The URL can be used to link to this page

Public Safety Packet 2008 04-24-08 ClTyO United City of Yorkville T 800 Game Farm Road EST. . ... 1836 Yorkville, Illinois 60560 \� Telephone: 630-553-4350 006 �1�® '° � `' Fax: 630-553 -7575 kM ''®�® <`E ,AV AGENDA PUBLIC SAFETY COMMITTEE MEETING Thursday, April 24, 2008 6:00 p.m. City Hall Conference Room Presentation: None Minutes for Correction/Approval: New Business : 1 . PS 2008- 16 Police Reports for March 2008 2. PS 2008- 17 Ordinance Amending City Code Adopting the Smoke Free Illinois Act Old Business: 1 . PS 2007-43 Parking Restrictions for Select Arterial and Collector Streets a. Restrict Parking on East Kendall Drive 2. PS 2008-05 Administrative Adjudication 3 . PS 2007-28 Ice Cream Vendors / Soliciting Ordinances a. Ordinance Amending City Code regarding Solicitors, Hawkers, and Itinerant Merchants b. Ordinance Amending City Code regarding Mobile Food Vendor Units Additional Business: UNITED CITY OF YORKVILLE WORKSHEET PUBLIC SAFETY COMMITTEE Thursday, April 24, 2008 6:00 PM YORKVILLE PUBLIC LIBRARY --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: ------------------ --------- --------------------------------------------------------------------------- -- - 1 . PS 2008-16 Police Reports for March 2008 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ----------- ------------------------------ ----------------------------------------------------------------------------- 1 . PS 2008-17 Ordinance Amending City Code Regarding Smoke Free Illinois Act ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PS 2007-43 Parking Restrictions for Select Arterial and Collector Streets ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PS 2008-05 Administrative Adjudication ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ---------- ----------- - ----------- ----------------------------------------------------------------------------------------- 3 . PS 2007-28 Ice Cream Vendors / Soliciting Ordinances a. Ordinance Amending City Code regarding Solicitors, Hawkers, and Itinerant Merchants ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes b. Ordinance Amending City Code regarding Mobile Food Vendor Units ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- ®,c400 C/;r.y Reviewed By: Agenda Item Number O 0 � T Legal ❑ ��vi �uS( uESS # � Finance ❑ EST 1836 Engineer ❑ Tracking Number < (�l City Administrator r-1 Q �O Consultant ❑ �,•„ > PS 2008-16 <CE rV`' Agenda Item Summary Memo Title: Police Reports for March 2008 Meeting and Date: Public Safety Committee — April 24, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Molly Batterson Police Name Department Agenda Item Notes: Y Yorkville Police Department Incident Report Summary RK March 17, 2008 through April 13, 2008 °,L 080656 through 080916 �, .. L e Report # Date Offense , Location 080656 3/17/2008 Theft Over $300 100 Blk. Bertram Drive 080657 3/17/2008 Sex Offender Registration 800 Blk. Game Farm Road 080658 3/17/2008 Burglary from Motor Vehicle 300 Blk. Mulhern Court 080659 3/17/2008 No Valid Driver's License Route 126 1Mill Street 080660 3/17/2008 Motorist Assist - Lockout 1300 Blk. Game Farm Road 080661 3/17/2008 No Valid Driver's License 100 Blk. E.Stagecoach Trail 080662 3/17/2008 Harassment by Telephone 800 Blk. Game Farm Road 080663 3/17/2008 Accident 300 Blk. Mulhern Court 080664 3/17/2008 Motorist Assist - Lockout 1700 Blk. Marketview Drive 080665 3/17/2008 Theft $300 and Under 700 Blk. Game Farm Road 080666 3/18/2008 Domestic Trouble 200 Blk. E.Main Street 080667 3/18/2008 Motorist Assist - Lockout 1400 Blk. N.Bridge Street 080668 3/18/2008 Burglary from Motor Vehicle 400 Blk. W.Kendall Drive 080669 3/18/2008 Possession of Cannabis Route 71/Route 47 080670 3/7/2008 Assist Schools 400 Blk. Bristol Bay Drive 080671 3/18/2008 Fraud 1400 Blk. Chestnut Court 080672 3/18/2008 Fraud 200 Blk. W.Hydraulic Avenue 080673 3/18/2008 Lost Articles 700 Bilk. Farm Road 080674 3/18/2008 Motorist Assist - Lockout 1000 Blk. Dalton Avenue 080675 3118/2008 Accident 7700 Blk. Route 34/Bristol Ridge Road 080676 3/18/2008 Accident Route 47/Route 126 080677 3/18/2008 Motorist Assist - Lockout 600 Blk. W.Veterans Parkway 080678 3/19/2008 Possession of Cannabis 700 Blk. Game Farm Road 080678 3/19/2008 Possession of Drug Paraphernalia 700 Blk. Game Farm Road 080679 3/19/2008 Other Public Service 800 Bik. Game Farm Road 080680 3/19/2008 Motorist Assist - Lockout 100 Blk. E.Veterans Parkway 080681 3/19/2008 Canine Demonstration 200 Bik. W.Center Street 080682 3/19/2008 Lost Articles 1500 Blk. Sycamore Road 080683 3/19/2008 Motorist Assist - Lockout 1100 Blk. S.Bridge Street 080684 3/19/2008''Motorist Assist - Lockout 100 Blk. Madison Street 080685 3/19/2008 Harassment by Telephone 1300 Blk. Carolyn Court 080686 3/19/2008 Accident 200 Blk. E.Veterans Parkway 080687 3/19/2008 Accident 100 Blk. W.Veteraris Parkway 080688 3/20/2008 Accident 400 Blk. Center Parkway 080689 3/20/2008 Accident Emerald Lane/Coral Drive 080690 3/20/2008 Child Safety Seat Check 800 Blk. Game Farm Road 080691 3/20/2008 Accident Route 47/Galena Road 080692 3/20/2008 Assistance Rendered - Civil Category 1400 Blk. Orchid Street 080693 3/20/2008 Found Articles 700 Blk. Game Farm Road 080694 3/21/2008 Canine Assist - Other Agency 1100 Blk. Cornell Lane 080695 3/20/2008 Canine Assist - Other Agency 500 Blk. W. Route 34 080696 3/20/2008 Accident Route 34/Game Farm Road 080697 3/20/2008 Child Safety Seat Check 800 Blk. Game Farm Road 080698 3/20/2008 Assist Ambulance 600 W.Veterans Parkway 080699 3/21/2008 Found Articles 2000 Blk. S.Bridge Street 080700 3/21 /2008 Suspended Driver's License Route 71/Route 47 080701 3/21 /2008 Motorist Assist - Lockout 200 Blk. E.Veterans Parkway 080702 3/21 /2008 Canine Training Geneva, Illinois 1 of 6 . . . .....:. y Yorkville Police Department Incident Report Summary R March 17, 2008 through April 13, 2008 080656 through 080916 �. . L E Report # Date `. Offense Location ,, 080703 3/21 /2008 Accident Route 47/1-andmark Avenue 080704 3/21 /2008 Harassment by Telephone 200 Blk. E.Schoolhouse Road 080705 3/21 /2008 Theft $300 and Under 900 Blk. Erica Lane 080706 3/22/2008 Accident Route 47/Hydraulic Avenue 080707 3/22/2008 Motorist Assist - Lockout 1800 Blk. Marketview Drive 080708 3/22/2008 Criminal Damage to Property 1300 Blk. Sunset Street 080709 3/22/2008 Criminal Damage to Property 1400 Blk. Chestnut Lane 080710 3/22/2008 Accident Kennedy Road/Galena Road 080711 3/2212008 Obstructing Justice Route 71/Route 47 080712 3/2212008 Deceptive Practices 200 Blk. E.Veterans Parkway 080713 3/22/2008 Motorist Assist - Lockout 1200 Blk. N.Bridge Street 080714 3/23/2008 Battery 1600 Blk. Cannonball Trail 080715 3/23/2008 Criminal Damage to Property 4500 Blk. Garritano Street 080716 3/2312008 Citizen Assist 800 Blk. Game Farm Road 080717 3/23/2008 Harassment by Telephone 4500 Blk. Garritano Street 080718 3/23/2008 Harassment by Telephone 200 Blk. Adams Street 080719 3/23/2008 City Ordinance Violation 200 Blk. S.Bridge Street 080720 3/23/2008 Residential Burglary 700 Blk. Clover Court 080721 3/24/2008 Theft Over $300 1300 Blk. Crimson Lane 080722 3/24/2008 Accident Landmark Avenue/Route 47 080723 3/24/2008 Disorderly Conduct 500 Blk. Parkside Lane 080724 3/24/2008 Theft $300 and Under 500 Blk. W.Kendall Drive 080725 3/24/2008 Fraud 2500 Blk. Overlook Court 080726 3/24/2008 Motorist Assist - Lockout 1900 Blk. S.Bridge Street 080727 3/24/2008 Motorist Assist - Lockout 900 Blk. Erica Lane 080728 3/24/2008 Motorist Assist - Lockout 0 Blk. W.Veterans Parkway 080729 3/24/2008 Harassment by Telephone 4500 Blk. Garritano Street 080730 3/24/2008 Accident Freemont Street/Somonauk Street 080731 3/24/2008 Motorist Assist - Lockout 1200 Blk. N.Bridge Street 080732 3/24/2008 Suspicious Circumstances 100 Blk. Appletree Court 080733 3/24/2008 Harassment by Telephone 100 Blk. Colonial Parkway 080734 3/2512008 Motorist Assist - Lockout 500 Blk. S.Bridge Street 080735 3/25/2008 Motorist Assist - Lockout 1400 Blk. N.Bridge Street 080736 3/25/2008 Child Safety Seat Check 800 Blk. Game Farm Road 080737 3/2512008 Junk/Salvage Title Investigation 800 Blk. S.Bridge Street 080738 3/25/2008 Assist State's Attorney 500 Blk. Parkside Lane 080739 3/19/2008 Assistance Rendered - Civil Category 500 Blk. Parkside Lane 080740 3/25/2008 Telephone Threat 500 Blk. Cheshire Court 080740 3/25/2008 Harassment by Telephone 500 Blk. Cheshire Court 080741 3/25/2008 Accident 1200 Blk. N.Bridge Street 080742 3/25/2008 Criminal Damage to Property 1200 Blk. N.Bridge Street 080743 3125/2008 Motorist Assist - Lockout 1200 Blk. N.Bridge Street 080744 3/25/2008 Canine Assist - Other Agency Lisle, Illinois 080745 3/25/2008 Runaway/MRAI 600 Blk. Windett Ridge Road 080746 3/26/2008 Suspicious Circumstances 200 Blk. W.Fox Street 080747 3/26/2008 Burglary from Motor Vehicle 500 Blk. Parkside Lane 080748 3/26/2008 Residential Burglary 1000 Blk. Stillwater Court 080749 3/26/2008 Criminal Trespass to Vehicle 2100 Blk. Hearthstone Avenue 2of6 Yorkville Police Department Incident Report Summary R March 17, 2008 through April 13, 2008 vL 080656 through 080916 L E teportt Date `< Offense t Location " 080750 3/26/2008 Driving Under the Influence of Alcohol Yellowstone Lane/Meadowview Lane 080751 3/26/2008 Criminal Trespass to Vehicle 1000 Blk. Dalton Avenue 080752 3126/2008 Accident Route 34/Cannonball Trail 080753 3/26/2008 Canine Assist - Other Agency 3500 Blk. Route 34 080754 3/26/2008 Motorist Assist - Lockout 100 Blk. E.Center Street 080755 3/26/2008 Burglary from Motor Vehicle 500 Blk. Powers Court 080756 3/26/2008 Credit Card Fraud 800 Blk. Heartland Drive 080757 3/26/2008 Burglary from Motor Vehicle 200 Blk. Bertram Drive 080758 3/26/2008 Citizen Assist 600 Blk. Andrea Court 080759 3/26/2008 Criminal Trespass to Vehicle 1900 Blk. Weston Avenue 080760 3/26/2008 Domestic Trouble 200 Blk. W.Fox Street 080761 3127/2008 Mischevious Conduct - No Dollar Loss 1100 Blk. Sunset Street 080762 3/27/2008 Suspended Driver's License Route 34/Cannonball Trail 080763 3/27/2008 Motorist Assist - Lockout 1200 Blk. N.Bridge Street 080764 3/27/2008 Citizen Assist 1000 Blk. S.Main Street 080765 3/27/2008 Accident Route 47/Kennedy Road 080766 3/27/2008 Accident Route 34/Route 47 080767 3/27/2008 Assist Business Agency 3200 Blk. Cannonball Trail 080768 3/27/2008 Motorist Assist - Lockout 1400 Blk. Cannonball Trail 080769 3/27/2008 Assist Ambulance 1500 Blk. Orchid Street 080770 3/27/2008 Harassment by Telephone 100 Blk. E.Veterans Parkway 080771 3/27/2008 Accident Route 126/Route 47 080772 3/27/2008 Suspicious Circumstances Deerpoint Lane/Prairie Crossing 080773 3128/2008 Accident Route 47/Wheaton Avenue 080774 3/28/2008 Motorist Assist - Lockout 1400 Blk. Cannonball Trail 080775 3/28/2008 Accident Hydraulic Avenue/Morgan Street 080776 3/28/2008 Child Safety Seat Check 800 Blk. Game Farm Road 080777 3/28/2008 Criminal Sexual Assault 800 Blk. Game Farm Road 080778 3/28/2008 Motorist Assist - Lockout 100 Blk. Route 126 080779 3/28/2008 Found Articles 0 Blk. W.Veterans Parkway 080780 3/28/2008 Criminal Damage to Property Route 34/Marketplace Drive 080781 3128/2008 Domestic Trouble 100 Blk. E.Schoolhouse Road 080781 3/28/2008 Assist Ambulance 100 Blk. E.Schoolhouse Road 080782 3/29/2008 Other Public Complaints 0 Blk. W.Veterans Parkway 080783 3/29/2008 Accident W.Galena Road/Route 47 080784 3/2912008 Motorist Assist - Lockout 0 Blk. Countryside Parkway 080785 3/29/2008 Burglary from Motor Vehicle 100 Blk. E.Fox Street 080785 3/29/2008 Criminal Damage to Property 100 Blk. E.Fox Street 080786 3/29/2008 Child Safety Seat Check 800 Blk. Game Farm Road 080787 3/29/2008 Child Safety Seat Check 800 Blk. Game Farm Road 080788 3/29/2008 Warrant Arrest Route 71/Sleepy Hollow Road 080789 3/29/2008 Canine Vehicle Search Route 71/Sleepy Hollow Road 080790 3/29/2008 Harassment by Telephone 900 Blk. Canyon Trail 080791 3/29/2008 Child Safety Seat Check 800 Blk. Game Farm Road 080792 3/29/2008 Citizen Assist 800 Blk. Heartland Drive 080793 3/29/2008 Motorist Assist - Lockout 100 Blk. E.Stagecoach Trail 080794 3/29/2008 Speeding (Over 100 MPH) Sleepy Hollow Road/Route 71 080795 3/29/2008 Motorist Assist - Lockout 600 Blk. Center Parkway 3of6 Y Yorkville Police Department Incident Report Summary px March 17, 2008 through April 13, 2008 L 080656 through 080916 r . L E Report # Date ' _ Offense Location , 080796 3/29/2008 Criminal Damage to Property 4500 Blk. Garritano Street 080797 3/30/2008 Domestic Trouble 1400 Blk. Orchid Street 080798 3/30/2008 Possession of Drug Paraphernalia Rotue 126/Route 71 080798 3/30/2008 Possession of Cannabis Rotue 126/Route 71 080798 3/30/2008 Consumption of Alcohol Route 126/Route 47 080799 3/30/2008 Obstructing Justice 100 Blk. S.Bridge Street 080799 3/30/2008 Domestic Trouble 100 Blk. S.Bridge Street 080800 3/30/2008 Domestic Battery 1200 Blk. Marketplace Drive 080800 3/30/2008 All Other Criminal Offenses 1200 Blk. Marketplace Drive 080801 3/30/2008 Resisting Arrest 1300 Blk. Marketplace Drive 080801 3/30/2008 Warrant Arrest 1300 Blk. Marketplace Drive 080802 3/30,12008 Domestic Trouble 1000 Blk. John Street 080803 3/30/2008 Domestic Trouble 500 Blk. Redbud Drive 080804 3/30/2008 Accident Route 71 /Timbercreek Drive 080805 3/30/2008 Sex Crime Investigation 2400 Blk. Alan Dale Lane 080806 3/30/2008 Accident 1900 Blk. S.Bridge Street 080807 3/3112008 Accident 1200 Blk. N.Bridge Street 080808 3/31/2008 Accident 100 Blk. W.Veterans Parkway 080809 3/31/2008 Violation of Order of Protection 500 Blk. Cheshire Court 080810 3/31/2008 Harassment by Telephone 100 Blk. Colonial Parkway 080811 4/1/2008 Burglary 1100 Blk. N.Bridge Street 080811 4/1 /2008 Criminal Damage to Property 1100 Blk. N.Bridge Street 080812 4/1 /2008 Assist Ambulance 1300 Blk. Marketplace Drive 080813 4/112008 Suspended Driver's License Route 71 /Village View Drive 080814 4/1 /2008 Motorist Assist - Lockout 500 Blk. W.Kendall Drive 080815 4/1/2008 Canine Vehicle Search Route 711Village View Drive 080816 4/1/2008 Other Public Complaints 600 Blk. Tower Lane 080817 4/2/2008 Canine Training Tinley Park, Illinois 080818 4/2/2008 Accident Route 47/Galena Road 080819 4/2/2008 Child Safety Seat Check 800 Blk. Game Farm Road 080820 4/2/2008 Criminal Damage to Property 4500 Blk. Garritano Street 080821 4/2/2008 Harassment by Telephone 1300 Blk. Marketplace Drive 080822 4/3/2008 Domestic Trouble 400 Blk. Park Street 080823 4/3/2008 Accident Route 126/Prairie Crossing 080824 4/3/2008 Canine Training Geneva, Illinois 080825 4/3/2008 Canine Assist - Other Agency Elgin, Illinois 080826 4/3/2008 Domestic Battery 300 Blk. Walter Street 080826 4/3/2008 Criminal Damage to Property 300 Blk. Walter Street 080827 4/3/2008 Accident Route 47/Route 71 080828 4/3/2008 Citizen Assist 600 Blk. Tower Lane 080829 4/3/2008 Motorist Assist - Lockout 600 Blk. E.Veterans Parkway 080830 4/3/2008 Domestic Trouble 1000 Blk. John Street 080831 4/3/2008 Motorist Assist - Lockout 900 Blk. Erica Lane 080832 4/4/2008 Warrant Arrest Kennedy Road/Freedom Place 080833 4/4/2008 Burglary from Motor Vehicle 300 Blk. E.Fox Street 080833 4/4/2008 Criminal Damage to Property 300 Blk. E.Fox Street 080834 4/4/2008 Motorist Assist - Lockout 1900 Prairie Rose Lane 080835 4/4/2008 Disorderly Conduct 1300 Blk. Chestnut Circle 4of6 Y Yorkville Police Department Incident Report Summary aK March 17, 2008 through April 13, 2008 L 080656 through 080916 L E Report # Date offense Location-,; . 080836 4/4/2008 Accident Route 34/Cannonball Trail 080837 4/4/2008 Suspended Driver's License Route 71 /Raintree Road 080838 4/4/2008 Abandoned Vehicle Route 34/Cannonball Trail 080838 4/4/2008 Towed Vehicle Route 34/Eldamain Road 080839 4/4/2008 Disorderly Conduct 1800 Blk. Marketview Drive 080840 4/4/2008 Runaway/MRAI 200 Blk. Dickson Court 080841 4/412008 Accident Route 34/Marketplace Drive 080842 4/4/2008 Disorderly Conduct 200 Blk. E.Veterans Parkway 080843 4/4/2008 Domestic Trouble 300 Blk. Mulhern Court 080844 4/5/2008 Motorist Assist - Lockout 2500 Blk. Boomer Lane 080845 4/5/2008 Assist Business Agency 1400 Blk. N.Bridge Street 080846 4/5/2008 Motorist Assist - Lockout 200 Blk. E.Veterans Parkway 080847 4/5/2008 Battery Route 71 /Country Hills Drive 080847 4/5/2008 Harassment by Telephone Route 71 /Country Hills Drive 080848 4/5/2008 Warrant Arrest Route 47/Route 126 080849 4/5/2008 Canine Vehicle Search Route 126/Mill Street 080850 4/6/2008 Domestic Battery 1200 Blk. Marketplace Drive 080850 4/6/2008 Battery 1200 Blk. Marketplace Drive 080850 4/6/2008 Criminal Trespass to Vehicle 1200 Blk. Marketplace Drive 080851 4/6/2008 Battery 100 Blk. S.Bridge Street 080852 4/6/2008 Warrant Arrest 800 Blk. Game Farm Road 080853 4/6/2008 Criminal Damage to Property 1200 Blk. Marketplace Drive 080854 4/6/2008 Criminal Damage to Property 900 Blk. Canyon Trail 080855 4/6/2008 Suspended Driver's License Route 47/Saravanos Drive 080856 4/6/2008 Accident 300 Blk. Bertram Drive 080857 4/6/2008 Criminal Damage to Property 700 Blk. Fir Court 080858 4/6/2008 Assault 1500 Blk. Coral Drive 080858 4/6/2008 Domestic Trouble 1500 Blk. Coral Drive 080859 4/6/2008 Suspicious Circumstances 2900 Blk. Alden Avenue 080860 4/7/2008 Accident Route 47/Van Emmon Street 080861 4/7/2008 Suspended Driver's License Route 71/Sleepy Hollow Road 080862 4/712008 Criminal Damage to Property 100 Blk. Bertram Drive 080863 4/7/2008 Canine Vehicle Search Route 47/Route 34 080864 4/7/2008 Child Safety Seat Check 800 Blk. Game Farm Road 080865 4/7/2008 No Valid Driver's License Route 47/Route 34 080866 4/7/2008 Mandatory Supervised Release Notification 800 Blk. Game Farm Road 080867 4/7/2008 Mandatory Supervised Release Notification 800 Blk. Game Farm Road 080868 4/7/2008 Mandatory Supervised Release Notification 800 Blk. Game Farm Road 080869 4/7/2008 Found Articles Kennedy Road/Bristol Ridge Road 080870 4/7/2008 Child Safety Seat Check 800 Blk. Game Farm Road 080871 4/7/2008 Accident 700 Blk. Game Farm Road 080872 4/7/2008 Domestic Trouble 1500 Blk. Coral Drive 080873 4/7/2008 Motorist Assist - Lockout 1000 Blk. N.Bridge Street 080874 4/7/2008 Lost Articles 1200 Blk. Chestnut lane 080875 4/8/2008 Domestic Trouble 700 Blk. Arrowhead Drive 080876 4/8/2008 Burglary 100 Blk. S.Bridge Street 080877 4/8/2008 Suspended Driver's License Route 34/McHugh Road 080878 4/8/2008 Suspended Driver's License 600 Blk. E.Veterans Parkway 5 of 6 Y Yorkville Police Department Incident Report Summary R March 17, 2008 through April 13, 2008 L 080656 through 080916 E Report # Date offense . Location 080879 418/2008 Sex Crime Investigation 4500 Blk. Garritano Street 080879 418/2008 Suspicious Circumstances 4500 Blk. Garritano Street 080880 4/9/2008 Domestic Battery 100 Blk. Bertram Drive 080881 4/9/2008 Motorist Assist - Lockout 2700 Blk. Cranston Circle 080882 4/9/2008 Family Service 600 Blk. McHugh Road 080883 4/9/2008 Suspended Driver's License Route 47/Greenbriar Road 080884 4/9/2008 Motorist Assist - Lockout 1500 Blk. Sycamore Road 080885 4/9/2008 Canine Training 800 Blk. Game Farm Road 080886 4/9/2008 Assist Business Agency 700 Blk. Edward Lane 080887 4/9/2008 Citizen Assist 1400 Blk. Cannonball Trail 080888 4/10/2008 Criminal Trespass to Vehicle 700 Blk. Game Farm Road 080889 4110/2008 Accident Van Emmon Street/Heustis Street 080890 4/10/2008 Accident 800 Blk. Game Farm Road 080891 411012008 Motorist Assist - Lockout 2800 Blk. Overlook Court 080892 4/1012008 Suspended Driver's License Eldamain Road/Route 34 080893 4/10/2008 Accident Cannonball Trail/Route 34 080894 4/10/2008 Assistance Rendered - Civil Category Center Parkway/W.Kendall Drive 080895 4110/2008 Motorist Assist Lockout 1400 Blk. Orchid Street 080896 4/10/2008 Warrant Arrest Route 34/Game Farm Road 080896 4/10/2008 Possession of Drug Paraphernalia Route 34/Game Farm Road 080897 4/11/2008 Harassment by Telephone 2000 Blk. Ingemunson Lane 080898 4/11/2008 Domestic Battery 400 Blk. Park Street 080899 4/11 /2008 Domestic Battery 1300 Blk. Marketplace Drive 080900 4/11 /2008 Mandatory Supervised Release Notification 800 Blk. Game Farm Road 080901 4111/2008 Accident Route 47/Kennedy Road 080902 4/11/2008 Disorderly Conduct Whitekirk Lane/Prestwick Lane 080903 4/11/2008 Motorist Assist - Lockout 9000 Blk. Route 34 080904 4/11/2008 Motorist Assist - Lockout 1900 Bk. S.Bridge Street 080905 4/11 /2008 Credit Card Fraud 500 Blk. E.Main Street 080906 4/11 /2008 Motorist Assist - Lockout 900 Blk. Game Farm Road 080907 4/11/2008 Motorist Assist - Lockout 400 Blk. Landmark Avenue 080908 4/11/2008 Suspended Driver's License Route 47/E.Main Street 080909 4/12/2008 Domestic Trouble 100 Blk. S.Bridge Street 080910 4/12/2008 Accident 300 Blk. E.Van Emmon Street 080911 4/12/2008 Assist Business Agency 200 Blk. E.Veterans Parkway 080912 4113/2008 Possession of Cannabis Route 34/Diehl Farm Road 080913 4/13/2008 Assist Ambulance 1000 Blk. Hampton Lane 080914 4113/2008 Criminal Trespass to Land 4000 Blk. N.Bridge Street 080915 4/13/2008 No Valid Driver's License Route 30/Dickson Road 080916 4/13/2008 Suspicious Circumstances 2000 Blk. S.Bridge Street 6of6 Yorkville Police Department Manhour Report - March 2008 1 2x07 , . ' 200$ PX (R MAR'. - APRr' IQ1 ,: t Jt}N., , �.JUL:v. 41 "SEP ' - OCT AO� ' DEC ; <TOTALC j 08 °fiTES MATT TOTALS „ Accidents 26.42 35.25 34.25 31.50 30. 17 37.92 46.03 45.08 42.58 50.421", 4`41" 44.42 42.17 32. 17 a j°x' ' . .' Administrative Activity 366.58 267.08 254.67 248.92 533.25 617.67 372.92 487.67 395.92 298.25 ^` 468.75 363.75 297121 110" Animal Complaints 6.42 5.75 7.58 11 .42 4.00 3.58 7.20 8.92 7.67 3.50 ' x , f`r 5.08 7.42 4.33 Rit`tt-1 ;--?ra,�', 3 Arrest Activity 36.50 2083. 40.92 50.92 31 .25 39.08 33.08 21.00 27. 17 42.08 32.92 37.50 4108 01 ,. ? 1 'Sk JJO Assist Agencies 187.33 192.83 245.67 232.33 223.43 186.67 234.68 203.83 176.92 259.08 w ' '` " 229.92 193.82 193.75 $}, S`z 'ikYtlfif9 Community Relations 42.08 54. 17 43.17 . 48.00 25.92 32.75 16.42 24.67 18. 17 1392 .. ` 62" 12.00 15.83 37.67 NO t "1e?1..k" $;} # Departmental Duties 115.58 143.00 180.33 167.42 180.25 227.03 168.42 232.25 187.25 218.92 0 216.081 209.67 313.40 Investigations 12.33 32.67 45.83 _ 74.33 22.50 12. 17 30.00 28.08 48.75 23.75 ,'z'jFji''1.�1 32.33 19.72 25 00 1 S' Ki,41' Ordinance/Traffic Violations 78.50 76.50 89.17 92.42 80.87 94.58 86.53 97.80 101. 18 103.58 r " , 88. 17 110.82 132. 12 z1s :jt37 :x Personnel Activity 591 .20 681 .58 882.25 . 748.67 821 .17 900. 17 846.75 811 .25 765.83 963.92 �,a,9 bt ! 729.92 - 764.83 735.25 Preventive Patrol 775.90 770.25 788.75 719.02 784.40 856.70 1024.67 894.67 941.07 1097.45 ` 935.42 963. 13 1009. 12 .... Public Complaints 1 18.25 103.35 136.50 139.92 152.62 154.00 161.07 143.451 121.17 126.92 $` `, : 1 17. 17 101 .45 119 08 t-„ ',tM ' , KIFf Public Services 41.58 42.421 57. 171 58.75 63.671 80.38 76.25 71 .65 51 .00 68.58 ;x , ,: 66.33 71.75 6467 '%+ s'F,�.z,,, 2.15 Report Activity 216.42 209.67 279.47 , 212.67 292.18 223.15 267.90 263.42 228.42 242.08 cd,`„B�7S;7a'2j 211 .08 178.25 26807 } jg}1h{N69 School Activity 0.00 0.42 0.58 0.25 0. 17 0.00 8.08 0.83 0.00 0.000l r'a 0.671 0.42 0 50 ,r 7?,+ I+ �l `�et ` 59 Traffic Activity 289.00 380.20 329.25 330.67 309.92 339.83 308.92 350.42 383.90 402.33 ^'�' 9 #:$b 342.83 404.43 45007 �z;jry rq O �13�. Training 301.67 154.92 240.50 132.50 160.50 152.67 233.58 231.25 227.08 235.50 M$$M 369.08 315.92 268.00 y ; . III I 2008' . If ADMINLSTRAT[tE' . "'. , , >MAR, „ ArR 11AY 'JUN : AUG , -= 'SFP` : OCT , , NOY .; DEt: :TOTALS ``JAPiO$ FEB " "MAR " TOTALS"' - Canine Officers/Training 346.66 346.66 "",`" ',6'°.,'�, Chief 173.33 173.331 173.331 173.33 173.33 173.33 173.33 173.33 173.33 173.33 'i }! { ,1 173.33 173.33 173.33 111 1; �519''; Q Adminstrative Sergeant 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 ;m, 11$1! 173.33 173.33 173,33 ,i CPAT Officer 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 a ,` , Crossing Guards (In Days) 68.00 60.00 88.00 12.00 0.00 0.00 71.50 73.50 60.00 45.00 :;u ,j �Q 83.50 76.00 50.00 N" Detectives 346.66 346.66 346.66 173.33 173.33 173.33 173.33 346.66 346.66 346.66 346.66 346.66 346.66 Director of Support Services - ----- 173.33 173.33 173.33 173.33 173.33 173.33 173 33y i 173.33 173.33 173 33 PP ----- ---- t? 1.1 ,3 Lieutenants 346.66 346.66 346.66 346.66 346.66 346.66 346.66 346.66 346.66 346669 346.66 346.66 34666 " `� h;ii`y'�, Q39:98 Exec. Asst/Records Supervisor 346.66 346.66 346.66 346.66 346.66 346.66 346.66 346.66 346.66 346 66 IA15§14 346.66 346.66 346.66 Police Recruits 80.00 346.661 346.66 639.99 346.66 346.66 346.66 346.66 346.661 80 00 ,Y�j,37J. . 0.00 0.00 0 00 `V Records Clerks 346.66 346.66 346.66 - 346.66 346.66 346.66 346.66 346.66 346.66 346 66 J,r4 9? '3 346.66 346.66 346.66 1,(9ff ,' '?1(139;J8 School Resource Officers 346.66 346.66 346.66 346.66 173.33 173.33 346.66 346.66 346.66 346.660 346.66 346.66 34666 !# '.0 TQTAL9 ' 59$3711 61775p ; 6 344.01 ;' 6204.99 ` 6142.89 "6384.97 `6593.95 6763.02 16557.36 ' 6701:90 „15494.63 :6412.29 " 6303 50 64 0.02 .19185.81 "Note, SRO's stopped completing Daily Activity Reports on 11- 15-2006; times included in hourly reports prior to this date. "One SRO on patrol duties during July/August 2007. Manhours included in the top section. Yorkville Police Department Offense Report - March 2008 Offense Cate titles APR MA JUN JUL Ai3G ' SEE OCT NOV DEC 07 TOTALS JAN PEB OS TOTALS' Arson 0 0 0 1 0 0 f 0 0 0 0 1 0 0 0 0 Assault 3 1 0 2 1 3 2 1 0 1 14 2 1 8 1 4 Battery 14 11 10 8 12 9 1 16 10 10 8 137 9 8 9 26 Burglary 6 7 6 1��15 15 6 19 7 5 116 5 5 12 22 Cannabis Offenses 1 2 4 6 3 3 2 4 1 1 2 34 3 2 6 11 Controlled Substance Offenses 0 1 0 1 0 0 0 1 0 0 0 3 1 1 1 0 2 Crimes Involving Children 2 2 1 5 1 3 4 j 1 3 8 8 4 45 2 4 3 9 Criminal Damage 9 20 20 19 31 26� 20 32 1 18 19 255 12 9 6 37 Drug Par Offenses 2 _ Deceptive Practices 8 8 7 6 6 8 9 9 1 7 — 4 _ ^93 5 2 10 17 _ _ _ __.__.. g.. _ p 1 3 5 3 3 1 3 1 2 2 30 1 4 4 9 Firearms Offenses 0 0 0 0 0 0 1 0 0 1 0 I 2 2 0 2 0 2 Gambling Offenses 0 0 0 1 0[ 0 0 0 1 0 1 0 0 0 0 0 0 Kidnapping 0 0 = 1 0 1 0 ( 1 0 0 1 1 0 3 0 1 0 1 Liquor Offenses 3 0 1 7 1 3 0 3 1 1 4 1 1 25 4 7 � 2 13 Murder 0 0 0 0 0 0 { 0 ' 0 0 0 0 0 0 '= 0 0 Robbery 0 0 1 0 0 0 1 0 0 0 0 - _-.0 0 _ 0 1 € 0 1 Sex Offenses 1 1 2 3 0 2 2 0 1 1 14 0 1 1 1 2 Theft _..._ _ _ 14 12 22 11 f 16 9 14 ` 12 16 12 163 17 8 E 9 34 All Other Criminal Offenses 23 ,' 20 27 23 1 24 35 32 9 7 261 26 1 22 1 35 83 TralCia Incidents ,:,; " MA APR MA JUN 'JUL AU SEP OCT NOVI DEC 07 TOTALS JAN FEB IMAIR 08 TOTALS' Driving Under The Influence 11 1 2 9 9 E 4 6 2 7 1 3 6 64 1 1 € 9 11 License Registration Violations 31 41 37 41 i 33 40 28 1 39 38 38 451 51 45 54 150 _. Seatbelt Citations 12 7 17 10 1 9 31 8 8 } 11 1 12 139 6 4 12 22 Seatbelt Warnings 3 i 10 9 11 8 X17 10 i 9 € 9 104 5 1 11 9 25 Speedmg Citations 136 105 114 122 i 88 84 € 92 149 119 84 1212 61 75 151 287 Speeding Warnings 51 47 0 63 . 49 61 41 51 58 50 471 26 31 66 123 .......... ..... Transportation of Alcohol m l 3 ! 4 8 1 3 2 1 1 2 1 0 0 26 0 0 6 _6 _ Uninsured Motor Vehicle 49 62 ? 41 76 57 43, 66 69 54 s 49 653 44 43113 200 Total Citations Issued 292 230 277 301 228 326 251t326 1 267 ; 250 3174 248 1 248 :. 383 879 Total Verbal Warnings Issued 2 2 ' 5 ' 1 ',2 1 i 1 i 2' 1 1 1 1 21 5 ' 1 1 7 Total Written Warnings Issued 251 235 i 263 , 357 ' 265 331 i 285 283 � 386 1 338 3564 280 1 271 ? ' 437 988 Accident Re ortsTaken i , APR MA JUN' JUL AUG SEP` OC7 NOV DEC 07 TOTALS JAN -FEB OS'TOTALS Hit and Run Accident 5 2 5 1 6 4 5 1 15 1 6 1 4 60 5 6 1 5 16 Property Damage Accident 34 25 43 I 42 32 39 49 42 ' 37 : 47 461 31 42 34 107 __... ._ _ Personal Injury Accident 0 1 8 € 5 1 3� 6 8 9 �5 9 9 70� 7 5 1 3 15 TotallAccidents Taken 39 35 : 53 46 1 44 [ 51 63 62 j 52 P 160 544 43 53 42 95 "Unlawful Visitation Interference is reported under the Kidnapping Section of the Illinois Uniformed Crime Reporting system. The Kidnapping line item includes this offense in its totals. Yorkville Police Department - Overtime Manhour Utilization Report - 04- 12-08 Date Court Training Relief Details Admin Emerg I Invest Icom Sery Full Time Part Time 05/ 12/07 12 001 0.0_0 `_ 0.00 24.00 , 0 00 [ 0.001 22w001 0.00 58.00 106. 50 05/ 26/07 11.00 = 0.001 00001 3 00- 4_00 2 00 24 00I 0_0_0 44 00 114 50 _06/09/07 t- 6.00 ' 0.00 € 0 00 24 75 8.00 4,001 17 50��0.0� 60 25 166 50 06123107,_. w 0.00_ 0.001 12,0WI mm 13,50 0.00 17 00 _ 0.00 _ 42 50 82 75 07/07/07 Ems .6.001 0 00 3.00 ; 27,00 01001 01W - 45 75F_. O.00j 81,75 137.00 07/21/07 8100i 010W -ii�-nnl 7,00 3 00 0.00 ; 11,501 0,00 [ 53. 50 107.50 08/04/07 8,0W 010W _ 0,00i 6,00 6,001 010W 1000W 0.001 30,00 160,25 08/ 18/07 6 W _ 0 00 0 00 21,00 6 00 _ 0 00 _ 18 50 � 10 00 61 50 179 50 09/007 0 00 0100 0,00 34,004 0 _50 25, 259 24, _ 8 00 9212S 112,75 09%15/07 12 00 31,25 30 00 136 00 0.00 0.00E 44.50 0 00 253 75 235,50 09/ 29/07 10 00 46 OO 0,00 38 00 0.00 _,..._.... 0 00 ( 7 00 0 00 ' 101 00 178, 25 10/ 13/07 r 9.00 10,00 20 00 ; 52, W 5 000 00 _ 38. 25 2 00 ' 136 75 162,00 SO 27/07_ 28.50 0.00 0 00 18,00 ` 0,001 0,001 12. 25 0,001 58, 75 169.00 11/ 10/07 2.00 53,00 2,001 10,00l 2.001 010W 20. 501 0000 , 89,50 156.50 11/24/07 6,00 6,00 _ 0100i 5100 0,001 1 0,001 20, 251 0 00 37,25 192, 25 12/08/07 8 00 0 00 44 00 ' 16 00 2 00 0 00 9 75 0 00 79 75 _160 00 12/22/07 1 4 00� 8 00 1 , W 71 50 0.0014 01W 815W 0.00 mm 93, 50 144 00 01/05/08 8,001. 0 00 30 OOy 13__00 0.00] mmmmm 4.001 16.W 0.0_0 = 71,00 224, 2S 01/ 19/08 i 4 00 6 00 42 00 8 00 0 OOi 0 001 9 50 .............. 0 001 69.50 107 75 --6-,66T--ii-,4S 02/02 08 1 10 00 S OO 23_00 16 00 6.00 6 00 90.25 140 56 -- �.__,__... _ m .. 0. 2/16/08 12. 50 _ _ 0 001 31.00 18 00 0..000 0.001 8.00 6,001 69.50 75. 25 03/01/08 15.00 7004 6 00 9 00 6,S00 _OXWO 20.50 0,001 64,00 190 50 03/ 15/08 8.000 00#-8-1-S-0-14 00 3, W 3,00 0 00113.50 0 00 41 50 164, 75 03/29/08 10 00 0 00, _ _ 6 00 0 001 S,001 11.75 0 00 41, 2S 188. 25 11 04/ 12/OS_. _ _ 8100 19, 50 15 00 6.75 2.00 " 4.50 ' 10.00 0.001 65 75 121.00 04/ 26/08 i _ _ _ FY07 08' "° Court Trainina Relief I Details' Admin I Emer ]invest = Com Sery Full Time Part Time Totals ` 212.00 194.75 306.00 587.00 54.00 44.75 46225 26.00 1886.75 3777.00 Percents 11% 10% 16% 31% 3% 2% ` ` 24% 1 0/0 ' 100% N A Avera e ' 8.48 7.79 T 12. 24 "° 23.48 1 2. 16 1.79 18.49 1.04 75.47 151.08 Prepared by Molly Batterson 4/14/2008 Page 1 J�♦��o cIry� EST , 1631 g\ YORKVILLE POLICE DEPARTMENT Harold O. Martin Ill, Chief of Police 804 Game Farm Road I Yorkville, Illinois 60560 Phone: 630-553-4340 Fax: 630-553-1141 Date: April 4, 2008 To: Chief Harold O. Martin III From: Ron Diederich, Director of Support Services Reference: Monthly Mileage Report During the month of March 2008, the Yorkville Police Department logged a total of 37,040 miles. Individual squad miles are: Monthly Current? Reassign/ Squad Vehicle Squad Usage Miles Miles Replace Date M-1 2006 Dodge Charger Patrol/K-9 32003 41 ,200 2011 /2012 M-2 2006 Chevrolet Impala Chief 13961 37,382 2011 /2012 M-3 1998 Ford Crown Victoria Detective 503 144,839r 2007/2008 M-3 2007 Chevrolet Impala Patrol 12603 41224 2010/2011 M-4 2002 Chevrolet Impala Police Cadet 1 ,005 113,630- 2009/2010 M-5 2007 Chevrolet Impala Patrol 11369 32284 2010/2011 M-6 2003 Chevrolet Impala Lieutenant 854 7j 2010!2011 M-7 2001 Ford Crown Victoria DARE 197 72;074 2011 /2012 M-8 2004 Ford Crown Victoria Administration 92 89,221 2010/2011 M-9 2000 Ford Crown Victoria Lieutenant 153 8311671 2010/2011 M-10 2006 Chevrolet Impala Patrol 31505 32,680 2009/2010 M-11 2003 Ford Crown Victoria YHS — SRO 103 105t516'- -- 2009/2010 M-12 1999 Ford Expedition Operations 330 178A01' - 2010/2011 M-13 2001 Ford Crown Victoria Patrol / K-9 13754 1001311 ' "' 2008/2009 M-14 2003 Ford Crown Victoria Administrative 563 s 109,451 . 2008/2009 M-15 2004 Ford Crown Victoria Patrol / K-9 11637 ' 68,558': 2010/2011 M-16 2004 Ford Expedition Patrol Sergeant 100 76,021 200812009 M-17 1 2004 Chevrolet Impala Detective 11073 31 ,712 2014/2015 M-18 2008 Ford Crown Victoria Patrol 2010/2011 M-19 2005 Chevrolet Impala Patrol 308 2 64,517 > 2008/2009 M-20 2005 Chevrolet Tahoe Patrol/Trucks 903 -" 30425T 2011 /2012 M-21 2007 Ford Crown Victoria Patrol 4,073 39,173 ' 2009/2010 M-22 2007 Ford Crown Victoria Patrol 37771 1 . 42,972 1 1 2009/2010 M-23 2007 Ford Crown Victoria Patrol 708 41 ,874 2009/2010 M-24 2008 Ford Explorer Patrol Sergeant 2,025 °11 ,286 : 2011 /2012 M-25 2203 Chevrolet Impala Administrative 11867 55,500 2012/2013 �G Ronald E. Diederich, DSS "----..---''� KENDALL COUNTY SHERIFF'S OFFICE INTEROFFICE MEMORANDUM TO: ALL KENDALL COUNTY SHERIFF'S OFFICE EMPLOYEE'S FROM: SHERIFF RICI-1ARD A. RANDALL - SUBJECT: CORRECTIONS SHAKEDOWN & SEARCH DATE: MARCH 24, 2008 CC: OSWEGO AND YORKVILLE POLICE DEPARTMENTS On Thursday March 20, 2008 a complete "Shakedown & Search" was conducted at Kendall County Corrections Facility. The Corrections, Operations and Support Service Divisions, the Kendall County Special Response Team and K-9 units from Oswego, Yorkville and Kendall County all participated. The result of this operation, in my opinion, was phenomenal! The reason being is that the entire Corrections facility was checked and over 131 inmates were stripped searched and NO illegal contraband was found. I have to give each and every one of you credit for doing an outstanding job every day! The main focus of the Corrections Division is to maintain the safety and security of the facility, but also to every agency that brings inmates to this facility in insuring complete and thorough searches are done "EVERY TIME". The dramatic increase of inmates, transfers and housing of outside inmates has made your job more challenging than ever, but you have risen to very high level of expertise in maintaining a safe and secure environment for yourselves, all of the staff and the inmates themselves. To all who took part in the shakedown and search, which was preformed in a most professional manner, you all stayed alert and maintained control of the situation. There were no complaints or issues that arose. You all have my utmost appreciation and respect that your "professionalism, honor, integrity and service" is second to none! Congratulations on a job well done as well as your continued effort you perform each and every shift and assignment you take on. Each and every one of you should be proud that you reflect an outstanding image to the community you serve! In deep appreciation to you all! Sheriff 'chR and A. Randall � p � V • L I S 1 e POLICE DEPARTMENT THE ARBORETUM VILLAGE APR 0 12008 Chlef of Police Michael D. Damico 630-271-4200 630-2714209 Fax - March 27, 2008 Chief Harold Martin Yorkville Police Department 804 Game Farm Road Yorkville, IL 60560 Dear Chief Martin: On Tuesday evening , March 25, Officer Jeff Johnson and K-9 O' Neil assisted our department and officers with a massive search inside Benet Academy, based on recent potential threatening information discovered inside the school . Along with multiple officers from our agency, Canine Officers from the DuPage County Sheriff's Office and Kane County Sheriff's Office also assisted in this endeavor. The cooperation between all of these working agencies was most appreciated and directly related to the success of this huge task. On behalf of our department, please thank Officer Johnson again for his dedication , cooperation , and willingness to assist our officers, in securing the campus of Benet Academy, Sincerely, Michael D. Damico CHIEF OF POLICE MDD/bar 5040 Lincoln Ave. ■ Lisle, Illinois 60532-2117 ■ www.villageoflisle.org .. .. . � _� ®ot 0 cl pl, Reviewed By: Agenda Item Number kf- oOtt Legal ❑ NEv i P .S i mCSS IU EST. I `_ 1896 Finance ❑ Engineer ❑ Tracking Number 40 � City Administrator ❑ ®p ��'� G�iry sat �A Consultant ❑ y® ❑ PS 2008-17 <CE ®e Agenda Item Summary Memo Title: Ordinance Amending City Code Adopting the Smoke Free Illinois Act Meeting and Date: Public Safety Committee – April 24, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Kathleen Field Orr City Attorney Name Department Agenda Item Notes: Ordinance No. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, ADOPTING THE SMOKE FREE ILLINOIS ACT WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the Mayor and City Council (the "Corporate Authorities") find that tobacco smoke is a harmful and dangerous carcinogen to human beings and a hazard to public health; secondhand smoke causes at least 65,000 deaths each year from heart disease and lung cancer according to the National Cancer Institute; secondhand tobacco smoke causes heart disease, stroke, cancer, sudden infant death syndrome, low-birth-weight in infants, asthma and exacerbation of asthma, bronchitis, and pneumonia in children and adults; secondhand tobacco smoke is the third leading cause of preventable death in the United States; Illinois workers exposed to secondhand tobacco smoke are at increase risk of premature death; and, an estimated 2,900 Illinois citizens die each year from exposure to secondhand tobacco smoke; and, WHEREAS, the Corporate Authorities also find that the United States Surgeon General's 2006 report has determined that there is no risk-free level of exposure to secondhand smoke; the scientific evidence that secondhand smoke causes serious diseases including lung cancer, heart disease, and respiratory illnesses such as bronchitis and asthma, is massive and conclusive; separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate secondhand smoke exposure; and, smoke-free workplace policies are effective in reducing secondhand smoke exposure and do not have an adverse economic impact on the hospitality industry; and, WHEREAS, the Corporate Authorities also find that the Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation; air cleaners, which are capable only of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke; the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) bases its ventilation standards on totally smoke-free environments because it cannot determine a safe level of exposure to secondhand smoke, which contains cancer-causing chemicals, and ASHRAE acknowledges that technology does not exist that can remove chemicals that cause cancer from the air; ASHRAE concludes that, at present, the only means of eliminating health risks associated with indoor exposure is to eliminate all smoking activity indoors; and, WHEREAS, the Smoke Free Illinois Act (410 ILCS 82/1 , et seq.) (the "Act") provides for the enforcement of violations of the Act and the assessment of fines by the Department of Public Health, State-certified local public health departments, and local law enforcement agencies; and, WHEREAS, the Act states that a fine imposed pursuant to the Act shall be allocated so that that one-half (1/2) of the fine shall be distributed to the Department of Public Health and one-half (1 /2) of the fine shall be distributed to the enforcing agency; and, WHEREAS, in order to protect the health, safety, and welfare of its citizens, the City desires the United City of Yorkville Police Department to be the enforcing agency of violations of the Act that occur within the City's jurisdiction thereby enabling the City to collect one-half (1/2) of any fine. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 4 of the United City of Yorkville Code of Ordinances is hereby amended by adding the following new Chapter 6: CHAPTER 6 SMOKE FREE ILLINOIS ACT 4-6-1: ADOPTED: The Smoke Free Illinois Act (420 ILCS 82/1 , et seq.), is hereby adopted as the Smoke Free code of the City, which regulates and governs smoking in public places, places of employment, and government vehicles; and, provides for the collection of fines for violations thereof by the United City of Yorkville Police Department; and, each and all of the regulations, provisions, penalties, conditions, and terms of said Smoke Free Illinois Act are hereby adopted and made a part hereof, as if fully set out in this Chapter. Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR 2 ®.<Ep CITE Reviewed By: Agenda Item Number 2 4�? Q Legal ❑ Ott &ASiNESS Finance ❑ EST. 1836 Engineer ❑ Tracking Number ® • f®i City Administrator ❑ pury ®�O Consultant ❑ PS 2007-43 kE Agenda Item Summary Memo Title: Parking Restrictions for Select Arterial and Collector Streets Meeting and Date: Public Safety Committee — April 24, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: See attached memo. CIP Memorandum To:° To: Public Safety Committee EST. 1836 From: Bart Olson, Assistant City Administrator .g -��- CC: ®� Gi Date: April 17, 2008 Subject: Collector parking restriction LE Changes to the proposed areas of parking restrictions from the April 7ch Public Safety meeting are as follows: 1 ) Add Center Parkway from Route 34 to W Countryside Parkway. 2) Eliminate proposed restriction on the south side of W Countryside Parkway from Center Parkway to W Kendall Dr. 3) Eliminate proposed restriction on the west side of Cannonball Trail from Independence Blvd. to Blackberry Woods subdivision, and on the east side of Cannonball Trail from Independence Blvd. to just north of 1202 Cannonball Trail. Additionally, Alderwoman Spears requested that the agenda sub-item "Restrict Parking on East Kendall Drive" be added to this agenda. I have attached the maps for all of the areas in the original proposal, as well as a new map to outline the new East Kendall Drive area. OLEJ L-A 9 �A �i ME ye��0� o��,,.sr�,•ii(k! n7 r �J , 000i ImIal AN IIa� Y" P/V � cv Big ,. ism �md Dr -R�� -I,/per/qN le•` V-c Q �•y' [ J ".�.��.1 r � � . _-. - _� . `• , eke . e .n o© , . p. . . . .00 : . , . . , . , . .. NO .o °♦ • . . • ER ♦♦ ♦ ■ ��► Im WV 402 P 1��Ii \Sc�o Legend Prairie Crossing Drive - north side of road only, from Route 126 to 891 Prairie Crossing Drive Parking Ban G4 Properties Notified +° + wP ti + m� ++O w0q 0 7 bOq• `� +$ ��' AO' °z7O Tr� 75,E ♦ lle'�lgtej ^ 01 � 70 7 w °� M11 3 A 1 �� B°5 1j7�! wO0w0060•A °+ 1135 7S. l� 77745 •� ^w^l„)'Y wbwbb^ ° + 0 401 M1011' 1131 O� °i ^ t�/� �S� 1 111�g S�� + +qq �? 77��s� 4� '�'p✓{Q w'.�A� � 4101"' �lNO O'Sr' 1 O 1111 $�'ii ry75J (r�C` � ,y18 1'1101 ,PAP 1 1 wb ti 777Zi O ? '✓ Al 77?S 1320 1312 1304 1302 1Iy /� F5Y' ^oM1'a, A15^1 titio bb'by 777gr 'G Vl w www^�°b AAS 13 h ry0ti0o�cb0 7:5-9. O 1111M10 1115 1Zy7 g7�? m �� b 11 � 1117 7z4. 7�f N 011, �b A11,�, Q 1120 r?s 5 7� 1131 72Sr 7 1124 1z 1128 I 1135 124 81 2009 1128 0 1137 1245 1251 M❑ ❑ ^ m CI 8 N32 1139 1243 E m m ❑° 1141 1241 1244 1134 1143 1237 1242 Prairie-CrOssi g- 1138 1145 1235 1138 1142 1147 1233 1232 1149 1231 1234 1148 T.! c . 1224 Legend \ Parking Ban \ ®/ Properties Notified 1 \; \\ — 1 Dews ` 1 � S i 1 j ReU4ay�e 1 Li _ i �,• _ ;S Me"erd-0rl j �Vn l ,pe — ileft !- 'Mependenae"i � j• •i III Legend LL— Parking Ban f Properties Notified 146 +soe Cannonball Trail, from Independence Blvd. to city limits .O6 G5 John-S# 39 J 36 137 04 C 3]1 04 0 Q N 36 V g 361 1 n 110] I )3 a Ind endence-Blvd- 3 C 35 m F3/ 0 O ^ 1210 Aaf~�ck x, CtC 4 AX 0ge lO S-Carly-Cit /G ar-ly-Ct 0 CS Legend McHugh Road - Prairie Pointe Drive to Route 34 ❑ 0 111 Parking Ban G8 C a f Properties Notified t O x 3 °L Prairie-Pointe-Dr `i4 E—Countryside-P_� 0 0--E--Veterans.Rkuwy 1:-Q FTU r , Joao Legend Parking Ban Properties Notified Q t0� Marketview Drive Gs El L \ Q � Q v C:7? d / d 47 ❑Q enar.- f 4 �I-GO -Rkwy— _ ��- O E– E]� ® CounRryside-P-kvKy O CED ❑ Q Legend SA Parking Ban ve" Properties Notified POP ffl WIN #No IT w IBM -RE1 W12MOT. M, '�I r u� i �1 \ e� ,iL11Jf� 1 , Y•`jl`�, �17�i`��i 1�i7Q�VF i�1l 0.�]TE "F 41 ek, V, WRIA lif low V1, JF Ll SAN F/mA Legend C� enQa 96 Parking Ban h �J , ar-penter-Sk Properties Notified 6 W Countryside Parkway from Route 47 to W Kendall Drive Aso 9 x �G East Kendall Drive, from W Countryside Parkway to Dickson Court (new proposal) M3 ,,, t Ilk—Menard-Dr- ° 9,9 vz $ nsx 'noy, A , V uChern C . I 3 c� Q - � 47 0 EnM ♦ � � R R R o g °� 1816 �n\ 9 V CU 861 669 rylllllullllll © ,96: 19 m Vatevans.P_ r a F-Veterans.P_ 9 �� -f,� • ��77!�'� Oil 963 }Y�VSry} iEI 4=J li'Rl W y , 12 u 61 z6 126 ECC1sure- 1269 `QED Co. Reviewed By: Agenda Item Number 2 O J T Legal ❑ D t D )uS 1 NESS c2 EMU. 1836 Finance ❑ =� Engineer ❑ Qy City Administrator F-1 Tracking Number L. �1 20 Consultant ❑ PS 2008-05 ILE Agenda Item Summary Memo Title: Administrative Adjudication Meeting and Date: Public Safety Committee—April 24, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Kathleen Field Orr City Attorney Name Department Agenda Item Notes: Ordinance No. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR THE ADMINISTRATIVE ADJUDICATION OF VIOLATIONS OF CITY ORDINANCES NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 1 of the United City of Yorkville Code of Ordinances is hereby amended by adding the following new Chapter 13 : CHAPTER 13 ADMINISTRATIVE ADJUDICATION OF VIOLATIONS OF CITY ORDINANCES 1-13-1 : PURPOSE: The stated purpose of this Chapter is to provide for fair and efficient enforcement of City ordinances as may be allowed by law and directed by ordinance, through an administrative adjudication of violations of such City ordinances and establishing a schedule of fines and penalties, and authority and procedures for collection of unpaid fines and penalties. 1-13-2: CREATION: There is hereby established an executive department of the municipal government to be known as the United City of Yorkville Ordinance Enforcement Department and to have the power to enforce compliance with all municipal ordinances as from time to time authorized by the City Council (65 ILCS 5/1 -2.2-1 , et seq.) and any offense under the Illinois Building Code (65 ILCS 5/11 -31 . 1-1 , et seq.), but not any offense under the Illinois Vehicle Code or a similar offense that is a traffic regulation governing the movement of vehicles and except for any reportable offense under Section 6-204 of the Illinois Vehicle Code (625 ILCS 511 - 100, et seq.) The establishment of the United City of Yorkville Ordinance Enforcement Department does not preclude the Mayor and City Council from using any other method to enforce ordinances of the City. 1-13-3: ADMINISTRATIVE COMPOSITION: The United City of Yorkville Ordinance Enforcement Department shall be composed of a Hearing Officer, an Ordinance Enforcement Administrator, System Coordinator/Computer Operator and such other personnel hereinafter appointed, with the power and authority as hereinafter set forth. 1 The Mayor is hereby authorized to appoint all Hearing Officers of this City with the advice and consent of the City Council. The Mayor is hereby authorized to appoint all other persons to hold the positions hereinafter set forth below, and such other personnel as needed. Other than the Hearing Officer, one person may hold and fulfill the requirements of one or more of the above stated positions, and compensation for each of the hereinafter stated positions shall be as approved by the Mayor and City Council. A. Hearing Officer: 1 . The Hearing Officer shall preside over all adjudicatory hearings and shall have the following powers and duties: a. Preside at an administrative hearing called to determine whether or not a code violation exists. b. Hear testimony and accept evidence that is relevant to the existence of the City Code violation; c. Issue subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives; d. Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing; e. Issue and sign a written finding, decision and order stating whether a City Code violation exists; and, f. Impose penalties, sanctions or such other relief consistent with applicable City Code provisions and assess costs upon finding a party liable for the charged violation, except however, that in no event shall the Hearing Officer have authority to impose a penalty of incarceration. 2. Prior to conducting administrative adjudication proceedings under this Chapter, the Hearing Officer shall have successfully completed a formal training program which includes the following: a. Instruction on the rules of procedure of the administrative hearings over which the Hearing Officer shall preside; b. Orientation to each subject area of the code violations that he/she will adjudicate; 2 c. Observation of administrative hearings; and, d. Participation in hypothetical cases, including ruling on evidence and issuing final orders. 3 . A Hearing Officer must be an attorney licensed to practice law in the State of Illinois for at least three (3) years. B. Ordinance Enforcement Administrator: The Ordinance Enforcement Administrator is authorized and directed to: 1 . Operate and manage the system of administrative adjudication of City ordinance violations as may be permitted by law and directed by ordinance. 2. Adopt, distribute, and process all notices as may be required under this Chapter or as may be reasonably required to carry out the purpose of this Chapter. 3 . Collect moneys paid as fines and/or penalties assessed after a final determination of liability. 4. Certify copies of final determinations of an ordinance violation adjudicated pursuant to this Chapter, and any factual reports verifying the final determination of any violation liability which was issued in accordance with this Chapter, the laws of the State of Illinois, including 625 Illinois Compiled Statutes ("ILCS"), 5/11 - 208.3 as from time to time amended. 5. Certify reports to the Secretary of State concerning initiation of suspension of driving privileges in accordance with the provisions of this Chapter as hereinafter set forth, and those of 625 ILCS 5/6- 306.5. 6. Promulgate rules and regulations reasonably required to operate and maintain the administrative adjudication system hereby created. 7. Collect unpaid fines and penalties through private collection agencies and pursuit of all post-judgment remedies available by current law. C. System Coordinator/Computer Operator: The System Coordinator/Computer Operator is hereby authorized and directed to operate and maintain the computer programs for the administrative adjudication system of the United City of Yorkville 3 Ordinance Enforcement Department hereby created, on a day-to- day basis, including but not limited to: 1 . Input of violation notice information. 2. Establishing court dates and notice dates. 3 . Record fine and penalty assessment and payments. 4. Issue payment receipts. 5. Issue succeeding notice of hearing dates and/or final determination of liability; issue notice of immobilization; issue notice of impending impoundment; issue notice of impending drivers license suspension, as directed by the Ordinance Enforcement Administrator in accordance with the provisions hereinafter set forth. 6. Keep accurate records of appearances and non-appearances at administrative hearings, pleas entered, judgments entered, sanctions imposed, if any, fines and penalties assessed and paid. 1-13-4: NOTICE OF VIOLATION: The system of administrative adjudication of any City ordinance violation authorized to be adjudicated hereunder, shall be in accordance with the following procedures: A. Violation notice of any ordinance violation including violations of the City Motor Vehicles and Traffic Code, Title 6 of this Code, other than any offense under the Illinois Vehicle Code or a similar offense that is a traffic regulation governing the movement of vehicles and except for any reportable offense under Section 6-204 of the Illinois Vehicle Code (hereinafter the "City Motor Vehicle Code'), shall be issued by the persons authorized under this Code and shall contain information and shall be certified and constitute prima facie evidence of the violation cited as hereinafter set forth. B. All full-time, part-time, and auxiliary police officers as well as other specifically authorized individuals of any City Department shall have the authority to issue violation notices. C. Any individual authorized hereby to issue violation notices and who detects an ordinance violation authorized to be adjudicated under this Chapter or a violation of any section of any City ordinance, is authorized to issue notice of violation thereof and shall make service thereof as is hereinafter set forth. 4 D. The violation notice shall contain, but shall not be limited to, the following information: 1 . The name and address of the party violating the ordinance, if known. 2. The date, time, and place of the violation (date of issuance). 3 . The type and nature of the ordinance violated. 4. Vehicle make and state registration number (if applicable). 5. The penalty which may be assessed for failure to appear. 6. The names and witnesses of the violation. 7. The signature and identification number of the person issuing the notice. 8. The docket number, date, and location of the adjudicating hearing of ordinance violations, if applicable, other than violations of the City Motor Vehicle Code, the legal authority and jurisdiction under which the hearing is to be held, and the penalties for failure to appear at the hearing. E. The date of the hearing shall not be less than thirty (30) nor more than forty (40) days after the violation is reported. 1-13-5: SERVICE & NOTICE OF HEARING: A. Service of any violation notice shall be made by the person issuing such notice: 1 . In the case of violation of the City Motor Vehicle Code, service shall be made by: a. Affixing the original or a facsimile of the notice to an unlawfully standing or parked vehicle, unstickered vehicle; or vehicle violating any compliance regulation; b. Handing the notice to the registered owner, operator, or lessee of the vehicle, if present; or, c. Mailing the notice by first class mail to the person responsible for the ordinance violation, along with a summons commanding the individual to appear at the hearing. . 5 2. In the case of violation of the Building Code, service shall be made by: a. First class mail on the owner of the structure, along with a summons commanding the owner to appear at the hearing; b. If the name of the owner of the structure cannot be ascertained or if service on the owner cannot be made by mail, service may be made on the owner by posting or nailing a copy of the notice on the front door of the structure where the violation is found, not less than twenty (20) days before the hearing is scheduled. 3. In the case of any ordinance violation other than a violation of the City Motor Vehicle Code or Building Code, service shall be made by mailing the notice by first class mail to the person responsible for the ordinance violation, along with a summons commanding the individual to appear at the hearing. B. The correctness of facts contained in any violation notice shall be verified by the person issuing said notice by: 1 . Signing his/her name to the notice at the time of issuance; or, 2. In the case of a notice produced by a computer device, by signing a single certificate, to be kept by the Ordinance Enforcement Administrator, attesting to the correctness of all notices produced by the device while under his/her control. C. The original or a facsimile of the violation notice shall be retained by the Ordinance Enforcement Administrator and kept as a record in the ordinary course of business. D. Any violation notice issued, signed, and served in accordance herewith, or a copy of the notice, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice. 1-13-6: ADMINISTRATIVE HEARINGS: A. An administrative hearing shall be granted for the following: 1 . To adjudicate any alleged ordinance violation on its merits. 2. To contest the validity of a notice of impending immobilization or impending impoundment, or, the validity of a notice of 6 impending drivers license suspension. The hearing shall be granted to the registered owner or operator of the "cited vehicle", pursuant to 625 ILCS 5/11 -208.3 or the lessee of the "cited vehicle", 625 ILCS 5/11 -1306, incorporated herein by reference, and at the date, time and place as is set forth by the Ordinance Enforcement Administrator and served upon the registered owner, operator, or lessee for hearings contesting the validity of notices of impending immobilization or impending impoundment or drivers license suspension. B. No continuances shall be authorized by the Hearing Officer at the hearing except where absolutely necessary to protect the rights of the individual. Lack of preparation does not constitute cause for a continuance. No continuance may be granted for more than twenty-five (25) days. C. All administrative hearings shall be recorded and shall culminate in a determination of liability or non-liability, made by the Hearing Officer, who shall consider facts and/or testimony without the application of the formal or technical rules of evidence. Evidence including hearsay, may be admitted only if it is of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs. D. The Hearing Officer shall, upon a determination of liability, assess fines and penalties in accordance with Section 1 - 13-10 hereof. Persons appearing to contest the alleged violation on its merits may be represented by counsel at their own expense. The burden of proof shall be on the alleged offender to refute the prima facie case set forth in the verified notice of violation. 1-13-7: FINAL DETERMINATION OF LIABILITY: A. A final determination of liability shall occur following the failure to pay the fine or penalty after the Hearing Officer's determination of liability and the exhaustion of, or the failure to exhaust, any administrative review procedures hereinafter set forth. B. Where a person fails to appear at the administrative hearing to contest the alleged violation on the date and at the time and place specified in a prior served or mailed notice pursuant to Section 1 - 13-11 hereof, the Hearing Officer's determination of liability shall become final either upon a denial of a timely petition to set aside that determination or upon the expiration of the period for filing a petition without a filing having been made. 7 C. A notice of final determination of liability shall be sent following the conclusion of an administrative hearing within five (5) days after the final determination of liability is made, as is hereinafter set forth, and shall contain, but not be limited to, the following information and warnings: 1 . The Hearing Officer's findings of fact. 2. A decision of whether or not a code violation exists based upon the findings of fact. 3. A statement that the unpaid fine and any penalty assessed is a debt due and owing the City. 4. A statement of any sanction ordered or costs imposed which costs are debts due and owing the City. 5. A warning that failure to pay the fine and any penalty due and owing the City within the time specified may result in proceeding with collection procedures. 6. A warning that the person's drivers license may be suspended for failure to pay fines or penalties for ten (10) or more vehicular standing or parking violations under 625 ILCS 5/6-306.5, incorporated herein by reference. 7. A warning that the vehicle owned by the person and located within the City may be immobilized and impounded for failure to pay fines or penalties for ten (10) or more vehicular standing or parking regulation violations. 8. Any other warning of possible impoundment as permitted by law or ordinance. 1-13-5: JUDICIAL REVIEW: Any final decision by a Hearing Officer that a code violation does or does not exist shall constitute a final determination for purposes of judicial review under the Illinois Administrative Review Law, 65 ILCS 5/1 -2. 1- 1 , et seq. and 65 ILCS 5/1 - 2.2-1 , et seq. 1-13-9: ENFORCEMENT OF JUDGMENT: A. Any fine, other sanction, or costs imposed, or part of any fine, other sanction, or costs imposed, remaining unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures under the Illinois Administrative Review Law are a debt due and 8 owing the municipality and may be collected in accordance with applicable law. B. After expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought for a final determination of a code violation, the city may commence a proceeding in the circuit court of Kendall County for the purpose of obtaining a judgment on the findings, decision, and order. C. In any case in which a Hearing Officer finds that an individual has failed to comply with a judgment ordering an individual to correct a code violation or imposing any fine or other sanction as a result of a code violation, any expenses incurred by a municipality to enforce the judgment including, but not limited to, attorney's fees, court costs, and costs related to property demolition or foreclosure after they are fixed by the Hearing Officer, shall be a debt due and owing the municipality and may be collected in accordance with applicable law. D. A lien shall be imposed on the real estate or personal estate, or both, of the individual in the amount of any debt due and owing the municipality under this Chapter. The lien may be recorded and enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction. No lien may be enforced under this Chapter until it has been recorded in the manner provided by Article XII of the Code of Civil Procedure or by the Uniform Commercial Code. E. A Hearing Officer may set aside any judgment entered by default and set a new hearing date upon a petition filed within twenty-one (21 ) days after the issuance of the order of default if the Hearing Officer determines that the petitioner's failure to appear at the hearing was for good cause or at any time if the petitioner establishes that the municipality did not provide proper service of process. 1-13-10: SCHEDULE OF FINES/PENALTIES: Fines and penalties shall be imposed in accordance with the City Code, or where no fine or penalty is expressed in the City Code, the Hearing Officer may impose a fine or penalty according to his judgment. However, in no case may the fines imposed by the Hearing Officer exceed $750.00 per violation per day, or a maximum of $2500.00 for all Building Code violations. 9 1-13-11 : FAILURE TO APPEAR, NOTICE: A. Upon failure of the person receiving a notice of a violation of a City ordinance, other than a City Motor Vehicle Code violation, to appear at the time and date designated for a hearing, or, in the case of a violation of the City Motor Vehicle Code, the registered owner, operator, or lessee of the 'cited vehicle" to pay the fine in full as stated on said notice, the Ordinance Enforcement Administrator shall send or cause to be sent notices by first class mail, postage prepaid to the person who received the notice of an ordinance violation; or, in the case of the violation of the City Motor Vehicle Code, the registered owner or operator of the 'cited vehicle" at the address as is recorded with the Secretary of State, and shall be sent to the lessee of the 'cited vehicle" at the address last known to the lessor of the 'cited vehicle" at the time of the lease. Service of notices sent in accordance herewith shall be complete as of the date of deposit in the United States mail. B. The notices sent in accordance herewith shall be in the following sequence and contain, but not be limited to, the following information: 1 . Upon the failure of the person receiving notice of an ordinance violation or, in the case of a notice of a violation of the City Motor Vehicle Code, the registered owner, operator, or lessee of the "cited vehicle" to pay the fine in full as stated on said notice, a notice shall be sent, as above set forth, and shall contain, but not be limited to the following information: a. Date and location of violation cited in the violation notice. b. Particular ordinance violated. C. Vehicle make and state registration number (if applicable). d. Fine and any penalty that may be assessed for late payment. e. A section entitled "Notice of Hearing" which shall clearly set forth that the person receiving a notice of ordinance violation, in the case of a violation of the City Motor Vehicles and Motor Vehicles and Traffic Code, Title 6 of this Code, or the registered owner, operator, or lessee may appear at an administrative hearing to contest the validity of the violation notice 10 on the date and at the time and place as specified in the Notice of Hearing. f. Date, time, and place of the administrative hearing at which the alleged violation may be contested on its merits. g. Statement that failure to either pay fine and any applicable penalty or failure to appear at the hearing on its merits on the date and at the time and place specified will result in a final determination of liability for the "cited" violation in the amount of the fine and penalty indicated. h. Statement that upon the occurrence of a final determination of liability for the failure, and the exhaustion of, or the failure to exhaust, available administrative or judicial procedures for review, any unpaid fine or penalty will constitute a debt due and owing the City. 1-13-12: IMPENDING SUSPENSION OF DRIVERS LICENSE, NOTICE: A notice of impending suspension of a person's drivers license shall be sent to any person determined to be liable for the payment of any fine or penalty that remains due and owing on ten (10) or more vehicular standing or parking regulation violations: A. The notice shall state that the failure to pay the fine or penalty owing within forty-five (45) days of the date of the notice will result in the City notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under 625 ILCS 5/6-306.5, incorporated herein by reference. B. The notice of impending drivers license suspension shall be sent by first class mail, postage prepaid, to the address recorded with the Secretary of State. 1-13-13: IMMOBILIZATION/TOWING AND IMPOUNDMENT OF MOTOR VEHICLES: A. Any motor vehicle whose registered owner has been determined to be liable for ten (10) or more vehicular standing or parking regulation violation(s), for which the fines or penalties assessed remain unpaid, may be immobilized, booted, or towed and impounded if: 1 . The Ordinance Enforcement Administrator has determined that a person has been determined to be liable for ten (10) or more 11 ordinance violations, for which the fines or penalties remain unpaid. 2. The person determined to be liable for ten (10) or more violations is the registered owner of a motor vehicle located within the City geographical boundaries. 3. A Seizure Notice has been sent to the registered owner of the motor vehicle located within the geographical boundaries of the City which contains, but shall not be limited to the following: a. That a final determination has been made on ten (10) or more ordinance violations, for which the fines and penalties remain unpaid. b. A listing of the violations for which the person has been determined to be liable, which shall include for each violation: i. the ordinance violation notice number; ii. date of issuance; and iii. total amount of fines and penalties assessed. c. That the motor vehicle owned by the person and located within the City are subject to immobilization and/or towing and impoundment if the fines and penalties are not paid within fifteen (15) days of the date of the notice. d. Date of immobilization. e. Date of impending towing and impoundment. f. That the registered owner may contest the validity of the notice by appearing in person before the Ordinance Administrator within fifteen (15) days of the date of the notice and submitting evidence which would conclusively disprove liability, such as the following: i. That the registered owner was not the owner or lessee of the vehicle on the date or dates the notices of violation were issued; or, ii. That the fines or penalties for the violations cited in the notice were paid in fall; or, 12 iii. That the registered owner has not accumulated ten (10) or more ordinance violation notices which are unpaid, not adjudicated or for which no appearance was made. 4. The motor vehicle of the registered owner to whom notice is sent has failed to make payment of the fines or penalties as specified in the notice and has failed to appear with evidence to conclusively disprove liability before the Ordinance Enforcement Administrator to contest the validity of the notice. 1-13-14: REQUEST FOR HEARING IN THE CASE OF TOWING AND IMPOUNDMENT OF MOTOR VEHICLES: Upon the receipt of the request for hearing to contest the validity of the immobilization or towing and impoundment, the Ordinance Enforcement Administrator shall schedule an administrative hearing to contest the validity of the immobilization or towing and impoundment on the next scheduled hearing date or if sooner scheduled by the Ordinance Enforcement Administrator for good cause shown, but in no case shall the hearing be scheduled later than thirty (30) days after the request for hearing is filed and shall serve notice of the hearing date upon the registered owner by first class mail, postage prepaid to the address as is set forth on the request for hearing. Service of the notice shall be complete on the date it is placed in the United States mail. 1-13-15: NOTICE AFFIXED TO VEHICLE IN CASES OF IMMOBILIZATION: Upon immobilization of an eligible vehicle, a notice shall be affixed to the vehicle in a conspicuous place. Such notice shall warn that the vehicle is immobilized and that any attempt to move the vehicle may result in its damage. The notice shall also state that the unauthorized removal of or damage to the immobilizing restraint is a violation of Sections 16-1 and 21 -1 of the Illinois Criminal Code, 720 ILCS 511 - 1 , et seq. The notice also shall provide the following information specifying that a release of the immobilizing restraint may be had by: A. Paying all the fines and penalties, if any, on the outstanding complaints for which notice has been sent prior to the date of the immobilization; or, B. Completing appearance forms on all outstanding parking violation complaints for which notice had been sent prior to the date of the immobilization and depositing collateral in the amount of fifty percent (50%) of the total fines for these outstanding parking violation complaints, or five hundred dollars ($500.00), whichever is less. 13 1-13-16: TOWING OF IMMOBILIZED VEHICLE: Except where the vehicle is otherwise subject to towing, if the immobilizing restraint has not been released as hereinabove provided, within seventy-two (72) hours of its placement, the vehicle shall be towed and impounded. 1-13-17: POST-IMPOUNDMENT NOTICE: Within ten (10) days after a vehicle has been impounded, notice of impoundment shall be sent by certified mail, return receipt requested, to the registered owner of the vehicle. The notice shall state that the owner has the right to a post- immobilization and post-towing hearing as provided in 1 -13- 15 and that if the vehicle is not claimed within thirty (30) days from the date of the notice, the vehicle may be sold or otherwise disposed of in accordance with the Illinois Vehicle Code. 1-13-18: HEARING IN CASE OF VEHICLE IMMOBILIZATION: The owner of an immobilized vehicle or other interested person shall have the right to a hearing to determine whether the immobilization or any subsequent towing was erroneous or whether the vehicle was properly included on an immobilization list, if the owner files a written demand for a hearing before the Ordinance Enforcement Administrator within fourteen (14) days after issuance of the notice specified in 1 -13-16 or within fourteen (14) days of immobilization, whichever is later. A hearing shall be conducted on any business day within forty-eight (48) hours of receipt of a written demand for hearing, unless otherwise mutually agreed by the parties. Failure to request or attend a scheduled hearing shall be deemed a waiver of the right to a hearing. In the event of such failure, any amount deposited pursuant to 1 -13-14 shall be forfeited. A hearing provided by this Section shall not determine the validity of or otherwise adjudicate any citation or notice of ordinance violation issued relative to the immobilized vehicle, but shall only relate to whether the vehicle was properly immobilized or towed by determining whether the owner previously submitted evidence required by this Chapter. 1-13-19: FINES AND FEES FOR IMMOBILIZATION: The fine for immobilization shall be sixty dollars ($60.00) and the fine for impoundment and towing shall be an amount not to exceed five hundred dollars ($500.00). The owner of the vehicle shall also be charged reasonable storage and towing fees should the vehicle be removed to a private storage facility, provided that no fees shall be assessed for any immobilization or tow which has been determined to be erroneous. 1-13-20: TOWING SERVICES: The Ordinance Enforcement Administrator shall appoint or retain the services of an individual, agency, or company to tow and impound vehicles in accordance herewith, 14 provided that that individual, agency, or company is fully insured and licensed according to local or state law and has available a secured impound area within which to retain vehicles impounded hereunder. For the purpose of this Section a secured area shall mean an area bounded by a fence, chain-link or otherwise, of a sufficient height and with locking gates so as to minimize or prevent unauthorized entry into the impounded vehicles. 1-13-21 : EVICTION, RIGHTS OF OCCUPANTS : In the case of a Building Code violation, no action for eviction, abatement of a nuisance, forcible entry and detainer or other similar proceeding shall be threatened or instituted against an occupant of a dwelling solely because such occupant agrees to testify or testifies at a code violation hearing. 1-13-22: DEFENSES TO BUILDING CODE VIOLATIONS: It shall be a defense to a Building Code violation if the owner, his attorney, or any other agent or representative proves to the Hearing Officer' s satisfaction that: A. The code violation alleged in the notice does not in fact exist, or at the time of the hearing the violation has been remedied or removed; B. The code violation has been caused by the current property occupants and that in spite of reasonable attempt by the owner to maintain the dwelling free of such violations, the current occupants continue to cause the violations; C. An occupant or resident of the dwelling has refused entry to the owner or his agent to al or a part of the dwelling for the purpose of correcting the code violation. 1-13-23: SANCTIONS APPLICABLE TO THE BUILDING OWNER: The order to correct a Building Code violation and the sanctions imposed by a municipality as the result of a finding of a code violation shall attach to the property as well as to the owner of the property, so that a finding of a code violation against one owner cannot be avoided by conveying or transferring the property to another owner. Any subsequent transferee or owner of property takes subject to the findings, decision, and order of a Hearing Officer. 1-13-24: FEDERAL GOVERNMENT CONTRACTS UNDER THE BUILDING CODE: A person who contracts with the federal government or any of its agencies, including without limitation the Depart of Housing and Urban Development, to care for vacant residential real estate shall be responsible for maintaining the property to prevent and correct municipal 15 health and safety code violations. A person who intentionally violates this Section is guilty of a business offense and shall be fined not less than $501 and not more than $ 1 ,000. Section 2. Should a court of competent jurisdiction determine that one or more sections or subsections of this Ordinance is or are invalid, the remaining sections and subsections hereof shall remain in full force and effect. Section 3. This Ordinance shall become effective ten (10) days after publication. Section 4. Any and all Ordinances, sections, or subsections of Ordinances in conflict herewith are hereby repealed. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSESPEARS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR 16 Ordinance No. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the Mayor and City Council of the City have determined that it is in the best interests of the City to implement Administrative Adjudication; and, WHEREAS, pursuant to Section 1 -13- 10 of the City Code, the Administrative Adjudication process allows a Hearing Officer to impose a fine or penalty according to his judgment, if no fine or penalty is expressed in the City Code. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The United City of Yorkville Code of Ordinances is hereby amended by deleting the following sections in their entirety: 1 -4- 1 3-2-4J 3-2-7I 3-3-14H 3-4- 1 G 3-4A- 11 3-413- 11 3-4C-9 3-5A-5 3-7- 10 3-8-3J 3-9-24 3-10- 18 3-11 -14 4-1-1C 4-2-6 4-2A-7 4-3-5 4-4-5 4-5-3 5-1 -513 5-2- 11 5-3-2-3A2 5-3-2-3133 5-3-6A4 5-3-8 5-5-8 5-6-2 6- 1 -213 6- 1 -4C 6- 1 -5C 6-2-1A4 6-2- 1135 6-2-3A3 6-2-3133 6-2-3C2 6-2-3D2 6-2-3E2 6-2-3G4 6-2-613 6-2-8 6-3-2- 1E 6-3-4C 6-3-7 7- 1 -1C 7- 1 -313 7-4-12H 7-4-27 7-5-9C2 7-5-14 7-5- 15K2 7-5- 15K4 7-6-6- 10 7-6-9C 7-6-10 8- 1 -2D 8- 1 -7 8-3-4 8-8-3 8- 13-6D 10- 14-10 11 -9-1A Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. CITY CLERK 2 ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSESPEARS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR rrkvH1df es.delnmg.ord 3 `,(ED c/ph Reviewed By: Agenda Item Number J� a 0� Legal ❑ ©t D -jUSiNCSIS EST. less Finance ❑ Engineer ❑ --�� Tracking Number I� y City Administrator G i ❑ 9 F; a �O Consultant ❑ F-1 PS 2007-28 �1W• ` 4-E Agenda Item Summary Memo Title: Ice Cream Vendors/ Soliciting Ordinances Meeting and Date: Public Safety Committee-April 24, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Lisa Pickering Administration Name Department Agenda Item Notes: Please see attached information. Memorandum EST. 1836 To: Public Safety Committee From: Lisa Pickering, Deputy Clerk ® ®_1u,�^8 4 p CC: Brendan McLaughlin, City Administrator '¢ w �,a . 'fL Date: March 19, 2008 ®<kE `�� Subject: Ice Cream Vendors / Soliciting Ordinances Attorney Orr has reviewed our ordinances relating to ice cream vendors and soliciting. She has proposed two amendments to city code to address this. The first ordinance is an ordinance amending the city code in regards to the registration of solicitors, hawkers, and itinerant merchants. The second ordinance is an ordinance amending the city code to create a new classification for the registration of mobile food vendor units. Ice cream vendors would fall under the new classification of a mobile food vendor. The ordinances provide that all persons whether a mobile food vendor, a solicitor, a hawker, or an itinerant merchant will all have to follow certain procedures to be licensed. Items to note are: 1 ) These certificates of registration will be issued by the Office of the City Clerk. 2) Mobile food vendors have to obtain a health inspection certificate from the Kendall County health department before the city will issue a certificate of registration. 3) In both ordinances the certificate of registration shall be carried by the applicant and shall be displayed for inspection upon request. 4) The two ordinances also specify the days and times that the vendors are allowed to conduct business. 4 . Ordinance No. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVH.LE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR THE REGISTRATION OF SOLICITORS, HAWKERS, AND ITINERANT MERCHANTS WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, it is in the best interests of the City that all solicitors, hawkers, and itinerant merchants are regulated in order to protect the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 3, Chapter 7 of the United City of Yorkville Code of Ordinances is hereby deleted in its entirety and replace with the following: CHAPTER 7 SOLICITORS, HAWKERS, AND ITINERANT MERCHANTS 3-7-1 : DEFINITIONS: For the purpose of this chapter, the following words as used herein shall be construed to have the meanings herein ascribed: HAWKER: One who carries goods about and sells them by offering them in the streets. His sales are not made from one established spot, excepting where they are made in the street or other public place and he makes delivery at the time of sale. Whether or not he collects at the same time is immaterial. ITINERANT MERCHANT: Any person, who engages in a transient or temporary business of selling and delivering goods, wares, or merchandise within the City, and who, in furtherance of such purpose, leases, uses, or occupies any temporary structure, tent lot, street, alley, sidewalk, or any other such place, public or private, within the City for the exhibition and sale of such goods, wares, or merchandise, or for securing orders for future delivery of such goods, wares, or merchandise. Examples include: Christmas tree sales. Also called transient merchant or transient vendor. RESIDENCE: Includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure. SOLICITING: Includes any one or more of the following activities: A. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, and services of any kind, character or description whatever, for any kind of consideration whatever; or B. Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or C. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers, and every other type or kind of publication; or D. Seeking to obtain gifts or contributions of money, clothing, or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project. E. Hawking or doing business as an itinerant merchant. SOLICITOR: One who engages in acts of "soliciting' as defined herein (also includes hawkers and itinerant merchants). (Ord. 2002-01 , 2-26- 2002; amd. Ord. 2007-52, 7-24-2007) 3-7-2: CERTIFICATE OF REGISTRATION REQUIRED: Every person desiring to engage in soliciting, hawking or business as an itinerant merchant within the city is hereby required to make written application for a certificate of registration as hereinafter provided. It shall be unlawful for any person to engage in soliciting, hawking or business as an itinerant merchant without having first obtained said certificate of registration. Said certificate shall be carried by the applicant while engaged in soliciting, hawking or business as an itinerant merchant vendor and shall be displayed for inspection upon request. (Ord. 2002-01 , 2-26- 2002) 3-7-3: APPLICATION FOR CERTIFICATE: A. Application for a certificate of registration shall be made upon a form provided by the Office of the City Clerk and filed with such. The applicant shall truthfully state in full the information requested on the application: 1 . Place of Residence; Social Security Number: Name and address of present place of residence of solicitor, hawker or itinerant merchant and applicant and length of residence at such address; also business address if other than residence address; also social security number and date of birth; 2 2. Identification: Copy of current state photo identification or driver' s license. 3. Name of Employer or Representation: Name and address of the person, firm or corporation or association whom the applicant is employed by or represents; and the length of time of such employment or representation; 4. Description of Subject Matter: Description sufficient for identification of the subject matter of the soliciting, hawking or product being sold by the itinerant merchant which the solicitor, hawker or itinerant merchant will engage in; 5. Time Period: Period of time for which the certificate is applied for; 6. Date of Previous Application: The date, or approximate date, of the latest previous application for certificate under this chapter, if any; 7. Revocation History: Whether a certificate of registration issued to the applicant under this chapter has ever been revoked; 8. Conviction of a Violation; History: Whether the applicant or solicitor, hawker or itinerant merchant has ever been convicted of a violation of any of the provisions of this chapter or the ordinance of any other Illinois municipality regulating the activities of solicitors, hawkers, or itinerant merchants; 9. Conviction of a Felony; History: Whether the applicant has ever been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law of the United States; 10. Tax Identification Number: Each applicant shall produce an Illinois department of revenue identification number for the retailers' occupation tax. No license shall be issued if the applicant does not have an identification number except that no identification number shall be required of a solicitor, hawker or itinerant merchant sponsored by or working for a religious, educational or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a "Tax Exempt Number" and written proof of its "Tax Exempt Status"; 3 11 . Consent of Property Owner: All itinerant merchants must submit a signed statement from the owner of the property from which they are proposing to operate their businesses evidencing permission to do business on the particular owner's property. If the applicant is proposing to operate their business from a city park, written permission from the Park Board must be submitted; 12. Photo of the applicant: Each applicant shall submit a photo that must be the same size as required for passports — 2 inches by 2 inches. B. All statements made by the applicant upon the application or in connection therewith shall be under oath. C. Every applicant and solicitor, hawker, or itinerant merchant shall be required to submit to fingerprinting by the police department in connection with the application for certificate. The applicant shall pay the fee as set by the Illinois State Police for fingerprint submissions. D. The Office of the City Clerk shall cause to be kept an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this chapter and of the denial of applications. E. No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law of the United States, within five (5) years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this chapter, nor to any person whose certificate of registration issued hereunder has previously been revoked as herein provided. F. Each hawker and itinerant merchant applicant shall pay a two hundred dollar ($200.00) application fee per application. Each solicitor applicant shall pay a one hundred dollar ($ 100.00) application fee per application. No application fee shall be charged of a solicitor, hawker, or itinerant merchant sponsored by or working for a religious, educational or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a "Tax Exempt Number" and written proof of its "Tax Exempt Status". (Ord. 2002-01 , 2-26-2002) 3-7-4: ISSUANCE OF CERTIFICATE: 4 The Office of the City Clerk, after consideration of the application and all information obtained relative thereto, shall, within ten (10) business days of application, approve or deny the application. If the person does not possess the qualifications for such certificate, as herein required, and the issuance of a certificate of registration to the applicant would not be in accord with the intent and purpose of this chapter, then the Office of the City Clerk shall deny the application. Endorsement shall be made by the Office of the City Clerk upon the application of the denial of the application. If the applicant is found to be fully qualified, the certificate of registration shall be issued within five (5) business days of the application approval so long as the application fees have been fully paid. Any certificate of registration issued pursuant to this chapter shall expire one (1 ) year after issuance. (Ord. 2002-01 , 2-26-2002) 3-7-5: CITY POLICY ON SOLICITING: It is hereby declared to be the policy of the city council that the occupant or occupants of any premises in the city shall make the determination of whether solicitors shall be, or shall not be, invited onto their respective premises. Only solicitors having a valid certificate of registration provided in section 3-7-2 of this chapter shall engage in solicitation within the city unless said solicitor has previously been invited by an occupant of the premises. It is further the city's policy that, in the interest of safety, no child under the age of fourteen (14) shall be allowed to solicit in the city of Yorkville unless said child is supervised during solicitation by an adult who has registered pursuant to this chapter. (Ord. 2002-01 , 2-26-2002) 3-7-6: NOTICE REGULATING SOLICITING: Every person desiring to secure the protection intended to be provided by the regulations pertaining to soliciting contained in this chapter shall comply with the following directions: A. Any owner or resident may restrict solicitation or limit the hours during which solicitors are invited to his or her residence by posting that intention as provided in this section. B. Notice of the determination by the occupant of the refusal of invitation to solicitors or a restriction on the hours during which solicitation is invited at any residence, shall be given in the manner following: A weatherproof card, approximately three inches by four inches (3 " x 4") in size, or larger, shall be exhibited upon or near the main entrance door to the residence, indicating the determination of the occupant, as follows: 5 NO SOLICITORS INVITED or SOLICITATION LIMITED TO THE HOURS OF: to . C. The letters shall be at least one-third inch (1 /3 ") in height. D. Such card, or similar sign, so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon. (Ord. 2002-01 , 2-26-2002) 3-7-7: DUTY OF SOLICITORS : It shall be the duty of every solicitor upon going onto any privately owned premises in the city to first examine the notice provided for in section 3=7- 6 of this chapter, if any is given or attached, and be governed by the statement contained on the notice. If the solicitor is calling during a time when the resident has restricted solicitation or the notice states: "No Solicitors hnvited", then the solicitor, whether registered or not, shall immediately and peacefully depart from the premises. Any solicitor who has gained entrance to or who is on any premises, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant. (Ord. 2002-01 , 2-26-2002) 3-7-8: UNINVITED SOLICITING PROHIBITED: It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in "soliciting" as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of section 3-7-6 of this chapter. (Ord. 2002-01 , 2-26-2002) 3-7-9: TIME LIMIT ON SOLICITING: It is hereby declared to be unlawful and shall constitute a nuisance for any person whether registered under this chapter or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in "soliciting" as herein defined, before nine o'clock 6 (9:00) A.M. or after eight o'clock (8:00) P.M., Monday through Friday, or prior to nine o'clock (9:00) A.M. or after five o'clock (5 :00) P.M. on Saturday. There shall be no "soliciting", as defined in this chapter, on Sundays or on state or national holidays, except as follows: Itinerant merchants and hawkers not going door to door to residences may conduct business from nine o'clock (9:00) A.M. to eight thirty o'clock (8 :30) P.M. Sunday through Saturday, including holidays. Individual owners and residents may further restrict the hours of soliciting on their property by posting a notice pursuant to section 3-7-6 of this chapter. (Ord. 2007-52, 7-24-2007) 3-7-10: PENALTIES: If a violation of any of the provisions of this chapter occurs, the city shall issue a citation to the offender and a fine in the amount of one hundred dollars ($ 100.00). If any individual is found in violation of this chapter for a second or subsequent time the city shall issue a citation to the violator in the amount of three hundred fifty dollars ($350.00). (Ord. 2002-01 , 2-26- 2002) 3-7-I1 : ITINERANT MERCHANTS; PERMIT: In addition to the application fee set out in subsection 3-7-3F of this chapter, itinerant merchants shall be required to obtain a permit from the building and zoning department of Yorkville. Because of the nonpermanent nature of the structures being operated by itinerant merchants, itinerant merchants shall also be charged a fee of forty dollars ($40.00) to cover the costs and expenses of periodic safety inspections by the building department of the premises from which sales are being made. (Ord. 2002-01 , 2-26-2002) Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. CITY CLERK 7 ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR y rkvillesolichor.orddoc 8 # 9b , Ordinance No. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR THE REGISTRATION OF MOBILE FOOD VENDOR UNITS WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, it is in the best interests of the City that all food establishments that are readily moveable are regulated in order to protect the health, safety, and welfare of its citizens. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section I. Title 3, Chapter 5 of the United City of Yorkville Code of Ordinances is hereby amended by adding the following new Article B: ARTICLE B. MOBILE FOOD VENDOR UNITS 3-5B-1: DEFINITIONS: For purposes of this Article, the following words and phrases shall have the following meanings ascribed to them respectively: COMMISSARY: A catering establishment, restaurant, or any other place in which food, containers, or supplies are kept, handled, prepared, packaged, or stored. MOBILE FOOD UNIT: A vehicle-mounted food service designed to be readily movable. PUSHCART: A self-propelled vehicle limited to serving nonpotentially hazardous foods or commissary wrapped food maintained at proper temperatures. SANITIZATION: The effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on utensils and equipment. 3-5B-2: CERTIFICATE OF REGISTRATION REQUIRED: Every person desiring to engage in mobile food service within the city is hereby required to make written application for a certificate of registration as hereinafter provided. It shall be unlawful for any person to engage in mobile food service without having first obtained said certificate of registration. Said certificate shall be carried by the applicant while engaged in mobile food service and shall be displayed for inspection upon request. 3-5B-3 : APPLICATION FOR CERTIFICATE: A. Application for a certificate of registration shall be made upon a form provided by the Office of the City Clerk and filed with such. The applicant shall truthfully state in full the information requested on the application: 1 . Place of Residence; Social Security Number: Name and address of present place of residence of the applicant and length of residence at such address; also business address if other than residence address; also social security number and date of birth; 2. Identification: Copy of current state photo identification or driver's license; 3 . Name of Employer or Representation: Name and address of the person, firm, or corporation or association whom the applicant is employed by or represents; and the length of time of such employment or representation; 4. Description of Mobile Food Service: Description sufficient for identification of the mobile food service provided by the merchant which the applicant will engage in; 5. Time Period: Period of time for which the certificate is applied for; 6. Date of Previous Application: The date, or approximate date, of the latest previous application for certificate under this chapter, if any; 7. Revocation History: Whether a certificate of registration issued to the applicant under this chapter has ever been revoked; 8. Conviction of a Violation; History: Whether the applicant has ever been convicted of a violation of any of the provisions of this chapter or the ordinance of any other Illinois municipality regulating the activities of mobile food vendors; 9. Conviction of a Felony; History: Whether the applicant has ever been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law of the United States; 10. Tax Identification Number: Each applicant shall produce an Illinois Department of Revenue identification number for the retailers' occupation tax. No license shall be issued if the applicant does not have an identification number except that no identification number shall be required if a mobile food vendor is sponsored by or working for a religious, educational, or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a "Tax Exempt Number" and written proof of its "Tax Exempt Status;" 11 . Health Certificate: Any mobile food vendor shall be required to obtain a health inspection certificate from the Kendall County public health department. Said certificate shall be required to do business under a certificate of registration under this title and chapter in the city of Yorkville. 2 12. Photo of the applicant: Each applicant shalt submit a photo that must be the same size as required for passports — 2 inches by 2 inches. B. All statements made by the applicant upon the application or in connection therewith shall be under oath. C. The Office of the City Clerk shall require every applicant to submit to fingerprinting by the police department in connection with the application for certificate. The applicant shall pay the fee as set, by the Illinois State Police for fingerprint submissions. D. The Office of the City Clerk shall cause to be kept an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this chapter and of the denial of applications. E. No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law of the United States, within five (5) years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this chapter, nor to any person whose certificate of registration issued hereunder has previously been revoked as herein provided. F. Each applicant shall pay a two hundred ($200.00) application fee per application. No application fee shall be charged of a mobile food vendor sponsored by or working for a religious, educational, or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a "Tax Exempt Number" and written proof of its "Tax Exempt Status." 3-5B-4: ISSUANCE OF CERTIFICATE: The Office of the City Clerk, after consideration of the application and all information obtained relative thereto, shall, within ten (10) business days of application, approve or deny the application. If the person does not possess the qualifications for such certificate, as herein required, and the issuance of a certificate of registration to the applicant would not be in accord with the intent and purpose of this chapter, then the Office of the City Clerk shall deny the application. Endorsement shall be made by the Office of the City Clerk upon the application of the denial of the application. If the applicant is found to be fully qualified, the certificate of registration shall be issued within five (5) business days of the application approval so long as the application fees have been fully paid. Any certificate of registration issued pursuant to this chapter shall expire one (1 ) year after issuance. 3-5B-5: MOBILE FOOD SERVICE: A. Mobile food units or pushcarts shall comply with the requirements of this Article, except as otherwise provided in this section. The health department may impose additional requirements to protect against health hazards related to the conduct of the food service establishment as a mobile operation, may prohibit the sale of some or all potentially hazardous food and, when no health hazard will result, may waive or modify requirements of this Article relating to physical facilities except those 3 requirements of Subsections (d) and (e) of this Section, and Sections 2 and 3 set forth below. B. Pushcarts are not permitted except those that contain only ice cream and related products. C. Mobile food units serving only food prepared, packaged in individual servings, transported, and stored under conditions meeting the requirements of this Article or beverages that are not potentially hazardous and are dispensed from covered urns or other protected equipment, need not comply with requirements of this chapter pertaining to the necessity of water and sewage systems nor to those requirements pertaining to the cleaning and sanitization of equipment and utensils if the required equipment for cleaning and sanitization exists at the commissary. D. A mobile food unit requiring a water system shall have a potable water system under pressure. The system shall be of sufficient capacity to furnish enough hot and cold water for food preparation, utensil cleaning and sanitizing, and hand washing, in accordance with the requirements of this chapter. The water inlet shall be located so that it will not be contaminated by waste discharge, road dust, oil or grease, and it shall be kept capped unless being filled. The water inlet shall be provided with a transition connection of a size or type that will prevent its use for any other service. All water distribution pipes or tubing shall be constructed and installed in accordance with the requirements of this chapter. E. If liquid waste results from operation of a mobile food unit, the waste shall be stored in a permanently installed retention tank that is of at least fifteen percent (15%) larger capacity than the water supply tank. Liquid waste shall not be discharged from the retention tank when the mobile food unit is in motion. All connections on the vehicle for servicing mobile food unit waste disposal facilities shall be of a different size or type than those used for supplying potable water to the mobile food unit. The waste connection shall be located lower than the water inlet connection to preclude contamination of the potable water system. 3-5B-6: COMMISSARY: A. Mobile food units or pushcarts shall operate from a commissary or other fixed food service establishment and shall report at least daily to such location for all supplies and for all cleaning and servicing operations. B. The commissary or other fixed food service establishment used as a base of operation for mobile food units or pushcarts shall be constructed and operated in compliance with the requirements of this chapter. 3-5B-7: SERVICING AREA AND OPERATIONS: A. A mobile food unit servicing area shall be provided and shall include at least overhead protection for any supplying, cleaning, or servicing protection. Within this servicing area there shall be a location provided for the flushing and drainage of liquid wastes separate from the location provided for water servicing and for the 4 loading and unloading of food and related supplies. This servicing area will not be required where only packaged food is placed in the mobile food unit or pushcart or where mobile food units do not contain waste retention tanks. The surface of the servicing area shall be constructed of a smooth nonabsorbent material, such as concrete or machine-laid asphalt and shall be maintained in good repair, kept clean, and be graded to drain. C. Potable water servicing equipment shall be installed according to law and shall be stored and handled in a way that protects the water and equipment from contamination. The mobile food unit liquid waste retention tank, where used, shall be thoroughly flushed and drained during the servicing operation. All liquid waste shall be discharged to a sanitary sewerage disposal system in accordance with Yorkville- Bristol Sanitary District rules and regulations. 3-5B-8: TIME LIMIT ON MOBILE FOOD VENDOR UNITS: A. Mobile food vendors may conduct business from nine o'clock (9:00) A.M. to eight thirty o'clock (8:30) P.M Sunday through Saturday, including holidays. B. Mobile food vendors are not licensed to conduct business door-to-door. Section Z This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR 5