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HomeMy WebLinkAbout1512_001MINUTES COMMITTEE OF THE WHOLE JUNE27s 1995 r ., 11 • : • ,, 0 going to support the Library's desire to put a referendum question on the November ballot which asks the voters whether they support expanding the library. Mr. Sodaro expressed his opposition to the Library having another referendum so soon after last year's referendum, the result of which indicated that the voters objected to the expansion. He also indicated that state statute gives the Village Board the authority to approve or reject a referendum question proposed by the Library Board. Trustee Hoefert responded that he feels that the Village Board does not have the right to reject the decision of another duly elected government body. Trustee Clowes stated that there was a proposal in Springfield that recently failed which stated that the same referendum question cannot appear on the ballot more that once within a year and one day. Trustee Skowron stated that she does not believe that the Village Board should dictate to another duly elected government body. IV. PRESENTATION OP -F D UNIMILISU" MAPLE/MkKsul Public Works Director Glen Andler presented an over of the flood control study. 1199c, the Village Board approved the RJN Flood study. As a result,* the Board authorized 14 projects to be completed over a number of years. The See-Gwun/M 11 burn area has 212 homes and the Maple/Berkshire area has 63 homes. Although the Maple/Berkshire area was not included in the original RJN study, a study of this area was commissioned because of extensive basement flooding arising out of a very heavy rain storm last summer. The See-Gwun improvements have already been addressed from a budgetary standpoint. Mr. Dana Carroll of RUST Environment and Inftstructure presented the results of the study to the Village Board which included an evaluation of existing systems, identification of defects, and recommendations to either rehabilitate or replace portions of the existing system. A discussion followed concerning the capacity bf the current system and whether the repaired system would accommodate the amount of rain that would fall during a for ,such as a 10 year storm or 25 year storm. Glen Andler stated that a preapplication has already been submitted to IEIPA for possible low interest loan eligibilty. A "facility plan" ammendment Will also have to be submitted by RUST. The sooner design drawings are completed, the greater the likelihood of receiving such funding. Several residents asked question's and addressed the Board. The consensus of the Village Board was to authodize the preparation of the plans to be submitted to 1EPA. Further discussion regarding the phasing of thiz Maple/Biarkshire project would be undertaken as part of the upcoming budget process. V. REVIEW, OF RECALL PROCEDURE The Mayor asked the 'Board first to consider whether the wording of the referendum question waslacceptable. A discussion followed concerning the wording' of'4he referendum. The consensus of the group was to approve the referendum question a i1d bring this before the Board for a first rea.ding on July 5S 1995. The Board discussed how manysignatures would be required on the petition (Sec. 8.1704 paragraph D.) The consensus of the ,Board was that a recall petition must be signed by electors numberinq not less than 10% of the total number of registered voters. The number of registered voters'would be determined at, the time of the last general election. Staff was directed to make the appropriate changes to the draft recall ordinance. V1. MANAGEWS REPORT The Village Manager reported that the response to the Cable Television survey has been much greater than anticipated. The Manager also announced that after a year with the Village, Administrative Intern Cathleen Freels will be MINUTE COMMITTEE OF THE WHOLE MAY 239 1995 Attorneyffiayor Gerald Farley called the meetingw to order at 7-33 p.m. Present at thqu meeting were.- maym Gerald L. F 6ftv: Trustees Timothy Corcoran, Richard Hendricks, Paul Hoefert and .,Irvana 'Wilks. Absent from the meeting were: were, Vflloge�Manager Michael Janon.1s, Assistant Village Manager David Strahl Police Chief Ronald Pavlock, Deputy Police Chief Ronald Richardson and Village FI*qceptance of the Minutes from May 9, 1995. Motion made' by Truste C and 866onded b v Trustise,Hoefert to approve Minutes. Minutes were approved. CITIZENSTO BE H -= i 13111111 Redd I of 105 South Ellm, spoke. He wanted to share a recent letter hz received which included d6rogatory languageconcerninq his sexual preference. He read portions ofAhe letter to the Village Board and st akedthis is obviously hate ring eBa ttentio I that hate crimes apparently are mail and wanted to b itto th o rd's a n' # # # # • # # Mayor Farley responded to Mr. t eddy's concerns by stating that he abhors this type of communication and Mated that he and the Village 'Beard are sympathetic ,n to Mr. Reddy's; concerns regarding such correspondence. �4 v , The rationale for such an 'ordinance are as follows. 1 The need to create a safe environment for the youth of our community through the establishment of reasonable regulations, c send a strong message that the Village maintains a "Zero" tolerance for gangs and their negative influences, ) bridge any gaps or erase any inconsistencies between existing local and State laws regarding youth, 4) bring all relevant youth -related regulations into one omnibus Section of the Village Code; and ( ) provide the Police Department, parents, educators and other public officials of our community with the tools necessary to protect and nurture our youth. Mayor Farley provided general background information concerning this ordinance and stated itis intended that this is the first meeting to discuss this Ordinance prior to ultimate passage by the Village Board. He feels that there will undoubtedly be subsequent reviews by the Village Board which will ultimately lead to a final Ordinance version for consideration by the Ball Board. He stated that the times have changed and it is necessary to consider such an Ordinance due to the negative influences which are occurring within our community. Trustee Wilks provided a general overview of some comments related to the proposed ordinance from a previously prepared statement. Village Attorney Everette Hill provided a detailed overview of the draft ordinance from his memo summarizing the changes. The review included an outline of the new Sections and the justification to these new Sections. He also highlighted Sections of the Ordinance which have been moved from other areas of the Village Code to this single location. Aary Bower of One East Lo nquW spoke. She stated that the TAP group has gone through the Ordinance very carefully and is supportive of the Ordinance because they feel it is necessary at this time. However, one of the concerns the group did have is about the termination of some of the restrictions contained within the Ordinance being linked or terminating after a specific age. They also wanted to make sure they did not repeat State law and convert it into a local form. She ,stated that TAP will provide comments to the Village to Consider ,and incorporate into thenext recision when it is revised. Frank Vlazny of 2103 Jody Court spoke. He asked who would incur the Prosecuting Attorney expenses and whether the Village would be required to provide a Public Defender as part of this Ordinance. Aftomey Hill provided a response to the,previous questions. He stated that age and gang a ctivity is not Am !te d by the offendees, age within the Ordinance. He also stated that, there are regulations on the Statebooks, however, some of this regulations have been pattleth" ed to be more applicable in Mount Prospect. The Villago will not be required to 'provide, �a Public befendeir because these are situations which, if the offender it convicted, wil[not have a possibility of facing *ail General comments by Villa' e, Board members included the following: �i lily) 4MAYQA GERALD L FARLEY TINUISURS GEGAGE A. CLOYVES TIMOTHY J. COF0:)RAN RICHARD N. HENORICKS PAUL VVM. HOEFERT Village of �Mount Prospect MXNAELE W SKOViRON JAVANA K. WLKS WILLA" MANAGER 100 South Emerson Street Mount Prospect, Illinois 60056 MICHAEL I- JANONIS VILLAM CLINK CAROL A. FIELDS Phone: 708 / 392-6000 Fax: 708 / 392-6022 TDD: 708 / 392-6064 May 23, 1995 From: Trustee hvana Wilks Subject.* Notes on Age and Gang Related Offenses Ordinance The Age and Gang Related Offenses Ordinance was drafted to meet the needs of the 1990s in Mount Prospect, EL. In the past, we have referred to it as the gang suppression ordinance. In truth, the issues addressed in it are much broader; they also relate to youth -related crimes that may or may not be associated with gangs. The ordinance represents another tool for police to use in a law-enforcement scene that is changing constantly. From time to time, we should update and review our village ordinances to make certain they serve our community, and this accomplishes that with respect to age-related crimes. We have heard from residents, educators and police that this Village, as well as communities throughout the Ulluited States, need new laws to address crimes committed by youth. I have had mothers of teenagers confide in me that they will support ordinances that will help their children reach adulthood. *0 In reviewing the draft of the ordinance, I want to present some parameters. In this ordinance we establish a zero tolerance for gangs and crimes committed by youth. Because I want Mount Prospect to design a model ordinance, I encourage an open discussion of all its sections. Although I have strong- opinions about certain aspects of it, I believe we can draft a great ordinance if we review it thoroughly and openly. (I Part of the complexity of the issues before us have to do with state statutes and the adjudication of laws with respect to minors. We took into account the manner in which 1i the courts and the state's attorney prosecute laws presently on the books. Having a local -- more page 2 -- Youth Related Offenses code will allow our village to prosecute when the state's attorney does not have time or resources to pursue it. We also give parents a strong role to play. Parental consent is found throughout the draft. With respect to penalties, those meted out generally are in the area of community service and/or fines. This ordinance pulls together all ordinances in our village code that relate to youth. We heard from police that having one place to locate the violations would save time and be more efficient. Chief Pavloc and the village manager both felt that incorporating the underage drinking ordinance in its entirety as well as curfew, truancy and other offenses into one omnibus law, gave the police an administrative tool they needed. The Underage Drinking laws are shifted from the liquor code into the age-related offenses code. This shift from one chapter in our code book to another in no way diminishes the fine job done in drafting the original underage drinking ordinance. The draft of the ordinance was reviewed by District 214. 1 spoke with Bill Johnson who works at Forest View administrative center. He said the gang ordinance fits very well with their existing policies. * We also received a positive response from District 26. The Mount Prospect Park District attorney read it and has asked that the school safe zones be expanded to *include parks and park property. Joseph Claps, Chief of the Criminal Justice Division from the Office of the Attorney General, evaluated it. He supports the ordinance and particularly like the definitions. Rather than comment on any specifics of the ordinance, I will reserve those for the general discussion. To understand the ordinance, the village attorney should explain the reasoning which went into its drafting. Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MAYOR GERALD L. FARLEY AND BOARD OF TRUSTEES FROM: VILLAGE MANAGER DATE: MAY 5, 1995 SUBJECT: GANG SUPPRESSION ORDINANCE Attached please find the most recent draft of the proposed Gang Suppression Ordinance along with a background memo from Buzz Hill. As you know, we are scheduled to begin discussing this item at the May 23 Committee ofthe Whole, meeting. Since its inception, the proposed Ordinance has gone through at least four revisions. The ,redrafting efforts have focused on (1) Addressing the needs of all segments of our community and ('2) Creating a legally defendable Ordinance. I believe that the attached draft is very, close to accomplishing those two goals. Two areas that continue to undergo refinement are expanding the reach of the Ordinance to Park District, properties and looking at the reach of the Ordinance with regard to prohibiting guns in schools. Besides review and comment by the Village Board', It is also contemplated that the proposed Ordinance will be shared wfth local School Districts, Park Districts and Library District to solicit their input, and, hopefully, garner their support. The wider distribution is ,anticipated to take place during the week of May 8. Please review the draft Ordinance and Buzz's memo and if you have any questions or comments, please direct them to either Trustee Wilks or me. M MEJ/rcc 1, E E., is C." Village Attorney Everette M. Hill, Jr. Police Chief Ronald Pavlock ARNSTEIN & LEHR 120 SOUTH RIVERSIDE PLAZA - SUITE 1200 CHICAGO, ILLINOIS 60606-3913 (312) 87&7100 FAX (312) 876-0288 Everette M. Hill, Jr., FOUNDED 1893 (312) 676-7874 M OWN 00 nn �t �nn 0 R A N D'Umn M TO: Mr. Michael Janonis FROMIS 0 Everette M. Hill, Jr. DATE: May 2, 1995 SUBJECT: Gang Suppression Ordinance HOFIrMAN ESTATI!3, Ujftog WEST PALM BEACH. IrLo"U MILWAUKEE, MSCON&N As you are aware, I have been working with the staff and Trustee Wilkes in the preparation of an ordinance, the purpose of which is to attempt to address some of the problems with street gangs in Mount Prospect. A number of municipalities in the Chicago area have, adopted measures for the purpose of suppressing gang activity. Additionally, 4. a the State of, Illinois has adopted certain legislation to attempt to accomplish ihis,purpose. As a basis for this ordinance, we used some of the ordinances from. our fellow municipalities, the State law and much of what we had already written in various parts of our Code. With respect to the form of this ordinance, our first objective was to bring all of the exisfilng Mount Prospect legislation dealing with youth offenses and gang type of activity together in one Article. You will note that we have taken our parental responsibility/underage drinking artiele out of the liquor chapter and placed it into this' chapter. We will, however, continue to make reference to it in our chapter on alcoholic beverages. We have added a number of definitions and one completely new section to the underage drinking portion. This memo will cover each section of the new ordinance, except for those which are taken from our existing underage drinking ordinance. 1 jS.agfign 23&.Ql "12gfi0itionj,", The following definitions are new: Course or Pattern of Criminal Activity, Gang or Street Gang, Gang Activity, Juvenile, Unemancipated Minor and Unsupervised. Most of the new definitions were created to enhance the sections relating to street gangs and were done working very closely with the Police Department. One note of caution is that we use various terms throughout the ordinance to relate to different stages of adolescent chronology. For purposes of the use of alcoholic beverage's we use 21 years of age and the general reference in that regard is to "underage drinking In other sections, we speak of minors and use that term to refer to any person under the age of 18. Minors are then divided into the category of emancipated and unemancipated. Mr. Michael Janonis May 2, 1995 Page 2 We have stayed away from the use of the term "juvenile" so as not to confuse that term with the way in which it is used under the Juvenile Court Act which refers to persons under 17 years of age. Sei2iga.22M2 "'E-0banced ftnaffigj fQ,[, f 0 aa e 7.Q12,es"This section assures that a person violating either a local ordinance or state law within 200 feet of any public, private or parochial school must be ordered to perform community service. If the offender is a non -student, that person will be prohibited from going within 200 feet of the school for two years. This section was created upon the recommendation of Trustee Wilkes. it is my understanding that it has been well received by the Police Department and the Police Department School Liaison Officer. Segj*ga,nors,111 This is a very significant section I . Un1,aY&LAssem1*.,,.Qf.M1 . 41 in that it makes it an offense for any person to stay at a premises or in a vehicle when that person knows that an underage person is drinking on the same premises. This is aimed directly at teenage drinking parties. As you are aware, it can be very difficult: for our policemen who find a teenage drinking party to make arrests because as soon as they arrive the drinkers put down their alcohol and unless the officer can testify that he actually .':,- saw the beer in the hands of guests, we do not have a case against the guests. With this ordinance, simply remaining at the party under circumstances where the guests knew or should have known that underage persons were drinking will constitute an offlense. We have made an exception for people "Under 16 years of age who are at their own home and not participating in the drinking. The purpose of this was to protect a younger adolescent who may be at home when an older brother or sister,, perhaps 19 or 20 years of age, is sponsoring a party where underage drinking is occurring. &dLQ13i 23&.1,2. Mda Qf1Qbacco Prgdu= 12 HIM This is a restatement of our existing Section 23-602. d*on, 22AII, "QudgMC. This was previously covered under Section 23-601 of our Code. While it is very similar to our existing legislation, we have tried to clarify the exceptions found in subparagraph C. Once again, this is not significantly different from our existing truancy law found in Section 23-604. It does give a police officer the additional right to reasonably detain a person who appears to be school age and is out in public without a parent or guardian at a time when school is in session. We currently generally regulate the use of firearms under Section 23-109 of our Code. The new section is very specific in Mr. Michael Janonis May 2, 1995 Page 3 prohibiting all firearms from schools, prohibits possession of handguns by persons under 21 (except for very limited circumstances). Further, adults who provide firearms to minors may be vicariously liable for injuries caused by them. sactfoa, 23.J.QA Wmd Is This was our previous 23-404 and has not been changed significantly. We have also included graffiti under this section. Graffiti was previously included under our building code. the new subsection on graffiti makes it an offense, except in certain specific circumstances, for an underage person to be in public with spray paint. Further, it reduces the permitted time for graffiti removal from 14 to 7 days. &9&21*013 2a&17.,"Qa,ng-S-1gns, E,MhJb This section deals with the use of gang signs in public places. Additionally, we make it an offense to after clothing in such a way that the clothing denotes gang membership. Some municipalities have made it an offense to wear certain kind pt tons of clothing, such as certain baseball hats and athleticteam jackets,.. lt,was our opinion that such legislation will ,probably be robablyultimately be struck down by a oourt"' , as too restrictive. We tried to make ours more specific in terms of the altering of the clothing or the wearing of clothing which specifically denotes membership in a gang. �Sogfiogn .22-01. lgftadn . ......... f0i The Eu=w BIW& Gang AC111 a Qf,Qau 'na Lytty FLQ',bi`b-iteC This section makes it unlawful to attempt to recruit for gang membership or to otherwise be in a public area for the purpose of conducting gang activities. this makes it an offense to use the streets or other public places for the purpose of trying to transfer controlled substances. It also gives our police officers the right, under very specific circumstances, to detain persons upon a reasonable suspicion that drug activity may be taking place. I , "Temgo :$W*00 21EN QU.Qglonlng,,-,P.[* Elo Al:::��. This particular section does not necessarily expand on existing police powers. The police currently have the right to detain, for a reasonable period of time, persons whose activity gives rise to a reasonable suspicion that criminal activity may be afoot. This is often referred to as a "Terry" stop, named after the United States Supreme Court case which approved this kind of police activity. Our attempt under Section 23-620 is to make Terry. applicable to gang -type of situations. *tdinor 0.ffg12J.0,IE% ,!SgCVo0 2M-214 _f in ar *!gl milal , -M " r n . g[ Guandian". This section makes parents of unemancipated minors liable for the actual' damage caused to property of third parties by the wilful or malicious act of the minor. It Mr. Michael Janonis May 2, 1995 Page 4 then sets forth the standards to be used by the courts in determining the amount of damages. 620*913 23&220 "mlla,l"'nia,]*nl*n,a,Publ*ic . Once again, this is a significant section in that it permits the Village to seize a building in which drug related or other felonious activity is taping place. mlties; The penalties section now permits a court in cases of an underage person abusing alcohol or drugs to require that the offender attend a licensed evaluation and counseling program in lieu' of paying a mandatory fine. The judges in the Third District, even those who are very-supportive of the provisions of our ordinance, have requested that we consider this provision. aa6gn 18:1814., nMicle, SelzuM and ,This permits the Village to seize and impound veh rclheo► which are being used for drug or other misdemeanor or felony offenses. . If you have any questions,mirth regard to this ordinance, please contact me. =69_1 ° r A00 Too ORDINANCE NO. AN ORD I NANCETOS UPPRESS STREET �GAN G ACTIVITY IN THE VILLAGE OF MOUNT PROSPECT COOK COUNTY9 ILLINOIS WHEREAS, the Village Of Mount Prospect is authorized and empowered toProvide for the Protection of the public health, safety, Morals and welfare; and WHEREAS, the rapidly spreading pattern of street gang activity Poses an immediate threat to the public health, safe ,morals Morals and welfare of the community; and WHEREAS, it is necessary to repel the advance of such activities in the community by every means authorized by the laws of the State of Illinois; and WHEREAS, the Village of Mount Prosorzed and empowered by statute to adopt and enforce the Provisions of this' ordinance; and WHEREAS, graffiti is placed onpublic and Private property by individuals and by groups of individuals who associate together in gangs which endorse the act I ofplacing graffiti on property,* and WHEREAS, the Presence of graffiti onpublic and private property within the Village offends the aesthetic sensibilities of Village residents, decreases Property values I Is destructive to property and fosters criminalactivity; and V\AHEREAS, the President and Board of Trustees of the Village of Mount Prospect hereby find and determine that graffiti as herein defined constitutes a nuisance which should be abated; and WHEREAS, the Village of Mount Prospect is authorized and empowered by statute to enforce the provisions of the Illinois' Parental -Responsibility Law (740 ILC S 115/4 §99. (1992))*0 and WHEREAS, it is thePolicy of the Village of Mt. Prospect to join in any efforts by surrounding communities to curtail unlawful activities; and I WHEREAS, gangs utilize private dwellings and buildings to conductgang-related activities and to recruit gang members, posing an immediate threat to the community. NOWs THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That Section....... -W,,-, VU Nwt ICIFOX Ve % Auil M, 9, A �-.',-a'hdet hlii- at Article VI of Chapter 29 of the Mount Prospect Village Code be amended by deleting them I in theif:'Q3, entirety and inserting in lieu thereof a new Article VI which shall be and read as follows*-, CHAPTER 23 Article VI Age and -Gang Related Offenses Section 23 'A ALCOHOLIC LIQUOR/ BEVERAGE(S): A. Any spirits, wine, beer, ale or other liquid intended as a beverage and containing more than one-half of one percent (.5%) of alcohol by volume. B. Any beverage containing any scientifically detectable trace of alcohol and commonly known as "near beer" nonalcoholic beer", or "nonalcoholic wine," whose taste, color, odor and consistency are similar to the alcoholic beverages known as beer and wine and, VJ except for the reduced alcohol content, is marketed as being similar to beer or wine. CONTROL CSF PREMISES: The legal or beneficial ownership, rental, lease or hol ding ,of a license shall constitute control of property. Control may also exist where none of the aforesaid legal relationshi, s applebut where an adult is otherwise in charge of or charged with controlling a particular premises. 10 0 a a A • A A JFIYTX qP Off 0 wry 10 or more acts by gang members, of the following offenses: murder, drug induced homicide, kidnaping, forcible detention, aggravated assault -discharging firearm, aggravated battery, heinous battery, aggravated battery with firearm, aggravated battery of a child, aggravated battery of a senior citizen, intimidation, compelling organization membership of persons, home invasion, damage or trespass to property, aggravated criminal sexual assault, robbery, armed robbery, burglary, residential burgl'ary,, criminal fortification of a residence or building, arson, aggravated arson, possession of explosives or incendiary devices, unlawful use of weapons, unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections, aggravated discharge of a firearm, mob action/violence, bribery, armed violence, manufacture or delivery, of cannabis, cannabis trafficking, calculated criminal cannabis conspiracy and related offenses, illegal manufacture or delivery of a controlled substance, controlled substance trafficking, calculated criminal drug conspiracy and related offenses. IQ I AM-ItIWA IM LT !11" 71 W.W.00MR."M WMW Vil IMPAIRMENT: Any diminution or compromise of a person's physical, mental or perceptual abilities due to the consumption of an alcoholic beverage. Impairment does not require that the blood alcohol content be in excess of any particular gram of alcohol to milliliters of blood or breach ratio. A 1gj ,r 10 � 1 "QWQXM6 -ft . I I I JUVENI IzEtil if " 4 La f Is, 0 f I'll, 1%41 1"T wd e1w fi-e, 1wrotePu 4 1 % I %a I' y N-, C;A I Q V I jr KNOWINGLY: Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inquiry or inspection. New LEGAL GUARDIAN:A person appointed guardian, or given custody, ofaminor by a Circuit Court of this State. This, does not include a person appointed guardian or given custody of minor under the Juvenile Court Act. MINOR: Any person under eighteen (18) years of age. OPERATION OF A MOTOR VEHICLE: The operation or control of a motor vehicle anywhere in the Village of Mount Prospect, whether on private or public property. To be in physical control, the person need not be actually driving the motor vehicle and the vehicle need not be running. If there is only one person inside of a motor vehicle, that person shall be presumed to be in physical control regardless of the person',s location within the vehicle. If there is only one person in a front seat or front passenger area of a motor vehicle, that person shall be presumed to be in physical control regardless of the person's location in the front passenger area. If there are persons in the vehicle, but not in the front passenger area, the owner of the vehicle or the person to whom permission was given to operate the vehicle shall be presumed to be in physical control of the vehicle. PARENT: A natural or adoptive parent ora court designated guardian. RECKLESSLY: Actin g in a manner or under circumstances such as evince disregard of, orindifferen ce to, consequences involving danger to the property, life or safety of others. UNDERAGE NOR= . Any person under twenty-one (21) years of age. T, q1111 Jill 11 UNEMANCIPATED MINOR: A person under the age of eighteen (18) years still under the I care and custody of his or herparents. t4 UNSUPERVISED: A lack of visual eF efal oversight coupled with lack of sufficient proximity to obtain immediate control over the an item or minor. VICARIOUS 5 LIABILITY: That liability which" is implied as a matter of law even though the person may not have directly caused an injury to another person. WILLFUL: Proceeding from a conscious and voluntary intentional notion 196k) of the will. Sec. 23-602. Enhanced Penalties for Violating School Safe Zones. • all • • lip • Mrs •a REAM 0=0 Sec. 23-603. Regulations with Respect to Underage Persons and Alcohol.• Nothing in this Section shall prohibit any persons under, the age of twenty one (21) years but, at least nineteen ('19) years of age from delivering alcohol to customers, of a Villgg6 �of, Mount Prospect Class D, E, F, G, H, M, Ps R, S, S1, or W license holder while in the employ of the license holder. A. It shall be unlawful for any holder of a retail liquor dealer's license to allow any person under the, age of twenty, one (21) years to be or remain in any room or comipartmen't adjoining or, situated inn the room or place where such licensed premises is located; provided, that this Subsection shall not apply to any person under age who is accompanied by his or her parent in a premises holding a Village of Mount Prospect Class D, E, F, G, H, M, P, R, S, S1, T, V or W license. However, no underage person shall be allowed to remain in the lounge area of a Class f1sof or "S 1 " license holder. Q� B. It shall be unlawful for any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age to consume, purchase, accept a gift of or have such alcoholic liquor in his or her possession, The prohibitions set forth In this subsection (13) shall not apply in the circumstances described in Section 2-3-AQ4 23. 603. C. If a licensee, in the exercise of ordinary judgment, should have reason to believe 'that a salle or delivery f any alcoholic liquor is prohibited be use ofthe age of the prospective recipient,, the licensee shall, before Making such sale or delivery, demand presentation of a fdrm of positive identification, con ini 9 Proof of age, ta * in issued by a public officer in the performance of' his or her official dutiles. i(See Section 23-606� qR D. No person shall transfer, alter or deface any identiflicati ion card use any identifl, cation card of another; carry or use a false offorged identification claird#obtain anidentification rd by means of false information* orotherwise mi is present al e 9 for the purpose of purchasing or obtaining alcoholic liquorin the Village of Mount Prospect. (See Sectioin,23-606) E. In every place in the Village where alcoholic liquor is sold there shall be displayed , at all times in a prominent place a printed card which reads substanfially, as follows* "UNDERAGE DRINKING" If you are under 21, you are subject to a mandatory fine of $500.00 if you purchase any alcoholic liquor. If you misrepresent your age for the purpose of purchasing or obtaining any alcoholic liquor, you will also be subject to restricted driving privileges within the Village of Mount Prospect If you buy for or deliver an alcoholic beverage to an underage person, you will be subject to a mandatory fine of $19000.00. W Sec. 23-604. Consequences of Facilitating the Use of Alcoholic Beverages by Underage Persons. A. Qel*' 1�yl,lll gf1,1* Me �6gQbQW13,gYMgq.to,an!jo,deraa-e--Per It shall be unlawful for any person, regardless of relationship, age or Circumstances, to deliver any alcoholic beverage to any underage person, except as set forth in Subsection (C),, &I - �ee B. U§e of Prem"sg§ fg. rQgnAlmholic ion of ,an Bey grage. It shall be unlawful for any person to knowingly permit or to knowingly or negligently fail to prevent, on premises under his or her control, the consumption of an alcoholic beverage by an 0 underage person. This Section shall apply to both residential and commercial CJ10144, premises. I C., Exceglions. Subsections (A) and (B) of this Section shall not apply in the following circumstances: 1. The performance of a bona fide religious service. 2. The delivery of an alcoholic beverage within the home to an underage p erson, by and under the direct supervision of that underage personts parent. Howeiver', the follo " wing rules shall be applied to thi is Subsection (C,)2,: AP% A is a. In any prosecution of an underage person for the commission of any State or local offense, the prosecutor, upon reasonable grounds, may request a ruling and the court shall rule as to whether - the consumption of an alcoholic beverage, as permitted by the parent, was a contributing factor to the commission of the offense. If it is so determined in the affirmative, then the penalty set forth in Subsection (D) of this Section shall apply. For purposes of this Subsection, the consumption of alcohol may be determined to be a contributing factor if it had the effV of substantially using an Impairment to the person al'i'mpairmen tis defined in this Chapter. It need not be shown that, but for the consumption of alcohol, the offense would not have been committed. b. The parent shall remain vicariously liable as set forth in Subsection (E) of this Section. D. E!enal Any person found guilty of violating Subsection (A) or (B) of this Section shall be fined in the mandatory amount of one Oieuse�nd, dellem Orle -Tlb- Q-:03 " L=: ;. ($1,000.00 ). E. Micarioua i UaLifft Pamft. or Qtb@.r Person Fac'J*tatfiDq,Jb,p,, Use or Abgae o' Afg.g�b.Qjic Beygragga, The following persons shall be liable to any individual who has been injured by an alcohol impaired underage person when the impairment is a contributing cause of the injury: 1. Any person who delivered or permitted the delivery of an alcoholic beverage to the underage person. The person making or permitting the initial delivery to an underage person remains liable to anyone injured by the same or different underage person regardless of how many times the alcoholic beverage changed hands. 2. Any person in control of a premises, who knowingly or negligently fails to maintain supervision to such an extent that an alcoholic beverage is consumed on the premises by an underage person. 3. Any person who knowingly or negligently allows the operation of a motor vehicle under his or her control by an underage person, when the person 'C�,, knew or in the exercise of ordinary judgment should have known that the underage person was either impaired or had consumed any amount of 50 alcohol within two (2) hours prior to when the allowance to drive occurred. The vicarious liability established by this Section shall not be subject to the limitations on damages as set forth in 235 Illinois Compiled Statutes 5/6-21. Sec. 23-605. Unlawful Assembly by Minors. t Except for licensed retail establishments " andr bhlY, �"exteh permli ed by -AN Chapter 13 6f_'th1s1.:Cdd or as permitted by Secti , L-W'� a,-' "0' ion 604 of this Chapter 23, it shall be unlawful for any person under the age of twenty-one (21) years to remain in any motor vehicle, house, apartment, room, hotel room, shed, yard-, or other area when the person knows- or reasonably should know-; that one (1) or more other persons under the age of twenty-one, (21) years IM,.'fle' located in or on the premises are in possession of any e alcoholic beverages. Thi's shall, not apply to persons under sixteen (16) years ofage who are in their own home and are not drinking alcoholic beverages or are not responsible for holding the party or event. Whenever a person is present within any motor vehicle, house, apartment, room, hotelroorn, shed, yard- or other area of which such person is the owner, lessee, permittee, bailee, legal possessor or occupierat the time that a violation of the provisions of this Section occurs, it shall be prima facie evidence that the person had knowledge of the violation. Sec. 23-606. Use of False Identification. Any underage person found guilty of attempting to obtain delivery of an alcoholic beverage by use of false proof of age shall be subject to a mandatory fine of five hundred dollars ($500.00). If the false proof of age was an improperly, use driver's license, the person so using it shall not be permitted, for a period of six (6) months,, to operate a motor vehicle within the corporate limits of the Village of Mount Prospect unless accompanied by 3 GGG� a licensed driver over thirty years of age. (See Section 23-609). Sec. 23-607. False Identification not a Defense. It shall not be a defense to any action brought criminally, civilly or, administratively against any liquor licensee or any other person charged with the delivery of any, alcoholic -beverage to an underage person that such a personproduced false Identification or proof of age. The person or persons hearing and deciding the charges may consider such a claim when determining the penalty to be assessed or the apportionment of damages. Sec. 23-608. Operation of a Motor Vehicle While in a State of Impairment. It shall be unlawful for any underage person to operate a motor vehicle on a street or highway of the, Village while in a state ofimpairment due to the consumption of an alcoholic beverage or with any alcohol at all in his or her system. Forpurposes of this Section only, operation of'a motor, vehicle shall have the definition ascribed to it under the _4%114 - Illinois" Vehicle Code rather than the definition set forth in Section Oil 23 1. of this Chapter. Sec. 23-609. Operation of a Motor Vehicle by Underage Persons with an Alcoholic Beverage in or on the Vehicle; When the Underage Person is Impaired Due to Alcohol or has Alcohol in the System or Is Operating the Vehicle in Violation of a Restriction Pursuant to this Chapter. The, following shall apply when any underage person is found in the Village, operating any motor vehicle Jn which or on which its found any alcoholic beiverage, or when If the underage person is in a state ofirnpairment due to consumption of alcohol or to have alcohol in the system or is found operating a motor vehicle in violation of a restriction pursuant to this Chapter: A. The motor vehicle shall be subject to immediate impoundment by the Police Department. 1-0 B. The following factors shall not be considerations in determining whether or not to impound the motor vehicle: Whether the alcoholic beverage is in an opened or an unopened container. 2. Whether the operator is the owner of the alcoholic beverage in the vehicle. 3. Whether the operator had knowledge of the existence of the alcoholic beverage within the motor vehicle. C. Upon impoundment, the motor vehicle may be released only to another person showing proof of ownership or lease rights to the motor vehicle. ll 1. If the underage operator is the owner or lessor of the vehicle, then the vehicle may be released only to a parent or spouse of the underage owner. If the underage person has no parent or spouse living in the immediate area, the vehicle may be released, upon satisfactory proof of such fact, as set forth in Subsection (D), 5t C6 M D. The motor vehicle may not be released to any person who was a passenger in the motor vehicle at the time the alcoholic beverage or impairment was found unless at least twenty four (24) hours have passed from the time of the finding. E.The vehicle shall not be released until the person seeking the release has paid an adm�lnistrative fee of one hundred fi dollars ($ mww� I L =I, 50. 00) to the Police Department, plus any towing or storage 60sts. F. M C44 V If the operator is subsequently found guilty of driving with open alcohol in a motor W 7 vehicle or possession of alcohol by a minor or of operating a motor vehicle while impaired pursuant to Section 23-60:7 60,8 of this Chapter, that person shall not be permitted fora period of six (6) months I to, operate a motor vehicle within theA:Imits ce 'T of the Village of Mount Prospect unless accompanied by a licensed dnive'r, over thirty years of age. The above obligations and penalties shall be in addition to the. per�ialties that may be assessed in a court of iaw for any charges incident to the stop. H. Anylaw enforcement officer, the Police Department and the Villageand any ofits i officers or agents shall be absolutely 'immune from any [liability or exposure to liability of any kind or nature for the enforcement or Implementation of thi's Section. Sec. 23-610. Procedure for Driving Restriction Notification; Hearing. A. If a person has committed a violation that subjects the person to a restriction on driving in Mount Prospect, such a restriction shall not take place until the Village of Mount Prospect Police Department has sent, by regular mail, a notice of the pending d niving restriction. The notice shall be mailed at least two (2) weeks before the restriction is to go into effect and shall contain (a) a statement that the restriction applies only to the Village of Mount Prospect', (b) the date the restriction is too Into effect and the date on which it ends, (c) a map showing the Mount Prospect Village limits; (d)a notice'that the operator has the night to request a hearing within ten (10) days to determine the validity of the restriction,. The validity of the restriction may be challenged only on the grounds that the person was not the actual person found guilty or that there was no finding of guilty for the underlying offense. B., The hearing shall be conducted by a supervisory member of the Village of Mount Prospect Police Department as appointed by the Chief of Police whose determination shall be final. Sec. 23-611. Penalty for Violating Driving Restriction. 13 13 (a A. Restriction. No person shall operate and no person, including a parent, shall,permit another to operate a motor vehicle within . the corporate limilts ofthe Villagein violation of the restrictions set forth in IS Section 23,-, A" 609fl4 B. Penalty. Any person found guilty of violating this Section shall be fined in the mandatory amount of five hundred dollars ($500.00). Sec. 23-613 612. Sale of Tobacco Products to Minors. If shall be unlawful for any vendor, vending machine operator, tobacco dealer or other person operating a business in this Village where tobacco products are sold, to sell, give or make available to any person less than eighteen (18) years of age any cigarettes, 013T/lyj cigars or other tobacco products except upon the written order of an adult known to the CO()e vendor, operator or dealer. 0 41o,o tj Sec. 23-64+; 613. Curfew. 4=9 Notwithstanding anything contained to the contrary in the Mount Prospect Village Code, the following shall apply with respect to curfew: A. It is unlawfulfor a arson pless than eighteen (18) years of a,9 e to be present at any Public assembly or in any P_U_B 7c b u-ilding C HA Mq FA 0) , pfee—e- Oak sidewalk, street efhighway or other public Place between; , 17 1. 12.*01 a.m. and 6:00 a.m., Saturday and Sunday 2. 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day, unless accompanied and supervised by a parent. B. It is unlawfu] for a per -son less than sixteen (16),yearsof age to be present at any public assembly orin or upon any Public,building, PP*,' sidewa,lk,- street of,, highway or-oth bIJ:d..plAq@ between 1,0*00 p.m. and 6*00 PA Z NEW i �­ I., ^^ ai.m. of the followi "".. ing day unless accompanied and supervised by a parent. C. In addition, a person may lawfully contravene" the curfews set forth In (A) and (B) above if that person is either (1) engaged in a business or occupation which the laws of this state authorize the person to perform, or (2) in attendance at or trave ing 'ng 'jt directly home from a school, place of worship or a not-for-profit community AIIE i organization sponsored activity and the person has on his or her person written permission for the contravention describing a reasonable route of travel from home to the place of work or worship, school or event. )m D. It is unlawful for any parent, legal guardian or other person to knowingly permit a ' , person in his or-, . , h custody or control to violate this section. ".,&n eweentsw6h"ed MML MM -A*kC ALIAM Aft A*� �-Alfdp M%LMML_ AIML lk%L Aft U__L%L %Wf 0 r*V191i wo# 9 7W 9 JWU I Ila ONO& law to AML . ..... A*fiftft Aft, tN .,A, fined not 11114M"Ao U118401 -A Mall, 1''Aft Immkjok #%49 %4 ImPOvOl F4 1111131 U am aft IM, A%L AM AP11k 116� ALLY f 00 , 1E.Of I VT YSAS10 Sec. 23,616 6,140 Truancy. "F-- A. It shall be unlawful for any person under the age of eighteen (18) enrolled in a public, private or parochial school within the corporate limits of the Village, to absent himself or herself from attendance at school during such period when school is in session, without parental permission or valid cause. B. A valid cause for absence from school shall Include Illness, death in the Immedlate family, other family emergencyor other causes, beyond the AIF the person absenting himself or herself from school, provided that parental permission for W. dlue to such a cause Is obtained, In )writing, from the parent and Is submitted to the proper school authorities within twentyfour (24) hours after the absence. 13 �iw 0-.1 a �* % �„ 'k �,Ke.,,k� QS.� �i��Q.ia�, D-✓ M A police,officer may stop and detain a person whom the officer reasonably suspects to be violating this section a reasonable time for the purpose of verifying the person's identity, age, school enrollment and authority to be absent from school. The police officer shall immediately inform the person of the reason for the detention and that he or she will be released upon verification of authorization to be absent t: from school. The person shall not be removed from the scene of the investigatory detention unless he or she refuses to provide the officer with the necessary i n f^ rr" --A +; % P, ki ek wfl V " 1k LTY 00, $ZT-w-1/00 t4MV t A166 AlammIL" is a Wm� I L. 11 EP*J]ffj� ._ I W- 11WIMML 11MLIOU J W A W W -., I Y VW14 I all 14111 4 J%4%01 a - 14 WN It %0*4,01 %Attendeneer a a, 19%441 Milo FAAW......, 1.11.Mae7 Ow5fa OrA P 0 W t -os P se C rt 0 Aj Sec. 23-&S. Firearms Regulation Wfth Respect to Schools and Minors, A Al A It shall be unlawful for any person other than a law enforcement officer to be in possession of any firearm on the premises of any public, private or parochial school. I No emm under the acie-of.1wenty-one (21) may possess a handgun in the Village of Mount Prospect, unless the handg-u"n" �isejng used at a lawful firing range under the direct supervision of a parent. No person shall permit a erson under the, age of t -one p twerill (91 N +f% have a handgun in his or her possession except at a lawful firing range under the direct supervision of a parent. Any person who provides to or permits possession of any firearm of any kind to a person under the age of twenty-one 21Lphall be liable to any individual who has been injured in person or in property on account of the use of the firearm as set forth in Section 23-618 623 of this Article VI. Penafty. 14 Any person found guifty of violating subsectillon A. Bor C shall be fined not less than )usand Dollars ($1 0,00.100) and thefirearm shall be ordered clonfiscated b )One Thoi 'Y the Mount Prospect Police Departiment., The only exception to the order of c , h onfiscafton shabll e f a third party. w )o is legally able to possess a firearm in the State of Illinois provesi,,, by clear and convincing evidence that the firearm, was taken from the third party without the third party s consent. Sec. 23-G1:7 616. Vandalism. A. (5 aneral. It shall be unlawful for any person to commit any of the following acts within the corporate limited of the Village; 1 Wilfully, maliciously, recklessly or knowingly damage, deface or destroy any property of another person without hisronsent-I or �'jr 'W 2. Wilfully, maliciously, recklessly or knowingly start a fire on the land of another person without his conseft, or k t 3. Wilfully, maliciously, recklessly or knowingly deposit on the land or in a build * ing of another, without We #2100 M,"" consent, any stink bomb or other offensive smelling compound and thereby interfere, with the use and occupancy by another of the land or building; or 4. Wilfully, maliciously, recklessly or knowingly and without authority enter into any building, house, trailer, motor vehicle, aircraft or watercraft, or any part thereof, of another person without Ne thi, 'p conse, B. +0 tam Graffitlin public view ishereby declared to be a nuisance, as set forth in the Code of Ordinances of the Village of'Mount Prospect and is subject,to the provisions regarding i nuisances and abatement, further: It shall be unlawful for any person to place graffiti upon any public or private property whether real or personal. At & 2. It shall be unlawful for the owner and/or occupant of fixed real orpersonal property which is in public view to place or give permission for the placement of any graffiti on the property. I 15 M 3. It shall be unlawful for any person under twenty -one J21) years of to possess, while in any public building or public facility or while on privy I to property, other than, the home or apartment which is the domicile of the person, a spray paint container, paint, ink, marking pen which contains a fluid which is non-water,soluble when dried or a brush, applicator,, or any other material or marking, scratchingor etching. ng. It shall be anaffirmative defense to any charge brought pursuant to this section that the defendant was engaged in a bona fide business or educational pursuit in the building or on the property involved in the charge that required the use of the otherwise contraband marking material. 4. It shall be unlawful for any owner of real property or governing body of an association responsible for the common areas of any real property upon nj which graffiti is placed to fail to remove, cover or otherwise eradicate such graffiti within seven (7) days of receipt of -a notice to remove t!M graffiti by the cop 00 Village. W bibcovIIA" 0 1 4c Eenalti 1. The penalty for a violation of subsection A shall be a fine of not less than Two Hundred Dollars ($200-00) nor more than One Thousand D flars ($1,000.00) for each offense. U) AS sqtj C, I rinpt 2. The penalty for violation of Subsection (13)(1) shall be a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars NE W ($1,000.00). In addition to the fine, the offender may be ordered by the Court to pay restitution to the property owner for the costs of restoring the property to its state prior to the application of graffiti. 3. The penalty for violation of Subsections (13)(2) and (3) shall be a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) and a separate offense shall be deemed committee on each day during or on which a violation occurs or continues. 4. The penalty for violation of Subsection (13)(4) hereinabove shall be a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred • Dollars ($500.00). Sec. 23,648 617. Gang Signs Prohibited. 16 A. It shall be a violation of this ordinance ' for any person to display, demonstrate or "throw" a gang sign that may be seen or received by other persons who are in or on any public place within the Village. B. It shall be a violation of this ordinance for any person to wear any clothing which has been made or altered to show an �names, insignia or information or to wear clothing that otherwise demonstrates allegianceto a gang. s U"A &ON t -aa A,= 1 '10 'a CLftAlg�&,Kft W u gy Pef:90M r'AfaOf 0 IUV7 N=--f-rus, 0 # • • ,rte r A LM"�t a MOWIA "AL -M in 0111LIt Lwll� 0 NPAW -L All sip. W wY W OW W f � # 01 0 0 0 jj 0 Z • The person is a known illegal user, possessor or seller of cannabis or controlled substance, or the person is loitering in a place frequented by persons who are known to illegally use, possess, transfer or sell cannabis or -r4A controlled substances; and 2. The person repeatedly passes to or receives from passersby, whether such passersby are on foot or in a motor vehicle or other form of transportation, money, objects or written matedal that an experienced investigator appear to be for the purposes of inducing, enticing, soliciffing or procuring another to i illegally possess, transfer or buy any cannabis or a controlled substance. 17 C. If the circumstances of'subsection B above, are not present, a person may be deemed to, have violated this Section 23-6-20 619 only if the person demonstrates a sped I *fic, 'ntentto indue, ic, entice,, Solicit or procure another to illegally possess, transfer or buy cannabis or a controlled substance. D. A peace officer may not arrest a person for violation of this Section 23-629 619 unless the peace officer first offers the person an opportunity to explain the suspicious conduct. E. For the purpose of this section, a "known illegal user, possessor, or seller of controlled substances or cannabis" is a person who, within one (1) year previous to the date of arrest for violation of the section, has been convicted I& illegal manufacturing, using, possessing, selling, purchasing or delivering any controlled substance. F. Any person found to have violated any provision of this section shall be fined not less than Two Hundred and Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000-00) for each offense. Sec. 23,6216.20. Temporary Questioning Prior to Arrest A. A peace, officer, after having identified himself or herself as a peaceofficer, may stop any person, 'in a public place for a reasonable period of time when the person is wearing known gang colors, emblems or other gang insignia-; and the officer reasonably suspects from the circumstances that the person is committing, is about to commit or has committed any offense, including those set forth in this Article VI. Once stopped, the officer may demand the name and address of the person and any a explanation of the person's actions. Such detention and temporary questioning will be conducted in the vicinity of where the person was stopped. B. When a peace officer has stopped a person for temporary questioning pursuant to Subsection (A) and the officer reasonably suspects that the officer or another person is in danger of attack, the officer may search the person forweapons. If an officer discovers a weapon, the officer may take it until the completion of the questioning, at which time the officer shall return any lawfully possessed weapon. Sec. 23-622 621. Minor Offenders; Financial Responsibility of Parent or Lega,.-, Guardian. A. The parent f an unemancipated fle, minor is liable for actual damages for the J%4 V %,t Im.0 w 'lful or mai"cious acts of e thminor which cause injury or loss, to the I IAV%.1114 f property of the public or any person. M NEw 'C;23.0'Yos A. Any building or dwelling used in the commission of offen,sesprohibited bs, y Section 9-1, 1Q-1, 11-14, 11-15,10 11-16,11-17, 11-20.1, 11-21,111-22,12-5.1,16-1 111, 20-2,23- 1, 23-1 (a)(1), 24-1 (a)(7), 24-3, 28-1, 28 3, 31-5 or 39A- 1 of the 1111,11inois Criminalmm 19 Code 496, , or prohibited by the "Illinois Controlled Substances Act," or the "Cannabis Control Act,,' or used in the Commission of an inchoate offense relative to any of the aforesaid principal offenses, or used to engage in gang related activities is a public nuisance. B. PSI Any person violating this Section 23-623 624 shall be fined not less than Five Hundred Dollars ($500.00). Furthermore, if the person is not the owner of the building being used for gang -related activity, the Court may order the offender to pay restitution to the owner for the costs of any damage caused by gang -related activity, unless the owner knew or should have known that such activity was taking place and negligently or willfully failed to notify the Village of the occurrence of the activities. 1. The Village of Mt. Prospect may after fourteen (14) days and within ninety (90) days of giving the Attorney General and the State's Attorney of Cook County written notice by certified or registered mail of the fact that a public nuisance as described in this section exists, commence an action to abate the nuisance in accordance with the procedures delineated below provided that the Attorney General or the State's Attorney of Cook County has not already commenced a similar action. 2. The Village of Mount Prospect may commence an action to abate the public nuisance in the Circuit Court of Cook County. Upon being satisfied by affidavits of other sworn evidence that a public nuisance exists, the Court may without notice or bond enter a temporary restraining order or preliminary injunction to enjoin any defendant from maintaining the nuisance and may enter an order restraining any defendant from removing or interfering with all property used in connection with the public nuisance. If during the proceedings or hearings upon the merits, which shall be in the manner of the "Controlled Substance and Cannabis Nuisance Act" (740 ILCS 40/0.01 'et. seg.. 1992) the existence of the nuisance is established and it is found that such nuisance was maintained with the intentional, knowing, or reckless permission of the owner or agent of the owner managing the building, the court shall enter an order restraining all persons from using the property for a period of six (6) months thereafter. Provided that an owner, lessee or other occupant may use such place if the owner shall give bond with sufficient security or surety approved by the court, in an amount not less than Ten Thousand Dollars ($10,000.00), payable to the Village of W. Mount Prospect, and including a condition that no offense specified in subsection (A) above shall be committed at, in or upon the property described and a condition that the principal obligor and surety assume responsibility for any -)0 fin.ars ,costs or dam I ages i resulting 'from such an offense., Nothing in this, Article V1 shall prevent, the Village from seieking the derrioon or placernent into 4150 receivership of any struicture declared to be a nuisance pursuant to thl's Section 23-6,23,yro amended shall be added to Chapter 18 which shall be and read as follows: Sec. 18-1814. Vehicle Seizure and Impoundment. A motor vehicle operated with the knowledge of the owner or lessee of record and that is used in the violation of the Criminal Code of 1961 (720 ILCS, pars. 9-1, 9-21 9-3.31 11-6,11-14,11-159 11-15-1,11-16, 11-17,11-18,11-18.10 11-19,11-19.1, 11-19-21 12-21 12-39 12-3.2112-4112-4.11 12-4-2112-4.3112-4-4012-4.6,12-4.7112-61 12-7.11 12-7.40 12- 13, 12-14v 12-15,12-16,12-16-1112-16-2112-16-3112-16.4,12-16.5119-1, 19-2119-3119- 41 19-51 20-11 20-1.1, 20-21 21-11 21-21 21-3, 21-40 21-5, 21-6, 21-7, 24-11 24-1-21 24-2.11 24-3.1, 24-3.3 or 33A-2) or in violation of paragraphs 704, 705, 705.1 1 705.2, or 708 of the Cannabis Control Act (720 ILCS, pars. 704, 705, 705.10 705.2, or 708) or in violation of paragraphs 1401, 1401.1 or 1402 of the Controlled Substance Act (720 ILCS, pars. 1401, 1401.1 of 1402, or similar provision of local ordinance) shall be subject to seizure and impoundment. The owner of record of such vehicle shall be liable to the Village for an administrative fee of One Hundred Fifty Dollars ($150.00) in addition to fees for the towing a and storage of the vehicle. Whenever a person is present within any motor vehicle of which the person is the owner, lessee, permittee, bailee, legal possessor or occupier at the time a violation occurs, it shall be prima facie evidence that a person had knowledge of the violation. A. Whenever a police officer, has probable use to believe that a vehicle is subject to seizure and impoundment pursuant to this, section, the police officer shall provide for the towing of the vehicle to a facility, controlled by the Village or its agents. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner's right to request a preliminary hearing to be conducted under this section. B. Whenever the owner of a vehicle seized pursuant to this section requests a preliminary hearing within twelve (12) hours after the seizure, a hearing officer as appointed by the Chief of Police shall conduct'such preliminary hearing within forty- eight (48) hours after the seizure. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible. If, after the hearing, the hearing officer determines that there is probable cause to. believe that the vehicle, operated with the knowledge of the owner, was used in the commission of any crime set forth in this section, the hearing officer shall order the continued impoundment of the vehicle as provided in this section, unless the owner of the vehicle posts with the Village a cash bond in the amount of One Hundred Fifty Dollars ($150.00) plus fees for towing the vehicle. If the hearing officer determines that there is no such probable cause, the vehicle will be returned without penalty or other fees. C. Within ten (10) days after a vehicle is seized and impounded pursuant to this section, the Village shall notify by certified mail, return receipt requested, the owner and/or lessee of record of the date, time and location of a hearing that will be conducted pursuant to this section. The hearing shall be conducted no later than forty-five (45) days after the vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. If, after the hearing, the hearing officer determines by a preponderance of the evidence that the vehicle, operated with the knowledge of the owner, was used in the commission of any of the violations set forth in this section, the hearing officer shall enter an order requiring the vehicle to continue to be impounded until the owner pays an administrative fee of One Hundred Fifty Dollars ($150.00) plus fees for towing and storage of the vehicle. The fees shall be a debt due and owing the Village, However, if a cash bond has been posted the bond shall be applied to the fees. - If the hearing officer determines that the vehicle was not knowingly used in such violation, he or she shall order the return of the vehicle or cash bond. 22 M D. Any motor vehicle that is not reclaimedwithin t, "rty (30) days after the expiration of the time during which the owner of record may seek Judicial review of the Village"s action under this section, or the time at which a final ju;d ment is rendered in favor j 9 of the Village, may be disposed of as an unclaimed vehicle as provided by law,. As used in this section, the owner of record" of a vehicle means the recordt,itIe holder. E. Fees for towing and storage of a vehicle under this section shall be the same as those charged pursuant to, Section of this Code. F. This section shall notreplace or otherwise abrogate any existing state orfederal laws or local o inancespertalinjing to vehicle seizure and impoundment including, but not limited to those set forth inSection 23-609 of this Code,. -SECTION All prior ordinances and r6 olutions, in conflictor inconsistent herewith are hereby expressly repealed only to the extent of such conflict or inconsistenc y. SECTION 46* This ordinance shall be in MY force and effect upon its passage and approval. PASSED: This day of 1995. AYES: NAYS: ABSENT: PASS: APPROVED by me this day of '111995. President of the Village of Mount Prospect ATTESTED and FILED in the office of the Village Clerk this day of 39841 1995. Village Clerk 23 A Am, Teens and Parents for a Better Mount Prospect 100 South Emerson Mount Prospect, IL 60056 (708) 255-1820 June 26, 1995 Trustee Irvana Wilks Village of Mount Prospect 100 S. Emerson Mount Prospect, IL 60056 I've enclosed a set of recommendations from TAP Mount Prospect on your proposed Gang Suppression Ordinance. This is the Ordinance that Mayor Farley wanted TAP to review before it went to the Village Board and that you presented at our TAP meeting on April 22nd. I understand the Ordinance is next scheduled for discussion at the July 11 th Committee of the Whole meeting. I'm sending you these recommendations well in advance of the meeting so you can decide whether to incorporate any of them in the draft to be discussed at that time. I'd like to acknowledge the contributions of various people who took the time to review your proposal, to comment on it, and to suggest alternatives. A TAP Law Enforcement Subcommittee met several times to discuss the ordinance: Mary Lynn Bower, Cynthia Braus, George Cloves, Todd Forrest, Marilyn Genther, Russ Haak, Eileen Manno, Ron Pavlock, Karen Uhren, and Patti Walpole. Together with Todd Forrest and Ron Pavlock, Patti Walpole also met with three groups of Prospect High School students to get their views on the proposed ordinance. I'm particularly grateful to Mike Stevens, the principal of Prospect High School, who generously gave up part of the time he wanted to spend with these three groups (his Principal's Advisory Groups) so that we could hear the views of high school students on two aspects of the proposed ordinance: curfew restrictions and unlawful assembly. TAP youth members provided their input at two regular monthly TAP meetings and at two additional Saturday morning meetings. Prospect High School students Mike Elliot and Jenny Van Winkle also felt strongly enough about this ordinance to spend three hours discussing the pros and cons at one of these Saturday morning meetings. To everyone who spoke up: Thank you. Having everyone speak up and express their opinions produced a very wide range of views, which was good --- but it made our job of coming up with a set of recommendations even more difficult. However, we did develop a set of recommendations (those listed) that we could agree on. Here's how we did it. In weighing the provisions of the proposed ordinance and the views expressed about them, we kept coming back to something we could agree on: the purpose of TAP Mount Prospect, which is 'To promote youth as responsible citizens in Mount Prospect." The purpose of TAP Mount Prospect is to promote youth as responsible citizens in Mount Prospect Our mission is to provide a safe and secure environment for a// citizens in our community. TAP Mount Prospect Recommendations - 2 - June 2f, 1995 The following considerations also will help in understanding how many of TAP's recommendations were developed: If we want young people to learn how to accept responsibility and to develop their decision- making skills, we cant do it by reduc'r their ability to make choices. We should be delegating more responsibilities to them so that they can learn how to make choices on their own and accept the consequences. It's better to have them do this before they go off to college, while they still have the support and advice of their family close by. a ail If we want the law to be regarded as fair, then it needs to target those who are doing wrong rather than those who may be doing wrong. If the innocent and guilty alike are snared by a law enforcement net, then the innocent quickly develop the same resentment of law enforcement officials that wrong -doers exhibit. It's important to limit the target to wrong -doers to avoid this situation. i23, The original focus, of this ordinance was, gang suppression. That was and is still a good focus, appropriately limited in scope for a model ordinance. Reorganizing the Village code at the same time diffuses this tight focus on gangs and gang activity. For example, many people brought up the point that gang offenses aren't age-related --- they're illegal at any age. For convenience,, our recommendations are grouped as follows: - Underage Drinking * I - Additional TAP Recommendations re Driving and Drinking (Underage and Adult) - Age -Related Offenses - Criminal Damage to Property (not Age -Related) - Increased Penalties 100 - Gang -Specific Items As you will note from the recommendations, there are some hems that we think TAP should review further in this area, but we thought it was more important to finish the gang -related recQ.mMendations first. I hope you find merit in the recommendations we have developed with the help of young people in Mount Prospect. I'd be glad to answer any questions you may have. S Oincerely, George Clowes Chairman - TAP Mount Prospect .... ........ The purpose of TAP Mount Prospect is to promote youth as responsible citizens in Mount Prospect Our mission is to provide a safe and secure environment for all citizens in our community. EXISTING VILLAGE PROPOSED CHANGE RATIONALE FOR EXPECTED RESULT TAP ADULT TAP YOUTH TAP CODE CHANGE OF THE CHANGE COMMENTS COMMENTS RECOMMENDATIONS UNDERAGE DRINKING Penalties Mandatory penalties Add counseling as a I sentencing option Fee $250 impoundment fee Reduce to $150 Qnlg_Ul embly of Minors Evidence of underage Creation of new offense drinking required for of Unlawful Assembly of charges re underage Minors drinking at parties, in cars, public places, etc. Added flexibility In Judges will use it. Concern with diverting sentencing offenders in lieu of fine. Make counseling an addition to the fine --- but some parents don't have the money anyway. Add counseling as a sentencing option, but NOT for first-time offenders. Same for other offenses, too (get their attention first). Reflects actual cost Still a deterrent. OK OK but $100-$500 fine for underage drinking needs review -- intent was mandatory $500. Some of the guilty may get off because of the difficulty the police sometimes have in bringing charges when underage drinkers quickly put down their drinks. (a) Easier for police to arrest everyone; (b) Innocent are punished; (c) May discourage non- drinkers from attending drinking parties; Intent is good, but concern over punishing the innocent. Should allow teens to prove they've not been drinking --- but then you're guilty until proven. Innocent. "Minors" should be "Underage Persons". But what Is the problem that needs to be addressed here? Split. OK to discourage non-drinkers from staying at drinking parties, but not OK to punish them --- If you're going to be found guilty anyway, then there's no reason to follow the law and not drink. Some teens make sure friends who drink get home safely. Since the police can successfully charge underage drinkers based on observation of eyes and breath, this isn't needed. But further review of the current law Is needed because we need to hold the person In charge of a party more accountable (like a property manager acting knowingly/negligently). Move Underase DrInking out of Liquor go Lde Underage Drinking Move underage drinking Supposedly easier for None, except for Liquor Dilutes the Impact of the Leave In Liquor Code. Ordinance Is an Integral code out of Liquor Code police to find the code.. Code coming in two underage drinking law. part of the Liquor Code to Age -Related Offenses parts for liquor dealers. Leave in Liquor Code, TAP MOUNT PROSPECT RECOMMENDATIONS 6,122195 -- PAGE 1 FEA"'ISTINCODE G VILLAGE I PROPOSED CHANGE I RATICHANGE ONALE FOR SOF THEXPECTED CHANGELT RESUI TAP ADULT COMMENTS ADDITIONAL Ap RECOMMENDATIONS RE DRIVING AND DRINKING GE AND ADLIM, Dade Drin�kln—nd Drivii-a aL — - ---- _g (a) Include state penalty In posted warning; (b) Include public premises In 'premises'. Adult Drinking and Driving Dr ut a Valid- License and/or Insurance L13 0 , 44 1 IF TAP IgellylliTi[MI RECOMMENDATIONS (a) Include state penalty In posted warning; (b) Include public premises in 'premises. Include all Intoxicated Include all intoxicated drivers in impoundment, drivers in impoundment, not just underage not just underage drivers. drivers. However, this can't be done because of Double Jeopardy. Impound vehicles where driver has no license or suspended license or revoked license or no insurance. Impound vehicles where driver has no license or suspended license or revoked license or no Insurance. This could be done if the driver Is not the owner. The Impoundment fee Is then a penalty to the owner for negligently allowing an unqualified person to use his/her car. TAP MOUNT PROSPECT RECOMMENDATIONS 6122195 — PAGE 2 EXISTING VIL IMPOSED CH CODE I I RATIONALE FOR EXPECTED RESULT I TAP ADULT I TAP YOUTH TAP CHANGE OF THE CHANGE COMMENTS COMMENTS RECOMMENDATIONS Curfew Probably no effect on Provision Is too broad --- Split. Good Idea, but Stay with the current for youth under 18 detain any person not in flexibility. If under 17 years old, Apply current curfew to Appears to be mainly for Probably none. Runs counter to TAP' s Infringes rights; don't (a) Stay with existing you must not be out ages 16 and 17; add the safety of children, ["Curfew won't keep efforts to treat teens as raise age; doesn't treat hours and ages, without 11 PM-6AM Sun -Thu and I QPM-6AM curfew for rather than to reduce gangs off the streets responsible citizens. youth as responsible; permission slip, etc. 12AM-6AM Sat -Sun under 16's. Must carry crime. because gangs don't Don't pass law If it won't 1OPM OK for under 14's, (b) Education needed re parental permission slip care."] be enforced. Change but many events go curfew hours and driving and written route home wording of "may lawfully after 1OPM; should have restrictions/insurance If you're out after curfew. contravene." more responsibility at 16 coverage after curfew. Truanc Defined as an offense Allow police to stop and Gives police more Probably no effect on Provision Is too broad --- Split. Good Idea, but Stay with the current for youth under 18 detain any person not in flexibility. criminal activity, but gives police too much treats youth as criminals truancy law, without enrolled in any school. school; If responses are there would be a power. They already not responsible citizens; adding the police stop unsatisfactory, further diminution of civil can stop actual truants concern re ha_ vine to provision. detention may result. liberties. with info from schools. give info to police. good results with an To �co Sales to -Minors Prohibited to under 18's. I increased fines Restores deterrent value. I OK Clean up code, too. OK Clean up code, too. Not in existing code. No one under 21 may Used by gang members Could have little or no Split. Markers seem to Too broad; penalizes Such restrictions are not possess spray paint for marking territory; this effect since gang be the biggest problem good kids; If a problem needed. However, cans, etc. except for would make it more members do not respect in schools. at schools, ban them willing to reconsider If educational or business difficult for gang the law anyway. there; would it reduce there's a town that got pursuits (Defense only members under 21 to vandalism? Strengthen good results with an after charges are filed). obtain such instruments. penalties Instead. ordinance like this. Financial Bmmsibilitv of Paregg Parents held responsible Minor changes for damages by children. Firearms Very restrictive. Various prohibitions made explicit; vicarious liability added. I Unknown, since existing Financial responsibility Is code covers most of the already in Village code, proposed changes. but not vicarious liability. I Stay with current code; but add vicarious liability. TAP MOUNT PROSPECT RECOMMENDATIONS 6122195 -- PAGE 3 ya-mLallsrn OK --- but another (a) OK Unlawful under existing Update penalties. (b) OK code, with restitution deter graffiti and (c) OK provision. vandalism after dark (d) Leave In Property Graffiti would be lights activated Maintenance Code since Simply requires graffiti (a) Declare graffiti a (a) ? removal within 14 days. nuisance, and define; (b) Board had already (b) Remove In 7 days; planned to review this; (c) Increase fines; (c) Bring up-to-date; (d) Move from Property (d) ? Maintenance Code. INCREASED PENALTIES Lchool Safe Zongij Defined in State code but not In Village code. Create a School Safe Zone and Impose enhanced penalties for various gang, drug, alcohol, and other offenses committed In that Zone. To deter criminal activity around schools. Restores deterrent value. OK (a) ? (b) Spur to action; (c) Deterrent; (d) Landlords will get two sections of code. Would send a strong deterrent message to criminals who see young people as attractive targets. Some would get the message and respond accordingly; those that didn't would suffer heavier penalties. OEM=it I I Do we really need the OK --- but another (a) OK definition since we've alternative for parks to (b) OK lived without it until deter graffiti and (c) OK now? Doesn't it come vandalism after dark (d) Leave In Property under Criminal Damage would be lights activated Maintenance Code since to Property? by motion sensors. It's not necessarily gang/age related. Penalties should be sufficient to deter criminal activity anywhere; concern with Innocent people getting caught up by this. However, schools are an attractive target because of the numbers of children available. OK to put Increased penalties for vandalism and graffiti on school property but not on streets and homes near schools. Good idea to keep gang recruitment away from schools (assuming the ordinance does affect gang recruitment). (a) Restrict to time school Is in session or having activities; (b) Apply also to parks and Commonwealth Edison right of way (i.e., Child Safe Zones); (c) State code does not cover all the offenses covered by this, but make sure this applies to weapons also. TAP MOUNT PROSPECT RECOMMENDATIONS 6122195 — PAGE 4 EXISTING VILLAGE PROPOSED CHANGE RATIONALE FOR CODE I CHANGE GANG -SPECIFIC ITEMS g&qgLa_nd ga� n �Actb& - Defined In State code Add State gang but not In Village code. definitions to Village code; also clarify definitions for youth. Village's Disorderly Prohibit display of gang Conduct code (23.101) signs and wearing of covers "act[s] likely to gang clothing. produce violence." I Lolterin Covered In Village code under 'Disorderly Conduct' (23.101). Prohibit loitering for gang recruitment or for participation In gang - related activities. Required to specify gang -related violations. Shows Village has zero tolerance for gangs. To stop recruitment Into gangs. EXPECTED RESULT OF THE CHANGE Diminution of civil liberties; reduction In obvious gang signs and obvious gang clothing. Probably none --- police already can stop and question known gang members. Intimidation already is a crime, too. Loftgqng_Rg!gj ed - Lo- Purchase, Use. Sale PoaLejLlot f Dws May be covered already Prohibit loitering for use, Sets up guidelines in More successful in Village's Disorderly purchase, possession, Village code so as to be prosecution of conduct Conduct code, and or sale of drugs. more specific for I of illegal activities. maybe In State code. succeWul prosecution. Tem ram Questioning Prior to., Arrest Not covered in existing Permit police to stop, Helps police do their Probably none - police Village code, but question, and search jobs and provides legal already can do this permitted under people wearing gang justification for their (Terry stop). Supreme Court ruling. Insignia based on a actions. reasonable suspicion of criminal activity. 0 ;JF -,1911J 1"M JA I A I A TV TAP YOUTH COMMENTS Are gangs illegal? What Use State definition of If a member has no gang to ensure gang knowledge of the gang's activities are made criminal activities? illegal. Prohibit knowing display Concerns regarding Limit to clothing that's of gang signs and protection of freedom of obviously been altered clothing. But concerns expression. to show affiliation with re enforcement. an illegal organization. Why restrict just to gangs and gang -related activity? Wannabees cause trouble but aren't gang members yet. Is it covered already by local or State code? Split. How can you make Remove this provision --- recruitment Illegal? How existing code covers will police decide what is loitering and intimidating loitering and what isn't? behavior, not just by Gang recruitment not a gang members. problem for most kids. What Is the rationale? OK Include In Village code If there is a compelling Justification. TAP MOUNT PROSPECT RECOMMENDATIONS 61-22195 -- PAGE 5 EXISTIING VILLAGE PROPOSEDICHANGE CODE Mal ic Nulsa Not covered In existing Village code, but covered by State code (with a much lower bond posting). We PermitVillage to file suit to shut down buildings where convictions have been made for drug transactions or gang - related activities. Owner must post $10,000 bond to use the property, but Village may also seek demolition of building or place it Into receivership. Vehicl-PlelzuL e grd Imng_unqM_ent _ Not covered In existing Permit Village to seize Village code, but and Impound vehicles covered by State code. when there is probable cause they were used In criminal activity. (a} Gives Village the flexibility to respond to various situations; (b) Permits police to work more closely with Village Prosecutor rather than State's Attorney on offenses which are of a higher priority to the Village than to the State's Attorney. RATIONALE FOR CHANGE To enable Village to act more rapidly than State's Attorney's Office, and to discourage building owners from allowing (not reporting?) Illegal activities. The Village would not really "seize" the building. Law was originally developed to shut down houses of prostitution. To discourage dealers from carrying out criminal activity from their cars by taking their car away from them. Allows our Village Prosecutor, rather than State's Attorney, to file the charges covered In this Ordinance. The State's Attorney would still handle all "serious" crimes (e.g., battery, unlawful use of weapon, etc.). EXPECTED RESULT I TAP ADULT OF THE CHANGE COMMENTS Expectation Is for our Village Prosecutor to be more responsive than the State's Attorney and thus provide more rapid crackdown on continuing Illegal activity from a house, apartment building, or condo building. Not known, since it's already covered in the State code. Would permit the Village to crack down on the early stages of gang activity, before the conduct Is serious enough to qualify for handling by the State's Attorney. Work with State's Attorney's Office to develop better working relationship. Close down just the apartment, not the whole building --- otherwise no Incentive for tenants to report criminal activity. Need Incentive for owners and tenants to got problem tenants out. Look at ways of achieving same result by somehow escalating the situation. Some opposed to asset seizure before conviction at a trial. Concern re duplication of State laws In Village code, If they are not required to fill significant gaps In the State code (as we did with the Underage Drinking Ordinance). Ensure that all proposed laws are really necessary. TAP YOUTH TAP COMMENTS RECOMMENDATIONS (a) Provide Incentives for owner/manager/tenants to get criminals out; look at other alternatives; (b) Hold property manager (in control of premises) responsible; (c) Administer like property maintenance violations --- Impose a fine for each incident; (d) Work to Improve responsiveness of State's Attorney's Office (Board issue). OK but look at other ways of achieving the desired result (discouraging the criminal activity). (a) Support Improving Village's responsiveness; (b) Keep it simple --- duplicate only what Is absolutely necessary; (c) Develop procedure for regular review to keep In synch with duplicated State law. TAP MOUNT PROSPECT RECOMMENDATIONS 6122195 — PAGE 6 June 30, 1995 Draft shared with District 26 Board of Education prior to Village - Committee of the Whole Meeting. July 11, 1995 Village - Committee of the Whole will discuss plan. Dr. Smalley and two District 26 Board members will attend meeting. July 1$, 1995 Administrations of both governmental units will submit plan to their respective Boards for approval. July 24 - 31.9 1995 Interviewing for School Resource Officer will be conducted by the Mt. Prospect Police Department. Preferred candidates referred to River Trails Middle School Administration for second interviews. August 1 - 32 1995 River Trails Administration will conduct interviews and make a selection. August 4, 1995 The name of the selected candidate will be submitted to Police Chief, Ron Pavlock. August 7 - The SROrwill.participate in various Mm of training as well as fulfill October 1, 1995 police department commitments. Parent informational meetings will be held to explain the program. Staff inservice meetings regarding role of the School Resource Officer will be conducted. October 2, 1995 The School Resource Officer will start at River Trails Middle School. 20 Agireement including Job Description and Employee Evaluation. (See attached SdKxA Resource Officer Agreement) This agreement entered into as of July, 1995 between the Village of Mt. Prospect (hereinafter Village) and the Board of Education of River Trails School District #26, Cook County, Illinois (hereinafter Board). WHEREAS, the Board wishes to have available the services of a police officer during the school year who will act as School Resource Officer (hereinafter SRO) in the River Trails Middle School maintained by the Board-, herein. WHEREAS, Village is willing to supply services to such a SRO under the provisions contained NOW, THEREFORE, the parties agree as follows: i Beginning on the first day of required staff attendance and continuing for each day school is in session until the last day school is in session, a police officer acceptable to the Board's representative shall be assigned to the River Trails Middle School for full employment based on an eight hour day. Section 2: While at River Trails Middle School, the SRO shall cooperate with the Board representative in carrying out SRO duties. Section 3: Should the Board of Education or Mt. Prospect Police Department Police Chief become dissatisfied with the performance of services by the assigned SRO, the representatives of River Trails Middle School and representatives of the Police Departmenteshall work together to ensure the assignment of a replacement. Each party has the right to terminate the arrangement at the end of any month upon giving thirty (30) days notice, in writing, to the other party. At all times, the SRO shall remain an employee of the Village which shall be fully responsible for all employee -related obligations. The Board shall reimburse (said village) for 100% of the 12 -month base salary for police officers in Mt. Prospect unless a specific selected officer's salary is less. In such case, the SRO will be paid the lesser of the two salaries. The Village will bill District 26 for ten (10) equal payments beginning in September. Section, 5: The Board shall make payments of the 100% to the Village on the basis of 1/10 of the total 100% on the first day of each month beginning on September 1 and ending on the following June 1. IN V9?, NESS THEREOF, the parties have caused the agreement to be executed by their duly authorized officials. VILLAGE OF MT. PROSPECT L"W RIVER TRAILS DISTRICT 26 BOARD OF EDUCATION M Frye Components of School Resource Office Plan Page 2. SCHOOL RESOURCE 0 CER RIEVER TRAILS, MIDDLE SCHOOL The School Resource Officer (SRO) serves as educational liaison between the middle school community and the local police department. He/She is expected to enforce state laws, municipal ordinances and applicable middle school rules and policies. Since the SRO will have potential contacts with many students, parents and staff members, he/she should have excellent communication skills. Furthermore, he/she should be a youth officer knowledgeable of police department procedures and municipal and state laws as they apply to juveniles. Additionally, the SRO should exhibit concern and an understanding of youth problems. Assistance provided by the SRO to middle school personnel should promote a helping relationship that will enhance a positive image of our local police departments. River Trails Middle School Principal SPECIUFIC DUTEES BY CATEGORY: 1'. EDUCATIONAL, a. Assist with planning the District's drug education program. Work with school social worker, Discipline Review Committee, D.A.R.E. Officer, etc. b. Provide information to school personnel, students and parents concerning the Juvenile Court process. C. Make presentations to students, parents and staff members on law and law enforcement, safety, and good citizenship. AV d. Promote a working relationship with other school special services staff. 2. SOCIAL/EMOTIONAL Participate in individual or group counseling including peer mediation and conflict resolution sessions whenever requested by a member of the administration, staff or the child study team. 3. COMMUNITY RELATIONS a. Visit homes and talk with parents and students who need help relating to school. b. Serve as liaison between the schools and the parents, the courts, community agencies, and police authorities. C., Work with parents of students who have serious disciplinary/legal problems. iw ou, Comwnen (Continued) Page 3. -U, a f & h --Q! -Q I R� , rs g . ....... J Q Wi -c& P 1 Am 40 'PROFESSIONAL A. Maintain complete, current, and accurate records. b. Maintain a professional awareness of regulations regarding child welfare by having a working knowledge of state law, Board policy, and administrative regulations. C. Assist school officials in the enforcement of truancy laws. d. Handle all police referrals involving students. Provide thorough investigations of situations which are actual or potential law violations. When situation merits, take appropriate action, conferring with Principal, Assistant Principal, Social Worker, and referral source. When referrals involve school rule violations, refer to an administrator, communicating appropriate information in writing and making recommendations for administrative action. e. Deal effectively with juvenile offenders and serve as counselor for students who violate the law. f. Coordinate the school district rules with municipal laws and ordinances. 9. Meet periodically with building and district administration to discuss and evaluate SRO activities. h. Represent the middle school, along with the principal, in any criminal, misdemeanor, or traffic court action involving students. i. Promote rapport between police officers and students in the school. j. Implement the District's Health and Accident/Injury Procedures and Bloodborne Pathogens Exposure Control Plan. k. Support and implement the District's Risk Management Policy in the assigned building and classroom to ensure that statutory and common law health and safety rights are extended to all visitors, employees, and students, and to provide careful supervision of all District real and personal property. 1. Serve as a member of the Crisis Intervention Team which will assist troubled students to receive program professional help with the student service division of the school. S. SECURITY/SAFETY a. Work closely with building principal in the coordination of security programs. ..0 b. Act as liaison with public safety authorities on all matters affecting school security. C. Implement emergency action plan as necessary. d. Check unauthorized personnel including former students and students from other schools in and around the school. e. Assist the admim'stration with crowd control at special events and coordinate additional help if needed or utilized. f. Provide Inservice training to all building personnel regarding emergency action plans and monitor required drills. 9- Assist administration in the supervision of students before and after school as well as during the passing periods. WNW4 10 =I, 6. GENERAL a. Work on days consistent with the District 26 Teachers' Contract. The work day length will be eight hours but s= and stop times will be flexible to meet the needs of the school. b. Take personal and vacation days when at all possible during periods when school is not in session. C. Give appropriate notice to both the Police Department and the principal in the event of absence. d. Perform police duties as assigned by the police department during periods when school is not i in session. AV Five Components of School Resource Office. Plan (Continued) Page 5. Selection. Process a. The Mt. Prospect Police Department will advertise a position for a School Resource Officer including the police department job description for a youth officer as well as the job description submitted by River Trails School District #26. b. All interested applicants will complete an application form. C. The Mt. Prospect Police Department will interview qualified candidates. d. The names of the preferred candidates, as well. as resumes and other supporting documents, will. be submitted to the River Trails administration. e. River Trails administration (Don Kellen, Teri Koretsky, Mary Pat Jordan) will schedule and conduct second interviews between August 1 - 3, and make a selection by August 4. f. The name of the selected candidate will be submitted to Mt. Prospect Police Department Chief Ron Pavlock who will make the assignment for the duration of the pilot program. Traini*ng Training for the SRO will include two strands. a. The first strand covers all Mt. Prospect Police Department ongoing training for its officers. Basic Youth Officer Juvenile Law School Resource Officer Orientation A Regional Program b. The second strand will include all inservice training for district employees as wen as others that are required for job performance. These include, but are not limited to,: Peer Mediation Conflict Resolution Crisis Intervention School Safety Sexual Harassment RIM- ORM"001tr WS, 1711111 5. Evaluation of School Resource Officer Program, -OUTCOA`IES a. Communication between the youth of our school and the law enforcement agencies of the community will improve resulting in less confrontational and disrespectful behavior on the part of our students. b. The students and staff will feel safer at River Trails Middle School. C. The students and staff will feel their property is safer in school. d. Students will improve their ability to handle conflict situations. e. A reduction in the number of law violations will occur. f. A reduction in the number of school rule violations will occur. 9- Students will seek out the assistance/advice of the SRO regarding school and community concerns. SOURCES OF EVIDENCE a. Through a climate study conducted each year we will assess how safe the students and staff feel in the building. We will also assess how safe the students and parents feel the students'. property is in the building. We expect to see an increase in the percentage of people who feel they and their property are safe at River Trails Middle School compared to data collected in the 1994-95 climate study. b. We will calculate the number of office referrals for the 1995-96 school year and compare the number to that collected in the' 1994-95 school year. We expect to see: 1) a reduction in the number of students referred to the office for school rule violations, 2) a reduction in the number of repeat offenders referred to the office, and 3) a reduction in the number of office referrals for physical aggression. C. We will calculate the number of police referrals for the 1995-96 school year and compare the number to that collected in the 1994-95 school year. We expect to see a decline in the number of police referrals, especially in the areas of possession of weapons, possession use of drugs/alcohol, violence and gang activity. d. We will calculate the number of arrests involving our students on the street and in the school during the 1995-96 school year and compare this with data from the 1994-95 school year. We expect to see a decline in the number of arrests involving our students. e. Students will seek assistance from the SRO. We would ask the SRO to keep a log of student contacts and we expect to see an increase over the year of the number of students seeking assistance/advise from him/her. f. Students will increase their knowledge and awareness of the role of police officers and will improve their behaviors toward them. We will conduct a pre/post student attitude survey concerning students' feelings of rapport and respect for the police. We expect to see an increase in the number of positive perceptions on the part of our students regarding the police department. M A. EDUCATIONAL 1. Assist with planning the District's drug education program, including working with school social worker, Discipline Review Committee, D.A.R.E. Officer, etc. 2. Provide information to school personnel, students and parents concerning the Juvenile Court process. 3. Make presentations to students, parents and staff members on law and law enforcement, safety, and good citizenship. B. SOCIAL/EMOTIONAL Participate in individual or group counseling including peer mediation and conflict resolution sessions whenever requested by a member of the administration, staff or the child study team. C. COWAUNITY RELATIONS 1. visit, homes and talk with parents and students who need help relating to school. 2. Serve as liaison between the schools and the parents, the courts, community agencies, and police authorities. 3. Work with parents of students who have serious disciplinary/legal problems. Comments & Suggestions Rating A: Rating B: Rating C: Comments & Suggestions: Rating: E. SECURITY/SAFETY 1. Work closely with building principal in the coordination of security programs. 2. Act as liaison with public safety authorities on all matters affecting school security. 3. Implement emergency action plan as necessary. 4. Check unauthorized personnel including former students and students from other schools in and around the school. 5. Assist the adMI'M'stration, with crowd control at special events and coordinate additional help if needed or utilized. 6. Provide Inservice training to all building personnel regarding emergency action plans and monitor required drills. 7. Assist administration in the supervision of students before and after school as well as during the passing periods. Comments & Suggestions: Rating: F. GENERAL 1. Work on days consistent with the District 26 Teachers' Contract. The work day length will be eight hours but start and stop times will be flexible to meet the needs of the school. 2. Take personal and vacation days when at all possible during periods when school is not in session. 3. Give appropriate notice to both the Police Department and the principal in the event of absence. 4. Perform police duties as assigned by the police department during periods when school is not in session. Comments & Suggestions: Rating: ILA g M"11 to.. al" ALWAYS SON!ETIMIES NEVER. 1. In general, I have respect for members of the police department. 2. I believe that the police department treats all members of the community fairly without regard to age, sex, or nationality. i 3. I feel comfortable with police officers: {` i a. In the school b. In the community 4. I believe that the police can help me if I 1 I 1. i have a problem with: a. Missing property b. A fight with another student ,. c. A threat from a student d. A problem in the community e. A problem at home ZONING BOARD OF APPEALS Mount Prospect Senior Center 50 South Emerson Street 7:30 P.M## Truly 10, 1995 snot t U"' gdf ZBA-4-V-95 .............. 114 North Main Street Driveway Width Variation Indigo Cour) Shed Size Variation Cases to be Heard ZBA-6-CU-95..,.,-,,.,.... General Cinema - Randhurst Shopping Ctr. South of Euclid Ave, East of Elmhurst Rd. Amendment to Planned Unit Development July 27. 1995 420 North Prospect Avenue Accessory Structure Setback Variation (Gazebo) August 24,1995 Open s *,re lew (0,10—t Y111".1 orpublic heari*"j, seg stA,wv' ghgduledf ZBA-8-Z-95 Amendment to the Zoning Ordinance Section 14.306, Accessory Structures Any *individual who would like to attend this meeting, but because of a disability needs some accommodation to participate, should contact the Community Development Department, at 100 South Emerson, Mount Prospect, ]EL 60056, 708-392-6000, Ext. 5328, TDD #708-392-60640 MAY©R GERALD L, FARLEY TRUSTEES GEORGE A CLOWES TIMOTHY J, CORCORAN RICHARD N. HENDRICKS PAUL WM, HOEFERT MICHAELt W. SKOWRON Village of Mount Prospect IRVANA K. WILKS MVIICHAELLAGEM L E. AMAZJANONISIER 100 South Emerson Street Mount Prospect, Illinois 60056 VILLAGE CLERK CAROL A. FIELDS Phone: 708 / 392-6000 AGENDA Fax: 708 / 392-6022 (Prepared 6/26/95) TDD: 708 / 392-6064 ZONING BOARD OF APPEALS Mount Prospect Senior Center 50 South Emerson Street 7:30 P.M## Truly 10, 1995 snot t U"' gdf ZBA-4-V-95 .............. 114 North Main Street Driveway Width Variation Indigo Cour) Shed Size Variation Cases to be Heard ZBA-6-CU-95..,.,-,,.,.... General Cinema - Randhurst Shopping Ctr. South of Euclid Ave, East of Elmhurst Rd. Amendment to Planned Unit Development July 27. 1995 420 North Prospect Avenue Accessory Structure Setback Variation (Gazebo) August 24,1995 Open s *,re lew (0,10—t Y111".1 orpublic heari*"j, seg stA,wv' ghgduledf ZBA-8-Z-95 Amendment to the Zoning Ordinance Section 14.306, Accessory Structures Any *individual who would like to attend this meeting, but because of a disability needs some accommodation to participate, should contact the Community Development Department, at 100 South Emerson, Mount Prospect, ]EL 60056, 708-392-6000, Ext. 5328, TDD #708-392-60640