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Vi1V" e of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: Jay Hedges
FROM: John A. Hedstro
DATE: July 29, 1983
SUBJECT- Vi 11
At the July 27, 1983 Finance Commission meeting, the Commissioners made
a recommendation to the Mayor and Village Board that Mount Prospect adopt
an independent self-ins,urance program on January 1, 1984.
Should the Mayor and Village Board accept this recommendation, the Village
would have to complete the following steps in order to implement this
program
enter into a formal agreement with an administrator for
these services:
Claims handling,
Preparation of monthly reports containing status of
all claims,
Risk Management program for Village personnel.
- Appoint a law firm to represent the Village for claims settlement.
This firm would have to have the approval of the excess carriers.
Purchase insurance for excess coverage such as that mentioned in
Arthur J. Gallagher's proposal which has previously - been distributed,
Follow up to be sure Mt. Prospect's self -insurers bond remains in
effect. The current bond was received on July -1, 1983,
Although not required, notify IRMA officials that membership would
not be renewed on January 1, 1984.
The above steps are relatively simple' but must be completed in order to get a
new program off the ground.
We also want to mention that at the July 27, 1983 Finance Commission meeting,
we were asked to obtain quotations for aggregate stop loss amounts (deductibles)
of $300,000, $350,000 and $400,000. Arthur J. Gallagher's proposal is based on
$250,000 for an annual premium of approximately $85,000. The Commissioners
wanted to be in a position of knowing how much the premium would be reduced
by accepting these higher risks. Gallagher has been contacted and their
information will be distributed when it becomes available.
V of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: MAYOR KRAUSE AND THE VILLAGE BOARD OF TRUSTEES
FROM: ASSISTANT VILLAGE MANAGER
DATE: AUGUST 4, 1983
SUBJECT: PARENTAL RESPONSIBILITY ORDINANCES
As has been reported to the Village Board, the Illinois
state legislature approved Senate Bill, 437 during the
closing hours of the last legillslati-Ve session,. The final
language of this act, which was amended several times, is
enclosed for your review. Governor Thompson has 'not yet
acted on the Bill. The underlined, language represents the
new provisions of this act. You have also received several
ordinances from other communities covering parental responsibiliy
for consumption of alcoholic beverages by minors.
The primary difference is that the state law defines a minor
as persons under the age of 18, and the local ordinances
define minor as persons under 21 years of' age. Other areas
where differences exist include the, amount of knowledge the
contributing adult must have in order to be guilty of a
violation, the definition of consumption '(i.e., simple
possession or intoxication.), in some cases the must
leave the premises before a violation occurs -' the type of
exceptions provided for, and, finally, penalty provisions.
Simply stated, the state law is violated when an adult
knowingly permits a minor (under 18) tl*o leave the premises,
of which the adult is the occupant., in an intoxicated state.
A unique aspect of the Naperv'lille ordinance indicates that
the adult becomes responsible for preventing the minor from
drivi,ng upon 'leaving the premi,sels, and for any acts of vandalism.,
theft,,, disorderly conduct,,, etc. , committed by. the minor
upon leaving the premises. Penalty provisions for local
ordinances range from $10-00 to $1,000-00. Under state law,
the penalty 'is a petty -offense, which we understand carries
a maximum fine of
PARENTAL RESPONSIBILITY ORDINANCES
August 4, 1983
Page Two
Other than these .specific differences., the ordinances
which you have been provided tend to contain variations of
the same provisions .
Having discussed this matter with Chief Pavlock., it is
our feeling that no local ordinance isi-at this time necessary.
We have not had sif"
i cant problems with minors -drinking
I �gn, T 1
under the supervision of adults, and, therefore, feel that
the state statute would be sufficient.
JAY R. HEDGES
CC: Village Manager Burghard
Police Chief Pavlock
JRH:bdg
'17X'.'VE_j SOLUT ION NO
A RESOLUTION EXPRESSING THE INTENT OF THE VILLAGE OF
MOUNT PROSPECT TO ADOPT AN INDEPENDENT SELF-INSURANCE
FOR PROPERTY AND CASUALTY EXPOSURES
WHEREAS, the Village of Mount Prospect is currently a
member of the Intergovernmental Risk Management Agency
(IRMA), which Agency was establishedv
' for a f ie (5) year
period, ending December 31, 1983; and
WHEREAS, the corporate authorities of the Village of
Mount Prospect believe that the citizens of the Village of
Mount Prospect would benefit by initiating an independent
self-insurance program, both in terms of financial savings
and in terms of - increasing the control of the municipality
over the management and prevention of risks.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY,
ILLINOIS:
SECTION ONE: The Mayor and Board of Trustees have determined
that in the best interest of the Village of Mount Prospect,
said Village does hereby empress the intent of the Village to
assume a self-insurance program, effective 12:01 AM
January 1, 1984, for property and casualty coverage.
SECTION TWO: The Mayor and Board of Trustees of the Village
of Mount Prospect shall enter into contracts for the purpose
of administering and defending the stated self-insurance
program and excess insurance coverage.
SECTION THREE: That this Resolution shall be in full force
. . ......... . ... . . ....... .
and e' f'e ct' from and after its passage and approval in the
manner provided by law.
AYES:
ABSENT. -
PASSED and APPROVED this day of 1 1983.
Mayor
Village — "-Clerk'
SP437
Eni, L ed LRB8303255t _ai L
I
AN ACT t o a m L- n d "tic t i any 6-16 and 6-2_0 of "The Li qucr
2
Confro Act of 1934 apr)roved January 31 1934 as a mend ed
3
_Qf bL �
4
5
Sect ion i Sect ions 6-16 and 6-220 of The Liquor Control
6
Act of 1934' approved Jariva-ry 31 1934, as a roend ed are
7
a (,lend ed t o r ea d alls f o I t ows:
(Ch.. 43, par. 131) 6,
8
Sec. 6-16. (a) too L icensee nor any of f icer , assoc iate, 6
- 9
member, representat i ve, agent or emp [ogee of such Licensee 6
10
schalL se L L, give or deLiver aLcohoLic Liquor to any person 6.
ii
under the age of 21 years, or to any intoxicated person or to 6,
any person 1< nown by h i m to be an habitual drunkard,
13
spendthr i ft i nsa ne.. menta L Ly i L L, menta I Ly def 1 c i ent or in
14
need of mental treat(tient. No person, after purchasing or
15
otherwise obtaining aLcohoLic L i %uor , shaLL sell, give or
16
deLiver such aLcohoLic Liquor to another person under the age
17
of 21 years, except i n the per f ormance of a re L I g i ous
18
ceremony-or service.-
i ?
For t h e purpose of prevent i ng the vioLat ion of this 7
20
section, any Licensee, oi- his agent or employee, (ii a y refuse 7
21
to sell or serve aLcohoLic beverages to any person who is
22
unabLe to produce adequate written evidence of identity and
23
of the fact that he or she is over the age of 21 years.
24
Adequate w r i t t E? n evidence of age and identity of the
25
person is a document issued by a federaL, state, county, or E
26
fil Un i c i p a L g o V e V l"IfIl e n t or subdivisicin or agency thereof ,
27
;nc[uding, but not Limited to, a motor veh is le operator's
28
License, a registration certificate issued under the Federal
&_
->9
Selective
ctive Service Act, cl- all identification card issued to a
30
member of t h e Armed Forces. Proof that the
31
defendant- L i censee or h i s emp Loyee or agent demanded, was
3-?
shown and reasonab Ly ve [ i ed upon such wr i t ten ev i dence i n any
I
S B A '37 Enrol led LF B 8'_'50 3 ,5 5 FL m
i transac t i oil, forb 1 dden by th i s Sect i on is - competent evidence
and may be cons i der ed in any cr i mi na L prosecut ion therefor or
3 to any proceed i ngs for the suspens ion or revocation of any
A I i cense based thereon.
5 A n y person who sells, gives.. or furnishes to any Pei -son
6 under the age of 21 years any false or fraudulent wr i 'teen,
7 printed, or photostatic evidence of the age and identity of
8 such Pei -son or who sells, gives or furnishes to any person
9 under the age of `21 years evidence of age and identification
10 of any other Pei -son is guilty of a Class B misdemeanor.
11 Any person under the age of 2t years who presents or
41
2. offers to any Licensee, his agent or employee, any written..
Q printed or photostatic evidence of age and identity which is
`14 false, fraudulent, or not actually his own for the purpose of
15 ordering, purchasing, attempting to purchase or otherwise
16 procuring or attempting to Procure, the serving of any
'17 alcoholic beverage, or who has in his possession any false or
18 fraudulent wr i t t en, printed, or photostatic evidence of age
19 and identity, is guilty of a Class B misdemeanor,
20 Any Person unifier the age of 21 years who has any
2t
alcoholic beverage in his possession on any street or highway
or in any public PLace or in any place open to the public is
23 guilty of a Class B misdemeanor. This Section does not apply
24 to Possession by a person under the age of 21 years making a
25 delivery of an alcoholic beverage in pursuance of the order
26 of his parent or in Pursuance of his empLoyment.
2) 7 (b) Ex c ep i -a 5_QIh un wi -<7e- RE oyid ed-in-this-Sa er-If ion whoever
28 violates this Secti-on shaLL, in addition to other penalties
-)q provided f o, r in t h is Act, b e 9 u i L t y of a Class B misdemeanor.
30
4m
32
33
34 -apply].
41-7
SB437 Enrolled
—3— LRBG%-zd03255F'Lm L
3
a 5-io n -QE-c Qn!z!i mat i oD-Qf
4
6
'7
8
.9
10
(Ch. 43, par. 134a)
1 112 Sec. 6-60. Any person to whom the sale, gift or delivery
13 of any alcoholic liquor is prohibited because of age shaLL
14 not purchase, or accept a gift of such alcoholic lirtuor-or
15 have such alcoholic Liquor in his possession.
16 If a Licensee or his agents or employees believes or has
17 reason to believe that a saLe or delivery of any alcoholic
ie Liquor is prohibited because of the non --age of the
19 prospective rec i p i ent, he shall, before making such sale or
20 delivery demand presentation of some form of p a s i t i v e
identification, c o n t a i n i ng proof of age, issued by a pub L i c
11 0")
le- �i- officer in the Performance of his official duties.
'423 No Person shaLL trans f er , a Iter or deface such an
24 identification card; use the identification card of another
carry or use a false or forged identification card; or obtain
26 an i dent i f i cat i on card by means of fa Lse information. No
-7 person sha L L purchase, accept delivery or ha-ve possession of
A- alcohoLic L i -tuor in v i o, La t i on of this Section. The
29 r-onsump t i on of alcoholic Liquor t any person under 2-1 years
30 of age is forbidden. Whoever violates any provisions of this
31 Section shaLL be g u i Lty of a CLass C misdemeanor.
32 The pos-cession and di.5pensh)(3, or consumpt ion by a pp-rson
33 LIDO m,+nor of a 1cohotic Liquor in the
.......... . .. . . . . ........ . .....
am
I
SB -43`? EnroLled -4- L R B 8 3 0 32- 5 5\ PL m L
consumption t),;,t a per,Ql '? i v e a
_.5_Qf_aSe m+nar under the It
direct supero iSion and approva L of the parents or parent Qr
3 of such Li
4 t h e pr i vacs of a home, is i -lot
5 prohibited by this Act.
Mount Prospect
Mount Prospect, Illinois m
INTEROFFICE MEMORANDUM
�, mm
TO: MAYOR CAROLYN'H. KRAUSE AND BOARD"OF TRUSTEES
FROM: ASSISTANT VILLAGE MANAGER
DATE: JULY22v 1983
SUBJECT: PARENTAL RESPONSIBILITY ORDINANCES
tt'ached for your review are several Parental Responsibility
Dr
: nances from surrounding couimunl.ties. Many of the
Orden. an c es are very s fi, lar andtherefore, e are providing
those which represent a crosssection.
r Me have not yet been able t6 obtain a copy of he r�ecentl,y
,
--Stab-Law 'but -the most significant di ffe pence appears
adapted
to be the age limitation. In the local Ordinances, , a minor
is defined as an individual under the age of 21, whileM the
State legislation, we are told a minor is defined as being
under the age of 18.
This item will not appear on. the .agenda of the Committee of
the whole meeting this week, however, when we have received
the State legislation, it will then be scheduled.
iA R. EDGES
JRH/rcw
attachments
ORDINANCE NO. 0-4-83
AN ORDINANCE
DESIGNATING PARTIES RESPONSI!
FOR UNLAWFUL ACTIVITIES AS OFFE ERS
L
BE IT ORDAINED by the President and Board of Trustees of
the Village of Palatine, Cook County, Illinois, acting in the
exercise of their home rule power:
SECTION 1-0 That the Municipal -Code of the -Village of
Palatine, as amended, be and the same is hereby further amended
by adding to Article I, Chapter 12, an additional section which
shall be and read as follows:
"Sec. 12-32. Persons Responsible for Premisesit
shall be unlawful for any person or persons who are
the occupants of any premises to knowingly allow,
initiate or maintain any gathering on that premises in
which tenants, invitees, visitors or trespassers
engage in any unlawful activity* Unlawful activity
shall include, but not be lintited to, drinking of
alcoholic beverages by persons under "' 21 years of age,
disorderly conduct pursuant to Section 12-3 of this
Code, curfew violations -in the immediate vicinity of
the premises and littering pursuant to Article XII of
this Code. A person will be deemed to have permitted
the ga-thering if that person is on the premises while
the unlawful activity is occurring and has not
informed the police thereof. For purposes of this
section, a gathering shall consist of two or more
persons who are not occupants of the premises.
SECTION 2-0 That all ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 3: That this ordinance shall be in full force
and effect from and after its passage and approval in the manner
provided by law.
A
14
or,, V1
..... .... . .. . . . ....... . .... ...... .. .......
ORDINANCE NO. 1443 -1983
AN ORDINANCE AMENDING ARTICLE 7-6 OF THE
HOFFMAN ESTATES M UNICIPAL CGDE
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Hoffman Estates, Crook and Kane Counties, Illinois, as
follows: _ -
Section 2. That Section 7-+6-13 of Article 7-6 of the .Hoffman Estates
Municipal Code be renumbered as Section 7-6-14. -.
w .
Section 2: That a new Section 7-6-13 of the Hoffman Estates Municipal Code
is hereby created to read as follows:
Section 7-6-13 Possession of Alcoholic Beverages; Liability of parent
and others.
(a) No person within the corporate boundaries of the "Village of _
Hoffman Esta,ies, under the age of 21 years, may purchase,
r eive, accept, have in his possession or control, or imbibe
` any alcoholic beverages.
(b) It is unlawful for any person to suffer, permit or allow the
violation of the provisions of this Section in any motor
vehicle, conveyance, house, apartment, room, shed, yard,
or area of which such person is the owner, lessee,
permittee, bailee, or legal possessor or occupier thereof.
(c) Nothing contained herein shall be applicable to persons
under the age of 21 years:
1.n participating in a religious ceremony;
2. in the presence and with approval of their parent or
legal guardian; or
3. having possession for the purpose of making a
delivery of an alcoholic beverage in pursuance of the
order of their parent or guardian, or in pursuance of
his employment.
Section 3: That the Village Clerk is hereby authorized to publish this
ordinance in pamphlet form.
Section 4: That any person, firm or corporation violating any of the
provisions of this ordinance shall be subject to a fine of not Iess than Ten Dollars
($10.00) nor more than Five Hundred Dollars ($500.00) for each offense; and a
separate offense shall be deemed committed on each day during, or on which a
violation occurs or continues.
• s
�ion ; that this ordinance shall be in full force and effect from and
w
-2-
PASSED this —:3!rcf day of
• s
�ion ; that this ordinance shall be in full force and effect from and
after its passage, approval and publication as provided by law.
�.
PASSED this —:3!rcf day of
I9�
APPROVED this .3rd day o f
January
I9
. VOTE-.
AYE NAY
"Trustee Lind
Trustee Lyeria
x
TrusteePalmer
Trustee 'Weaver
x
Trustee McLeod
Trustee Lloyd
Y
APPROVED:
Vii9e President
ATTEST:
Mage Clerk
n
12-268 OFFENSFS, I TCC § 12-270
ARTICLE XVIII. PARENTAL RESPONSIBILITY,
ALTERNATIVE PENALTIES
See- 12-268. Definitions.
The following definitions shall apply to Articles XV, XVI,
XVII and XVIII:
-M Person shall 'Include any individual, firm, partner-
ship, association, corporation, company or organiza-
tion of any kind.
(2) Property shall include any real estate, including
improvements thereon, and tangible personalty.
(3) Parents shall include the lawful father or mother of an
unemancipated juvenile, whether by birth or adoption.
(4) Legal guardian shall include a person appointed
ointed
guardian, or given custody, of a juvenile by a circuit
court of this state or any other state, but does not
include a person appointed guardian, or given custody
of a minor under thenfinois Juvenile Court Act.
(5) Juvenile shall include a person who has attained ten
(10) years of age but who has not yet reached eighteen
(18) years of age. (Ord. No. 0-97-803, § 3, 12-8-80)
Sec. 12-269. Restitutiom
In addition to, or in lieu of, any other penalties that may
be imposed under Articles XV, XVI, or XVII of this Chapter
12, the court shall require restitution to the victim in an
amount not to exceed actual loss or damage to the property
resulting from the commission of the offense. Liability for
said restitution or reparation shall be assessed according to
section 12-270 of this Code. Nothing in this section shall
preclude such additional civil remedies available to a
complaining party for any sum not recovered. (Ord. No.
0-97-80, § 3112-8-80)
Sec. 12-270. Liability.
(a) The parent or legal guardian of an unemancipated
juvenile who resides with such pa -rent or legal guardian is
Supp. No. 8 855
§ 12-270 PALATINE CODE § 12-271
liable for actual damages for the willful or malicious acts of
such juvenile which cause injury to a person or property or
for any damages to property which result from the theft by
said juvenile of such property.
Said juvenile shall be deemed to have committed the
offense or offenses enumerated in Articles XV, XVI or XVII,
with the. knowledge, consent, acquiescense and permission
of the parent or legal guardian, in violation of this article.
The said parent or legal guardian shall be liable for fine,
requirement of restitution tor. reparation imposed by a court'
upon the minor defendant for violation of this article.
(b) No parent or legal guardian of an unemancipated
juvenile who resides with such parent or legal guardian
shall be held liable for damages as provided for in this
section 12-270 unless that parent or legal guardian shall
have received a written notice setting forth the charges
against such unemancipated juvenile, either by certified or
registered mail, return receipt requested, or by personal
service, with a certificate of personal service returned, from
the police department of the Village of Palatine.
In any action brought pursuant to the provisions of this
article, the parent or legal guardian shall be made a party
defendant Failurb to include such parent or legal guardian
as a party defendant shall release him from any liability for
fine, restitution or reparation imposed upon the minor
defendant. (Ord. No. 0-97-80, § 39 12-8-80)
See. 12-271. Alternative penalties.
In cases of actual or pecuniary loss or damage to public
property, the court, on petition of the village prosecutor,
may, in its judgment and absolute discretion, in addition to
or in lieu of any restitution, reparation or fine as
hereinabove provided, direct, and require that any uneman-
cipated juvenile found guilty hereunder perform appropriate
and reasonable services to or for any departments of the
village, including but not limited to maintenance of parks,
office or janitorial work. In cases where this section 12-271.
Supp. No. 8 856
§ 12-271 OFFENSES, ETC. § 12-277
is imposed as the penalty and subsequently satisfied, the
provisions of section 12-270 shall not apply. (Ord. No.
0-97-80, § 31 12-8-80)
Sees. 12-272-12-275. Reserved.
ARTICLE XIX. TRESPASS
See. 12-276. Trespass prohibited.
It shall be unlawful for any person, firm or corporation
to commit a trespass within this municipality upon either
public or private property; provided, however, nothing herein
shall prevent duly authorized representatives of the village
from being upon public or private property in the perform-
ance of their official duties and responsibilities under applica-
ble statutes and ordinances. (Ord. No. 0-91-79, § 1p 7-9-79)
See. 12-277. Specifically enumerated trespasses; suppression.
Without constituting any limitation upon the provisions of
section 12-276, any of the following acts by any person, firm
or corporation shall be deemed included among those that
constitute trespasses in violation of the provisions of said
section 12-276, and appropriate action may be taken hereunder
at any time, or from time to time, to prevent or suppress any
violation or violations of this article, the aforesaid enumer-
ated acts so included, being as follows, to wit:
(a) An entry upon the premises, or any part thereof, of
another, including any public property in violation of a
notice posted or exhibited at the main entrance to said
premises or at any point of approach or entry or in vio-
lation of any notice, warning or protest given orally or
in writing, by any owner or occupant thereof; or
(b) The pursuit of a course of conduct or action incidental
to the making of an entry upon the land of another in
violation of a notice posted or exhibited at the main
entrance to said premises or at any point of approach
or entry, or in violation of any notice, warning or pro -
Supp. No. 8 857
11838A
Y m
Ordinance No.
ORDINANCE
(Amendment to Barrington Village Code,
Chapter 3, Section 3-26)
BE IT ORDAINED by the President and Board ofITrustees of the
Village of Barrington, Cook and Lake Counties, Illinois, that:
SECTION l: Chapter 3 of the Barrington Village Code is hereby
amended by the addition of a Section 3-26, which .section shall read
as follows:
"Sec. 3-26. RESPONSIBILITY OF THE OWNER OR OCCUPANT OF
PREMISES.
r
It shall be unlawful for any owner or occupant of any
premises located within the Village to knowingly allow any
person under the age of twenty-one (21) years to remain on .such
premises while in the possession of alcoholic liquor or while
consuming alcoholic liquors in violation of Section 3-22 of
this Code.
SECTION This Ordinance shall be in full force and effect
2 .
from and after its passage, approval and publication pursuant to
law.
PASSED THIS /` DAY OF,, 1
982
BY ROLL CALL VOTE AS FOLLO''
AYES NAYS ABSENT ABSTAIN
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+ C
ORDINANCE NO. *1982-M-48
AN ��OR ORDINANCE, ND NGT TLE , CHAP -TER '-
ALCOHOLIC BEVE�-0"
GES" OT THE ST . CHARLES
MUNICIPAL COTE BY ADDING SECTION 5. 08 2.8 5 y
"RESPONSIBILITY OF TTE 'OWNER OR OCCUPANT OF PREMISES -
h
PASSED AND APPROVED BY THE
MAYOR AND CITY COUNCIL OF
THE CITU OF ST. CHARLES,
KANE AND IST PAGE COUNTIES
ILLINOIS, THIS 16th, DAY OF
AUGUST, 1982.
b
PUBLISHED IN PAMPHLET FORM BY
THE AUTHORITY OF THE MAYOR AND
THE ., C ITY' N COUNC IL OF THE CITY OF
. ST 'CHA SES , BANE AND DT PAGE
COUNTIES, ° "ILLINOIS , THIS 16th
DAY £T AUGUST, 1982.
J
....
*�rry • �
t �
REF,ER TO
P-41NUTEs -_4!-
ORDINANCE NO. 1982-M-48 PA
GEm
AN ORDINANCE AMENDING TITLE 51 CHAPTER 5.08,
"ALCOHOLIC BEVERAGES" , OF THE ST. CHARLES
MUNICIPAL CODE BY ADDING SECTION 5.08.285,
"RESPONSIBILITY OF THE OWNER OR OCCUPANT OF
PREMISES"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ST. CHARLES, KANE AND ICU PAGE COUNTIES, ILLINOIS.. AS
FOLLOWS
1. That Chapter 5.48 "Alcbholi.c Beverages", of
the 8 t . Charles Municipal Code be and is hereby amended
by adding Section 5.08.285, "Responsibility 'of the
Owner or Occupant of Premises", as follows
"It shall be unlawful for any owner or
occupant of any premises located, within
the City to knowingly allow a minor to
remain on such premises while in the
possession of alcoholic liquor or
while consuming alcoholic liquors in
violation of the St. Charles Municipal
Code."
2. That this Ordinance shall be in .full farce and
effect from and after its passage, approval and
publication in accordance with law, and publican cin in
pamphlet farm is hereby authorized and directed.
a.
PRESENTED to the City Council of the City of
St. Charles, Illinois, this 16th day of August
19820
PASSED by the City Council of the C lity of
St. Charles,. Illinois, this 1 -6th- day of Angus t
198206
APPROVEED by i --he, Mayor of the Cit -y of St. Charles,,';,.—.
Illinois, this 16th day of August J. 19820
Mayor
lot
ATTEST.
IT4J
0 C
ty lerk
COUNCIL VOTE: Unanimous
Ayes -- -- 10.
Nays:—.-. 0
Absent: 0
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CITY OF NAPERVILLE
LJ ji
ORDINANCE NO. 83 - 14
AN ORDINANCE AMENDING CHAPTER 20 -(ALCOHOLIC
LIQUOR DEALERS) OF THE MUNICIPAL CODE OF 7 1
NAPERVILLE OF -1960, AS AMENDED, TO PROVIDE,
PARENTAL RESPONSIBILITY FOR 'I'H]�' CONSLY114"PT ION
OF ALCOHOLIC LIQUOR BY MINORS.
PASSED AND APPROVED BY THE CITY
COUNCIL OF THE CITY OF NAPERVILLE,
ILLINOIS, THIS 22nd DAY OF
February 1983
Published in pamphlet form
by authority of the Corporate
Authorities of the City of
Naperville, Illinois, this
23rd —day of- Ee_b"r'.11Ary_r. 1983.
M
G.
ORDINANCE NO. 83-14
AN ORDINANCE AMENDING CHAPTER 20 (ALCOHOLIC
LIQUOR DEALERS) OF THE MUNICIPAL CODE OF
NAPERVILLE OF 1960, AS AMENDED, TO PROVIDE,
PARENTAL RESPONSIBILITY FOR. THE CONSUMPTION
OF ALCOHOLIC LIQUOR BY MINORS.
WHEREAS, the -Illinois Liauor Control .Act makes it
unlawful for liquor licensees to sell, give or deliver alcoholic
liquor to any person under the ache of 21 years of age (hereinafter
referred to as "minors")- and,
WHEREAS, the Illinois Liquor Control Act also makes it
unlawful for any ether person to sell, give or deliver alcoholic
liquor to a minor except in the performance of a religious
ceremony or when the minor is delivering alcoholic liquor pur-
suant to an order of his parents or in the course of his
employment; and,
WHEREAS, the City Council of the City of Naperville
is aware that the consumption of alcoholic liquor by minors
occurs within the City of Naperville despite said provisions
of the Illinois Liquor Control Act; and,
WHEREAS, the City Council is of the opinion that the
consumption and abuse of alcoholic liquor by minors results in
the increased incidence of vandalism, violence, theft.,
disorderly conduct and similar and related offenses by minors;
and,
WHEREAS, the City Council is of the opinion that the
consumption and abuse of alcoholic liquor by minors within the
City of Naperville constitutes a threat to the public health,
safety, morals and welfare of the City of Naperville and is a
matter of great local concern; and,
WHEREAS, the City Council believes that parental
control and supervision over the children is essential and
necessary I to control and prevent the commission of juvenile
offenses;
NOW, THEREFORE', BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF NAPERVILLE, DU PAGE AND WILL COUNTIES, ILLINOIS,
IN THE EXERCISE OF ITS HOME RULE POWERS, as follows:
SECTION 1: That Chapter 20 (Alcoholic Liquor Dealers)
of the Municipal Code of Naperville of 1960, as amended, be
and the same is hereby amended to add the following as
Section 20-040 thereof:
20-040 Parental Responsibility.
A. Definitions:
(1) "Legal Guardiantl means any foster parent,
person appointed.guardian or given custody
of a minor by a circuit court of this
State, or person appointed guardian or given
custody of a minor under the Illinois Juvenile
Court Act, but shall not include any person
appointed guardian only to the estate of a
minor.
(2) "Parents" shall include the father and
mother of a minor child, whether by birth or
adoption, or shall be deemed the parent -
having legal custody of the minor in the
event the parents are divorced or separated.
The term "parent" as used in this section
also be deemed to mean "legal guardian."
(3) "minor" shall mean any unemancipated person
I I
over 7 years of age but not yet 21 years
of age.
(4) "Intentionally" -shall mean conduct engaged
by a person with the conscious objective to
accomplish that result or engage in that
conduct,
(5) "Knowingly" shall mean conduct engaged in
by a person when he is consciously aware of
the nature or attendant circumstances of
his conduct which constitutes an offense
under this Section.
(6) "Recklessly'" shall mean conduct engaged in by
a person in conscious us disregard of a substantial
and unjustifiable risk that circumstances
exist or that a result will follow which con-
stitutes an offense under this Section and
where such disregard constitutes a gross devia-
tion from the standard of care which -a reasonable
person would exercise in the situation.
(7) "Negligence* shall mean conduct engaged in by
a person where such person fails to be aware of
a substcintial and unjustifiable risk that cir-
cumstances exist or that a result will follow
which constitutes an offense under this Section
and where such failure -constitutes a substantial
deviation from the standard of care which a
reasonable person would exercise in the situa-
tion.
B. No parent shall give or deliver alcoholic liquor to
his minor child for the minor's consumption unless the
consumption of alcoholic liquor by such minor is in the
performance of a religious service or ceremony under
the direction, supervision, and approval of the parent
of such minor in the privacy of a home.
C. No parent shall intentionally, knowingly, recklessly
or negligently give or deliver alcoholic liquor to, or
permit. n possessioof alcoholic liquor by, his or her minor
child, or any other person under the age of 21 unless
such minor or person under the age of 21 is making a
delivery of such alcoholic' liquor -pursuant to order of
his parent, in pursuance of hi's employment or otherwise
as allowed by Paragraph B hereof.,
� a
r
tentionally, knowingly, recklessly
D. No parent shall in
or neg g y
1i entl give, deliver, invite or permit the
consumption of alcoholic liquor by any minors on or about
any premises awned, leased or controlled by such parent
except as otherwise allowed by Paragraph B hereof.
E. Parents shall restrain or prevent their minor children
from 9`
consumin alcoholic liquor where the parent knows,
or in
the exercise of ordinary care should know, -of a
substantial probability that his or her minor child is
or
will consume alcoholic liquor under circumstances
which
would violate the provisions of this Section, the
Illinois Liquor Control Act, or any other ordinances,
statutes or amendments thereto.
F.
Parents who know, or in the exercise of ordinary
care should know, of a substantial probability that their
minor child has consumed or will consume alcoholic liquor
in violation of this section, the Illinois Liquor Control
Act, or any other ordinances, statutes or amendments
thereto, shall restrain or prevent their minor child
from ag eratin or driving a motor vehicle on the public
p
streets and ways of the City of Naperville in violation
of any ordinance, law or statute.
G. Parents who know, or in the exercise of ordinary
care should know, of a Substantial probability that
their minor child has consumed or will consume alcoholic
Mc
liquor in violation of this Section, the Illinois Liquor
Control Act, or any other ordinance, statutes or amendments
thereto, shall restrain or prevent their minor child
from committing acts which constitute vandalism, theft,
disorderly conduct, or the unjustifiable use of force
in violation of any ordinance, law or statute.
H. Any person convicted of any violation of the provi--
sions of this Section shall be fined not lessthan
Fifty Dollars. ($50.00) nor more than One Thousand Dollars
($1,000.00) for each offense.
SECTION 2: That this Ordinance shall be in full
force and effect from and after its passage, approval and
publication in pamphlet form as provided by law.
PASSED this 22nd day of February 1983.
AYES.- Mayor Rybicki, Councilmen Newkirk and Mavkut
.A
NAYS: Councilmen Phelan and Price
ABSENT: None
APPROVED this 23rd day of February 1983.
ATTEST: or
6 City Clerk
Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: MR. T. BURGHARD, VILLAGE MANAGER
FROM.- RONALD W. PAVLOCK, CHIEF OF POLICE
SUBJECT: VEHICLE WHEEL LOCKS
DATE,; 5 AUGUST 83
Attached is a summary of the information in regard to the use
of Vehicle Wheel locks.- The recommendation of the Police Depart-
ment is that we continue to use the Circuit Court Judgement process
for single incidents where the parking citation is not paid. In
those instances where an individual is a multiple offender, the
department recommends the arrest warrant procedure.
As the computer program is updated and more information is avail-
able to make effective judgements as to the compliance rate, areas
of non-compliance, and locations of multiple violators, the use of
vehicle wheel locks may be an alternative which could be used by
the department.
If we find that our present program does not improve the compliance
rate in paying the fine penalty for parking citations, the appropriate
funding will be requested as well as an ordinance permitting the
impounding of vehicles in place.
egy
fn
VEHICLE WHEEL LOCK SUMMARY
I. COST FACTORS/AVAILABILITY OF VEHICLE WHEEL LOCKS
A. Vehicle wheel locks cost $ 300.00 per unit.
B. The original company that sold vehicle wheel locks is no longer
in business, but these types of devices are available at present
from Hersey Products located in Elk Grove Village.
C. The vehicle wheel lock available from Hersey Products is an
improved device, which is much more difficult to defeat than the
original vehicle wheel lock device'.
CURRENT USE BY POLICE AGENCIES OF VEHICLE WHEEL LOCKS
A. Vehicle wheel locks are used by several different police agencies
both within the State of Illinois and outside of the State. The
near -est community to Mount Prospect that has used a vehicle wheel
lock device is the Palatine Police Department.
1. Palatine began to use vehicle wheel locks for multiple parking
offenders for several reasons in addition to forcing an indivi-
dual who has multiple parking tickets to pay the fines. These
are:
a. The attention obtained by the use of this device has
increased compliance with" the parking regulations within
their commuter lots and downtown areas.
b. There has been a reduction in the non -paid tickets, since
the attention of using the wheel lock has apparently increased
the willingness of individual's to pay parking tickets rather
than chance having the wheel lock device applied to their cars.
2. At the present time, the Palatine Police Department considers
the use of vehicle wheel locks as a successful technique for
use by their department.
LEGAL PROBLEMS
A By using their home rule powers, the Village of Palatine passed a
local ordinance granting authority to the police department to
IMPOUND A VEHICLE IN PLACE. This Permits the police department to
use the vehicle wheel lock device, and eliminates many of the problems
involved in the towing of the vehicle; however, the police department
is also provided the option of towing the vehicle depending on the
circumstances. For example, using vehicle wheel locks in commuter
lots and downtown parking areas which are usually public property
avoids certain legal problems that may arise in'using this device
in the parking lots of apartment complexes which are to some extent
private property.
1. At the present time, there is no legal authority that permits
impounding of a vehicle in place.
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2. The above is applicable to the towing of a vehicle for multiple
parking violations, both need some basis of authority, which is
the reason for a municipal ordinance.
3. The Palatine Ordinance apparently permits several alternatives
legally after a vehicle wheel lock device has been applied.
a. The individual can pay the overdue citations.
b. Post a cash bond in the amount indicated on the
impoundment authorization (special form used by,
Palatine Police Department).
c* Execute a personal recognizance bond (release on
signature - no cash bond), release the vehicle, and
schedule all tickets for court.
4. The Palatine Police Department is apparently using a summons
and an arrest warrant. In both instances, a court appearance
is required.. In instances where an arrest warrant is used,
the individual cannot pay the overdue citations but. must appear
in court. In the case of a summons pre -payment prior to court
is allowed.
5. Palatine Police Department has found that it is more feasible
to tow vehicles which have multiple parking tickets; if the
vehicle is located in a semi -private parking lot, i.e., apart-
ment complexes and so forth.
6. While Palatine P.D. does use the summons method, their
recommendation is to obtain a warrant for the individual,
since by using a warrant, the individual can be entered into►
the LEADS computer system, and the possibility of apprehension
is greater.
IV. PRESENT MOUNT PROSPECT PARKING TICKET PROCEDURES
A. The vehicle is cited with the hang -on P -Ticket.
B. The vehicle owner has ten (10) days to pay the P -Ticket fine.
C. A Computer run is made for all tickets which have not been paid
and a delinquent notice is mailed to the address of record of
the registered owner of the vehicle.
D. If the delinquent notice is not acted upon (fine paid), a second
computer run is made again requesting those tickets which
have not been paid. This produces the listing for court assignment.
E. A notice is sent to the registered owner of the court date and time.
F. When the P -Ticket is brought before the court two alternatives are
used by the department.
- 2 -
1. On multiple offenders a warrant is issued for court appearance.
2. Single parking tickets, the court takes judgement in the
amount of $100-00. A court judgement places a civil lien
against the individuals credit rating which cannot be lifted
until settlement is made.
G. Upon return of the court disposition,'a notice is sent to the
individual that judgement has been entered by the court. In
those instances where a warrant has been issued, an attempt is
made to arrest the person named in the warrant.
H. The registered owner of the vehicle has to contact the Niles
Court Clerks office to settle the judgement, and the Village
is reimbursed for any settled judgements.
V. COMPLIANCE RATE
A. At the present time, the compliance rate for citations paid on
first violations*, and after the delinquent notice has been sent
is approximately 60 to 65 percent.
B. The compliance rate for those appearing in court is very small
since usually if the delinquent notice has no effect, the court
notification is ignored. Usually those that do appear in court
are contesting the validity of the ticket.
C. The number of judgements which are paid is unknown, since the
court clerk does not notify us directly when a judgement has
been paid.
VI. NON -PAID PROBLEM AREAS
A. The two areas where the greatest number of P -Ticket citations
are written are:
1. All night parking
2. Failure to display Village vehicle license
B. Multiple violators are usually in the following areas:
1. Failure to display Village vehicle license
2. Parking in commuter lots or downtown areas
C. Reference the above, the All Night Parking violators are visitors
to the area and usually are not multiple violators.
VII. CHANGES NECESSARY TO IMPLEMENT VEHICLE WHEEL LOCKS
A. The computer program has to be updated. It is only recently that
multiple offenders are being listed together by license number.
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B 11,1he present computer system does not have the capacity t..o
search all the P -Ticket data bases to ascertain the multiple
violators. For example, based on the dates of the computer
run, the issuance of the ticket and the court date assigned,
one individual could have a ticket in each one of these stages,
but would not be flagged as a multiple violator.
C. For statistical purposes, the computer data base and output
reports need to be changed.
D. Administratively, the need is for:
1. A municipal ordinance to use the vehicle wheel locks
2. Appropriate procedures within the police department for
the procedures to be'used in applying vheicle wheel locks.
34 Assignment of personnel to physically apply the vehicle
wheel locks.
4. Updated programming of computer program in order to identify
multiple offenders.
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