HomeMy WebLinkAbout4.4 Waive the rule requiring two readings of an ordinance and adopt AN ORDINANCE AMENDING CHAPTER 18 OF THE MOUNT PROSPECT VILLAGE CODE IN REGARD TO UNSCHEDULED DISEMBARKMENT BY HIRED OR CHARTERED TRANSPORTATIONORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18 OF THE MOUNT PROSPECT VILLAGE CODE
IN REGARD TO UNSCHEDULED DISEMBARKMENT BY HIRED OR CHARTERED
TRANSPORTATION
WHEREAS, the Village of Mount Prospect, Illinois (the "Village") is a home rule municipality,
having all of the powers and authority granted to such municipalities pursuant to Article VII,
Section 6 of the Illinois Constitution of 1970, including the right to exercise any power and
perform any function pertaining to its government and affairs; and
WHEREAS, the unloading of passengers en masse without a coordinated plan that includes
shelter, food and water, and similar life safety resources, poses a significant threat to the
health, safety, and welfare of said passengers, especially during inclement or severe
weather conditions; and
WHEREAS, time is of the essence due to the incoming inclement weather within the
Chicagoland area and the immediate increase in unscheduled disembarkments or "drop offs"
of migrants or other passengers occurring throughout the Cook County Northwest Suburbs;
and
WHEREAS, hired transportation, including bus charters, provide a vital transportation
service to the public and are entrusted with the care and wellbeing of their passengers,
including children; therefore, unscrupulous transportation companies pose a significant
threat to the health and safety and of their passengers; and
WHEREAS, the unscheduled disembarkment of passengers from buses or other coordinated
hired transportation within the Village municipal boundaries results in added strain on first
responders including Police, Fire, and Human Services departments required to tend to the
immediate care and wellbeing of these passengers; and
WHEREAS, the President and Board of Trustees of the Village find that it is in the best
interest of the Village, passengers of hired or chartered transportation disembarking in the
Village, and Village residents, to amend the Village Code to provide for health and safety
regulations related to unscheduled disembarkments or passenger drop offs within the
Village;
NOW, THEREFORE, BE IT ORDAINED by the Village President and Board of Trustees of
the Village of Mount Prospect, Illinois, in the exercise of its home rule powers, as follows:
SECTION ONE: The foregoing recitals shall be and are hereby incorporated as findings of
fact as if said recitals were fully set forth herein.
SECTION TWO: The Village Board finds and determines that the adoption of this Ordinance
is in the best interest of the Village as well as in the public interest.
SECTION THREE: Chapter 18 of the Village Code of the Village of Mount Prospect, Illinois
[Traffic], Article XIV Miscellaneous Laws, is hereby amended as follows with the following
addition.
Section 18.1429 REGULATION OF UNSCHEDULED STOPS
A. DEFINITIONS. The definitions for terms are applicable to this section:
Hired or Chartered Transportation: Services wherein a motor vehicle is engaged by a person
or entity for specific private transportation purposes, not including services that are part of
regular or publicly available transportation routes or schedules. Hired or Chartered
Transportation does not include courtesy shuttles transporting customers or guests to or
from a fixed location as an incidental service provided by a business such as a hotel,
shuttles with scheduled transport of customers from schools or daycares, and transportation
provided by schools, park districts, churches or other non-profit organizations, or other
shuttles with scheduled drop-offs of Village residents or residents of neighboring
communities.
B. Applicability. Regulations within this section shall apply to motor vehicles operating as
hired or chartered transportation when:
1. The vehicle(s) is engaged in a privately hired or chartered service;
2. The service includes the disembarkation of ten (10) or more passengers within the
village who will not reboard; and
3. The service does not include arrangements for round-trip transportation for the
majority of passengers.
C. No Unscheduled Drop Off. It shall be a violation of this ordinance for the owner,
operator, or driver of any motor vehicle engaged in a hired or chartered transportation
service, to make an unscheduled disembarkment or drop off in the manner outlined in
Section 18.1429 B. without application approval from the Village of Mount Prospect.
D. Application. The owner, operator, or driver of any hired or chartered transportation
motor vehicle that desires to make an unscheduled stop for the purposes of dropping off
passengers as identified in Section 18.1429 (A) shall file an application with the Chief of
Police. The completed application shall contain all required information set forth in
subsection (1) below and shall be submitted to the Police Chief at least five (5) calendar
days prior to the date of the proposed disembarking date.
1. Upon request by the person(s) or agency hired or chartered to provide
transportation, the village's Chief of Police shall prepare an application form which
shall, at a minimum, require an applicant to provide the following information:
a. The full name, full address, and telephone numbers of the owner, operator,
and driver of the motor vehicle. The mobile phone number of the driver of the
motor vehicle shall also be provided.
b. A copy of the valid driver's license of the driver of the vehicle and a copy of
a valid insurance policy that covers the driver.
c. The full name, full address, mobile and land -line telephone numbers of the
entity or individuals that have either directed, paid for, or financed the
transport of persons who will disembark in the village.
d. The full name of all persons that are proposed to disembark in the village
along with copies of identification for said person to the extent such
identification exist or are in the possession of the passengers.
e. The name, address, or location in the village where the applicant proposes
to allow passengers to disembark.
i. Disembarkments located on private property shall include
proof of written permission by the property owner that the stated
disembarkment may occur on the day and time noted. Such proof shall
include the property owners name, title, and contact information
including email address and telephone number.
ii. Under no circumstances shall disembarkments occur in public
right-of-way, on any street in the village. Any location selected for
disembarkment shall be accommodating to the size and
maneuverability of the motor vehicle.
iii. Disembarkment shall not impede regular traffic or create
other public safety hazards.
Any violation of subsections i, ii, or iii above shall constitute a violation
of this ordinance.
f. The date and time at which the applicant's passengers will disembark in the
village shall be clearly indicated on the application. Passenger drop off times
are from 8:00 a.m. to 4:00 p.m. Monday through Friday, excluding any
federal, state, or village holidays; disembarkments requested or occurring
outside of this time frame are non-compliant with this ordinance.
g. The name and address of all locations from which the passengers are being
picked -up for transport to the village.
h. The full name, full address, mobile and land -line telephone numbers, and
email addresses of all entities or individuals that shall be present to meet and
receive the passengers disembarking in the village.
i. A detailed plan identifying how the disembarking passengers will be cared
for, housed, and fed, upon disembarking in the village. The plan shall be
signed by the entity that agrees to be responsible for providing the actions
detailed in the plan.
j. Any additional information the Chief of Police may require provided that
such information is related to the purposes of this section.
2. The person submitting an application shall swear or affirm that to the best of their
knowledge and belief the information set forth in such application is true and correct,
and such oath or affirmation shall be attested to by a person authorized to
administer oaths or witness affirmations within the state or territory where the
application is sworn to or affirmed.
E. Application Review. Upon receipt of an application pursuant to this section, the Chief of
Police shall review same and undertake a review of the information contained in the
application to verify its truth and authenticity.
1. If the application is not complete, the Chief of Police shall, in writing, advise the
applicant of the additional items needed to complete the application. Within four (4)
calendar days after receiving a completed application, the Chief of Police shall inform
the applicant that the application is approved for the stated location, unless the Chief
of Police has received bona fide information that the application contains materially
false information or is otherwise non-compliant with the regulations within Section
18.1429.
2. Upon approval of an application, the Chief of Police shall provide the applicant, or
a person designated thereby, with a telephone number to coordinate the arrival of
the motor vehicle in the village.
3. If the Chief of Police denies an application made under this section, the Chief of
Police shall reduce the findings to writing and transmit the same to the applicant
within five (5) calendar days. The applicant may submit a new application to meet
the requirements of this chapter.
F. Application Denial. The Chief of Police shall not approve an application for any person
who:
1. Has supplied materially false or misleading information in connection with an
application under this section.
2. Has failed to provide a plan to ensure the care, housing, transportation, or feeding
of any passengers disembarking in the village or otherwise failed to implement or
perform the detailed plan pursuant to the terms of an approved application.
3. Has failed to provide a complete application pursuant to section 18.1429 (D)
above or has failed to provide a complete application within the requested time
frame.
G. Violation and Penalties. Any person found guilty of violating, disobeying, omitting,
neglecting, or refusing to comply with, or resisting or opposing the enforcement of,
any of the provisions of this Chapter, upon conviction thereof, is considered a violation of
this ordinance and shall be punishable by a fine of not less than seven hundred and fifty
dollars ($750). A separate and distinct offense shall be regarded as committed each day
upon which said person shall continue any such violation or permit any such violation to
exist after notification thereof.
The Village at its discretion may enforce this Chapter by: (1) a quasi -criminal action
seeking the payment of a monetary penalty adjudicated under the Village's
Administrative Adjudication system; or (2) an action seeking monetary and
injunctive relief filed in the Circuit Court of Cook County or any other Court having
jurisdiction over the violator.
H. Seizure and Impoundment of Motor Vehicles in Violation. Whenever a police officer
has reason to believe that a violation of this Chapter has occurred, the motor vehicle is
subject to seizure and impoundment in addition to any other monetary penalty or other
remedy that may be pursued. The Village of Mount Prospect code of ordinances in Chapter
18, Article XVIII "Abandoned, Lost, Stolen, or Unclaimed Vehicles", including but not limited
to Sections 18.1804 "Reports on Towed Vehicles", 18.1805 "Record Searches", 18.1813
"Vehicle Seizure and Impoundment", shall apply to any motor vehicle seizure or
impoundment associated with this section.
I. Other Applicable Regulations. Nothing in this section shall nullify any other applicable
sections of the Village Code including but not limited to Section 18.1419 "Operation of Motor
Vehicles, Duration; Exceptions" and 18.1425 "Failure to Display Name, Address and Permit
Number on Second Division Vehicle".
J. Police Chief Authority. The Chief of Police is hereby authorized to promulgate
rules pertaining to the administration of this ordinance as needed to maintain the
public health and welfare. All promulgated rules shall be published and available
in pamphlet form to any applicant.
APPENDIX A, DIVISION II FEE, RATES AND TAXES
Amendment to Chapter 18, Traffic Section 18.1813: VEHICLE SEIZURE AND IMPOUNDMENT
B. Cash Bond: $150 plus fees for towing any vehicle other than transportation impounded
�aursuant to Section 18.1429. For motor vehicles including but not limited to charter buses
in violation of Section 18,1429- Cash Bond: '750 plus fees for towing.
SECTION FOUR: Severability. If any section, paragraph, clause or provision of this
Ordinance is held invalid, the invalidity of such section, paragraph, clause or provision shall
not affect any of the other provisions of this Ordinance.
SECTION FIVE: Repealer. Any policy, resolution or ordinance of the Village that conflicts
with the provisions of this Ordinance shall be and is hereby repealed to the extent of such
conflict.
SECTION SIX: Conflicts. In the event of a conflict with regulations set forth elsewhere
within the Village Code of Ordinances for the Village of Mount Prospect, the provisions of
this article shall control in all matter involving hired or chartered transportation.
SECTION SEVEN: Effective Date. This Ordinance shall be in full force and effect from and
after its passage and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
ADOPTED this day of , 2024
Paul Wm. Hoefert
Mayor
ATTEST:
Karen M. Agoranos
Village Clerk