Deputy Director Sean P. Dorsey Water/Sewer Superintendent Roderick T. O'Donovan Streets/Buildings Superintendent Paul C. Bures Village Engineer Jeffrey A. Wulbecker Forestry/Grounds Superintendent Sandra M. Clark Solid Waste Coordinator M. Lisa Angell Vehicle/Equipment Superintendent James E. Guenther MCUNT PRCSPECT PUBLIC WCRKS DEPARTMENT 1700 W. CENTRAL ROAD, MOUNT PROSPECT, ILLINOIS 60056-2229 PHONE 847/870-5640 FAX 847/253-9377 TOO 847/392-1235 I. II. III. IV. V. VI. VII. VIII. SAFETY COMMISSION AGENDA MEETING LOCATION: MEETING DATE AND TIME: Public Works Building 1700 W. Central Road Mount Prospect, Illinois 60056 Monday September 13, 2004 7:00 p.m. Call to Order RollCall Approval of Minutes Citizens to be Heard Old Business A. Update on Parking Situation Around Prospect High School New Business A. Highland Street & Rand Road Turn Restriction Study Commission Issues Adjournment