Title/Name/Summary
Introduction to Code Enforcement and Police Village Code Amendments
History
As the governing document for the community, the Village Code is vital to a successfully managed municipality. Included in the Village Code are local laws that describe how the municipal government is structured, the duties and services the Village is responsible for, how public safety is provided in the community, the regulations that help ensure properties are used and maintained properly, and much more. As part of its continuing improvement efforts, the Village is undergoing a thorough review of the Village Code to update the existing code and ensure compliance with general law, remove obsolete and/or redundant provisions and supplement with best practices and necessary additions. While updates to various individual portions of the code are routine, this is the first time that the entire code will be subjected to a full review.
Over the years, various ordinances have established fees, which are referenced throughout the code. As a part of Phase 1 of this recodification project, in addition to an enhanced noise ordinance as well as a new feral cat colony management ordinance, fines are being increased across the board and being consolidated into a single, convenient, and easy-to-find table, Appendix B, Fine Schedule.
The Village has undertaken a comprehensive review of its fine and penalty structure to ensure that penalties remain effective, equitable, and reflective of current code enforcement priorities. The Village has noticed recently that certain individuals and entities continue to violate the Village ordinances, undermining community standards and imposing unnecessary burdens on municipal resources. This includes repeat violations from the same offenders and consistent disregard for Village codes.
This caused the Village to review the existing fine minimums to ensure that monetary penalties are sufficient to deter future violations. The intent is to increase the minimum fine amounts to encourage lawful behavior and compliance, protect property values and preserve the quality of life of all residents.
In addition, 24 sections of the Village Code were reviewed and cross-referenced with existing regulations to remove conflicting regulations and ensure consistency throughout the Village Code. A summary of the ordinance changes is included below.
Appendix B: Fine Schedule
The Fine Schedule outlines the fine ranges for penalties for violation of the regulations in chapters throughout the Village Code. The first change that was made was for the General Penalty in Title 1 Chapter 4, for violations of sections of the code where a fine or penalty is not specifically listed, the minimum fine is being increased from $75.00 to $250.00 and the maximum fine is being changed from $1,000.00 to $2,000.00.
Two fines were added for Title 3 Chapter 8 - Construction of Utility Facilities in the Public Right-of-way.
Title 3, Chapter 8 Construction of Utility Facilities in the Public Rights-of-Way
This section is being replaced with a reference to regulations in the Land Development Code. This portion of the ordinance is being removed because it has become obsolete and retaining it would no longer serve a valid purpose. The remaining text will reference Section 7-102 Construction of Utility Facilities in the Public Rights-of-Way of the Land Development Code. The Land Development Code Section is up to date and is utilized for these types of violations.
The Fine Schedule is being updated for any violation of Title 3, Chapter 8, except for a stop work order, has a penalty of $100.00 to $500.00. A violation of a stop work order under Title 3, Chapter 8, is fine of $2,000.00 minimum per day per violation with a mandatory must appear at the MV (municipal violation) hearing.
Title 4, Chapter 8 Water and Sewerage System General Provisions
The fine for a first offense is being raised from $75.00 to $250.00. The second offense is being increased from $150.00 to $500.00. The third offense and above, the fine is being increased from $300.00 to $1,000.00.
Title 5, Chapter 1 Building Code Section 5-1-17
Fine language is being removed from this section and will only be listed in Appendix B: Fine Schedule. In addition, the minimum fine for tenant spaces occupied without approval and violations of this section in general is being raised from $1,000.00 to $2,000.00.
Title 5, Chapter 1 Building Code Section 5-1-4 Certificate of Occupancy
The fine amount was included in the text of the code section. The fine amount is being removed from this section but the reference to Appendix B will remain, eliminating duplicate regulations.
Title 5, Chapter 2, Section 5-2-14 Work Begun Without a Permit
The current penalty for work begun without a permit is the fee for required inspection and plan reviews shall be doubled for the first $1,000.00 of the basic building permit fee. Any permit with basic fees over $1,000.00 shall be charged an additional 35% of the remaining portion of the basic permit fees above $1,000.00. The section is being amended to increase the fine amount by doubling the fees for the first $2,000.00 and any permit with basic fees of over $4,000.00 shall be charged an additional 35% of the remaining portion of basic permit fees above $4,000.00.
Additionally, residential and commercial permits issued for work that has begun without a permit having been obtained are fined based on who began the work without the permit. If the owner, who is a resident, files a permit they are assessed a $150.00 fine plus the fines described above. This is being increased to $250.00. If a business owner or a contractor performed the work, they are currently fined $1,000.00 plus the fines described above. This is being increased to $2,000.00 plus the amended fines described above.
Title 5, Chapter 4 Plumbing Code, Section 5-4-4: Violations
This section is being updated to add a penalty section to the plumbing code, Section 5-4-4 will be amended to Violations and Penalties. Additionally, a penalty section is being added to the section that references the Fine Schedule. The Fine Schedule was updated to include fines of $250.00-$2,000.00.
The remining sections of Title 5 were updated in the Fine Schedule to reflect the new minimum fine amount being increased from $1,000.00 to $2,000.00
Title 6 Health, Nuisances, Chapter 2 Nuisances Section 6-2-2-2 Dogs
Fines are being increased from $75.00.00 for a first offense to $100.00. The second offense is being increased from $150.00 to $250.00. The third offense and above is being increased from $300.00 to $1,000.00 with a mandatory appearance at the MV hearing.
The fine range for Section 6-2-2-2(2) Dangerous, Fierce, Vicious Dogs was previously scaled based on the number of offenses. This is being amended to add a fine range of $250.00 to $2,500.00.
Title 6 Health, Nuisances, Chapter 2 Nuisances Section 6-2-4-4 Citation Procedure
The current citation procedure included the following language: In the event that the same person is given a second or greater number of citations or preliminary citation for the same violation under this chapter within a period of three years the amount in (1) above may be increased to an amount not greater than $750.00 (every day shall be considered a separate violation). This language is being removed from the section. The Fine Schedule already lists a fine range of $75.00 - $100.00 which will remain and a requirement that the offender must appear at the MV hearing is being added.
Title 6, Chapter 4 Noise Control, Section 6-4-2-1 Loud Noises Prohibited.
This section of the code is being strengthened to enforce against excessive, unnecessary, or unusually loud or amplified noises that can unreasonably disturb the quiet enjoyment of property or interfere with the welfare of the community.
Language is being added that limits the time for loud noises to between the hours of 10:00 p.m to 7:00 a.m. on Sundays through Thursdays, and 11:00 p.m. to 7:00 a.m. on Friday’s and Saturday’s.
Criteria for determining if a sound is unreasonably loud include proximity to sleeping areas, land use, time of day, and the duration of the sound. The amendment continues by identifying acts that would constitute a nuisance under this section. Shouting, yelling or similar, stereos, radios or similar devices, and lawnmowers or similar. The regulations regarding lawn mowers in residential or commercial areas refers to operation of these devices between the hours of 9:00 p.m. and 7:00 a.m.
Language is being added regulating noise at special events. On municipal owned or commercial property amplified noise from such events shall cease at 11:00 p.m. and not begin sooner than 7:00 a.m. and not be nearer than 75 feet of residential properties surrounding the event. In residential areas, the same hour limitations apply but it cannot be nearer than 20 feet of surrounding residential property.
The Fine Schedule was updated to include the fine range of $250.00 - $1,000.00.
Title 6, Chapter 7 Disruption of Utility Service, Section 6-7-3 Penalty
Language is being added so that in the event of a service disruption, the Village shall issue a citation to the utility provider determined to be at fault within 7 business days of the disruption or within 7 days of the Village’s determination of fault.
Penalties were updated in the Fine Schedule. First offense will be increased from $750.00 to $1,000.00. The second offense will be $2,000.00 fine and a must appear at MV hearing will be issued. For the third and subsequent offenses, fines will continue to double from previous offense and a must appear at the MV hearing will be issued.
The section is also being amended to allow the Village to pursue other remedies, including billing the utility provider for Village emergency response or infrastructure damages.
The remainder of Title 6 was updated in the Fine Schedule to reflect the new minimum fine amount $250.00.
Title 7, Chapter 4 Retail Liquor Establishments
The minimum fine as it relates to the conduct of licensee is being changed from $250.00 to $1,000.00 to $250.00 to $2,000.00.
Violations for retail liquor establishments regarding prohibited sales is being updated in the Fine Schedule to require a mandatory appearance at the MV hearing. The fine for a third offense and above is being increased from $750.00 to $1,000.00.
Parental Responsibility (Underage Possession and Consumption of Alcohol) is being updated in the fine schedule. The minimum fine for a first offense is being increased from $100.00 to $1,000.00. The second offense is a minimum fine of $2,000.00 and for the third offense and above the minimum fine will be $2,500.00.
Title 7, Chapter 5, Solicitors, Section 7-5-12 Penalties
Minimum fine amounts were removed from this section and updated in the Fine Schedule. First offense is being increased from $150.00 to $250.00. Second offense is increasing from $250.00 to $500.00. The third offense and above is $1,000.00
Language is also updated in the Fine Schedule to implement the new minimum fine amounts and to require a mandatory appearance at the MV hearing. Massage Establishments increased the minimum fine of $500.00 to $1,000.00 and the max fine was increased from $1,000.00 to $2,000.00.
Title 7, Chapter 15, Tobacco Products is being updated in the Fine Schedule to reflect that the Village Manager may levy a fine of at least $500.00 for each violation.
Title 8 Police, Chapter 3 Alarm Systems Sections 8-3-9 and 8-3-10
Alarm Permit revocation proceedings typically begin after the twelfth false alarm in one calendar year. This threshold is being reduced to nine false alarms. The cost to reinstate a permit is being increased from $50.00 to $250.00. Fines were previously assessed after six false alarms, this is being reduced to 4 false alarms.
Title 8, Chapter 4 Animals, Section 8-4-21 Feral Cat Colony Management
Section 8-4-21 is being revised to add a section regulating the management of feral cat colonies in Orland Park. The State of Illinois authorizes municipalities to adopt programming for the humane management of feral cats, including the registration of feral cat colony caretakers and sponsors.
These additional regulations will be consistent with the State of Illinois and in full compliance and in conjunction with Cook County Ordinance 07-O-72.
The Fine Schedule was updated as well. First offense is a $250.00 fine with a must appear at MV hearing. Second offense is $500.00 with a must appear and for the third and above the minimum fine will be $1,000.00 with a must appear at the MV hearing.
Title 8, Chapter 6, Section 8-6-15 Social Hosting
Social hosting laws hold adults accountable for knowingly allowing underage drinking. This section already exists in the Village Code. The proposed amendment will increase the minimum fines. All violations require mandatory appearance at the MV hearing. The first offense is being increased from $250.00 to $1,000.00. The second offense will be a $2,000.00 fine and the third offense will be $2,500.
Title 8, Chapter 8 Violation Citations Section 8-8-1 Citations for Specific Violations
A police officer is authorized to arrest a person without a warrant because of a violation of certain regulations instead may issue a citation as opposed to filing a complaint in court. The list of violations is being adjusted to remove, requiring the purchase and display of a vehicle sticker, regulating the licensing of dogs, and regulating and licensing businesses. A reference to the Fine Schedule was also included.
Title 9 Traffic, Chapter 1 Vehicle Licenses, Section 9-1-1 through 9-1-10.
This section is being removed in its entirety because the chapter is obsolete and is no longer relevant to current Village operations.
Title 9, Chapter 3 Drivers, Section 9-3-4
Under current regulations nobody under the age of 16 can operate a motor vehicle. This section is being updated to clarify that it does not apply to drivers who have been issued a valid learning permit and comply with all of the provisions and laws applying to the learning permit.
Title 9, Chapter 6 General Rules of the Road Section 9-6-1 through 9-6-18-4
Language is being added to the negligent driving section to include the use of an electronic communication device while operating a motor vehicle in the Village.
The operation of vehicles in parks is being amended to include any motorized vehicle capable of transporting a person or persons by any method and may only be operated by an operator who possesses a valid driver’s license with applicable classifications or endorsements for the vehicle being operated. The types of motorized vehicles prohibited in parks was amended to include a golf cart, club cart, or any off-road type of vehicle.
The use of streets and alleys by commercial vehicles (trucks) is being updated to include that no person shall operate a commercial vehicle on the streets and alleys of the Village until the owner or operator of a commercial vehicle ensures the intended route and roadway the vehicle will operate upon is designated for the vehicle classification. In addition, commercial vehicles are required to obtain permits for any road that requires a permit.
Title 9, Chapter 7 Stopping, Standing, and Parking Regulations 9-7-1 through 9-7-12
Section 9-7-8 is being changed from Residents Parking Only to Old Orland Parking Only. This clarifies specifically where these restrictions are enforced. Language is being added to clarify that stopping, standing, or parking on any roadway does not apply to motor vehicles experiencing sudden mechanical failures or breakdowns out of control of the driver.
Section 9-7-11-11 Parking Across Parking Stall Markings is being added. This allows a citation to be written when a vehicle is not parked entirely within the designated parking space or stall. Language is also being added to the Violation section to add reference to the Fine Schedule.
Title 9, Chapter 8 Parking Lot Regulations Section 9-8-2
This section prohibits people from leaving a running vehicle unattended. Language is
being added to reference removing a key fob or similar device as opposed to just a key.
Title 9, Chapter 9 Traffic Schedules, Section 9-9-1 through 9-9-17
Language is being added that allows parking greater than 15 feet from a fire hydrant. The previous regulation prohibited parking on the side of the street where the fire hydrant was located.
Title 9, Chapter 11 Abandoned, Wrecked Vehicles Section 9-11-1 through 9-11-10-7
Section 9-11-9 Towing Hearings is being removed in its entirety and replaced with updated language. Whenever a vehicle is towed by the Village police department the owner must pay an administrative fee of $100.00 per tow.
Owners in possession of a vehicle shall pay an administrative fee of $500.00 per tow when associated with the following violations: driving while license is suspended or revoked, use of a motor vehicle by a person with an expired driver’s license, driving under the influence, use of a vehicle in the commission of aggravated speeding, reckless driving, or in attempt to commit, any other misdemeanor or felony offense, operation of a vehicle by a person who has a warrant, operating a vehicle while possessing cannabis, operating a vehicle in the attempt to commit an offense involving firearms, operation of a vehicle in the attempt to commit an offense involving theft, or use of a motor vehicle in the attempt to commit an offense for which a motor vehicle may be seized and forfeited pursuant to section 36-1 of the criminal code.
Section 9-11-9-3 language is being added to outline the process or a hearing and for the release of the vehicle to the owner of record, upon payment of all administrative fees and towing and storage fees. The remainder of the section is being updated to require a notice for impounded vehicles as well as the procedure for the notice of administering the administrative hearing for towed vehicles.
Title 9, Chapter 13 Fines and Permits for Overweight/Over Dimension Vehicles
This section is being removed in its entirety because it is obsolete, and no longer relevant to current Village operations.
Title 9, Chapter 14 Administrative Settlement Section 9-14-4
Language is being removed that required Village vehicle stickers, because the Village discontinued this program.
Title 9, Chapter 15 Administrative Adjudication of Vehicular Standing, Parking and Compliance Violations Sections 9-15-9-1-Schedule A.
If a fine is paid prior to the 1st hearing date or on the first hearing date, it is increased from $60.00 to $75.00. If it is paid before the 2nd hearing date the fine will be increased from $100.00 to $125.00. If paid on the 2nd hearing date the fine amount will be increased from $150.00 to $175.00. If not paid at the 2nd hearing date but prior to commencement of the 3rd hearing date the fine amount will be increased from $200.00 to $225.00.
The remaining changes, if not listed above, were documented in Appendix B, Fine Schedule.
This item is now before the Committee of the Whole for consideration. Based on Village Board feedback, this item will be placed on a future Village Board agenda for formal adoption.
Recommended Action/Motion
This item is for discussion only.