HomeMy WebLinkAbout2013-10-28 Agenda1
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VILLAGE OF MORTON GROVE
VILLAGE BOARD OF TRUSTEES REGULAR MEETIN'G-
NOTICE/AGENDA
TO BE HELD AT THE RICHARD T. I'LiC� INGER MUNICIPAL CENTER
�1'cta� bet- 28, 201 i
?;�10 pm
to Order
I'iedge of �' leegiance
Roll Cali
Approval of Minutes —
Special Reports
Pubhc Bearings
Special Nleeiing of 0ctoi0er 201=
RF (Uuiar Meetulu o Octoix'r ?01_
Residents' Comments (agenda items on, iy)
Presideut's Report— Adimiustration. Nortrzn�est Lunicir>aT ConfeYence. Council o,`MctvoPS, srwl m-
Pzan' Cow ??Pehensive Plan
a. Connnission/ Board /Cmnmittee appointinentsireappoiniments are requested as ioliove :
E'cono�nic DeveZopr��enP Commissio22
Chris Kintner
b. Prociama6on - Filipino American. Flisiory Month - October 20 i3
c. Mayoral Update/Review
Cierk's Report - Comonfnity ivy&7 %ions Co emission
Staff RePorts
a. Village Administrator
1) Miscellaneous Reports and Updates
b. Corporation Counsel
Richard T. Flickinger Municipal Center
6101 Capulina Avenue e Morton Grove, Illinois 60053 -2985
Tel: (847) 965 -4100 Fax: (847) 965 -4162
Recv(a, a Panel
11, Reports by Trustees
a. Trustee Grear — Fire Department, Emergency Management Agency, RED Center, Fire and
Police Commission, Police Department, Police Facility Committee, Chamber of Commerce
(Trustee Tflitko)
Ordinance 13 -16 (buroduced October- 28, 2013) (First Reading)
Amending Title 6, Chapter 1 and 3, and Adding Chapters 7 and 8 to the Municipal Code of
the Village of Morton Grove
b. Trustee Marcus — Advisory Commission on Aging Family and Senior Services Department,
Finance Advisory Commission, Condominium Association (Trustee Toth)
a Trustee Pietron -- Appearance Commission, Building Department, [T Communications,
Community and Economic Development Departnew, Economic Development Commission
(Trustee Thill)
d. 'Trustee Thill — Public World Department, Solid IPaste Agency of Northern Cook County, Traffic
Safety Commission, Taukegan Road TIT, Lehigh /Ferris TIF Dempster Street Corridor Plan
(Trustee Pietron)
e. 'Trustee Toth — Finance Department, Capital Projects, Environmental Health, Natural Resource
Commission (Trustee Marcus)
F. Trustee Witko - Legal, Plan Commission/Zoning Board of Appeals, NLPSTA, Strategic Plan
Committee (Trustee Grear)
1) Ordinance 13 -17
(Introduced October
28,
2013)
(First Reading)
Amending Title 1,
Chapter 1 through I
OM
of the
Municipal Code
12. Other Business
13. Presentation of Warrants: 93 „191,208.93
14. Residents' Comments
15. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate
16. Adjournment - To erasure full accessibilay and equalparticapaiion for all interested citizens, indmiduals with disabilities
who plan to attend and who require certain accommodations ire order to observe and/or participate in this meeting, or who
have questions regarding die accessibility afthese facilities, are requested to contact Susan or Marlene (847/470 -5220)
prompthr io allow the Village to make reasonable accommodations.
MINUTES OF THE OCTOBER 7, 2013, SPECIAL MEETING
OF THE BOARD OF TRUS'T'EES
RICHARD T. FLICKINGER :MUNICIPAL CENTER
6101 CAPULINA A17ENUE
MORTON GROVE, ILLINOIS 60053
Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was
called to order at 6:00 pm by Mayor Daniel P. DiMaria who Ied the assemblage in the pledge of
allegiance. Clerk Ed Ramos called the roll. in attendance were:
Elected Officials: Mayor Daniel P. DiMaria, Trustees Bill Great, Sheldon Marcus,
John Pietron, John Thill, Maria Toth, and Cleric Ed Ramos
Absent: None
Village Staff: Village Administrator Ryan J, Horne, Corporation Counsel Teresa.
Hoffman Liston, Community and Economic Development Director
Nancy Radzevich
Also Present: hed Clark, Claris. Baird and Smith
Mayor DiMaria stated the topics of the meeting were to discuss pending litigation, personnel
matters, labor negotiations, real estate, and discussion of a new trustee appointment. These
topics are appropriate for Executive Session,
Trustee Marcus moved to adjourn to Executive Session to discuss pending litigation, personnel
matters, labor negotiations, real estate. and discussion of a new trustee appointment. The motion
was seconded by Trustee Toth and approved unanimously pursuant to a roll call vote at 6:01 pm,
At the close of the Executive Session, Trustee Marcus moved to adjourn the Special
Meeting. The motion was seconded by Trustee Thiil and approved unanimously pursuant to a
voice vote at 6:56 pm.
Minutes by: Ed Ramos, Village Clerk
Richard T. Flickinger Municipal Center
6101 Capulina Avenue E 1\4orton Grove, Illinois 60053 -2985
Tel: (847) 965-4100
Fax: (847) 965 -4162
CALL TO ORDER
I & Village President Dan DiMaria called the
meeting
to order
at 7:00
p.m.
and led
the
11, assemblage in the Pledge of Allegiance.
He then
directed
the
Clerk
to
call the
roll.
III. Village Clerk Ed Ramos called the roll. Present were: Trustees Bill Grear, Shel Marcus,
John Pietron, John Thill, and Maria Toth.
IV, APPROVAL Or MINUTES
Regarding the Minutes of the Special Meeting of September 23, 2013, Trustee Toth moved
to accept the Minutes as presented. Trustee Thill seconded the motion. Trustee Pietron asked
that the Minutes be amended to Include Nancy Pazdevich in the list of the people present at
the meeting. Upon the vote, the motion passed unanimously via voice vote.
b. Regarding the Minutes of the September 23, 2013 Regular Board Meeting, Trustee Toth
moved, seconded by Trustee Grear, to accept the Minutes as presented. Motion passed
unanimously via voice vote.
V. SPECIAL REPORTS
Naval Thanksgiving Dav Dinner Presentation
Casey Buchara andJoe Gesicki appeared before the Board to promote American Legion
Post 134's annual Naval Thanksgiving Day.
Mr. Buchara chairs the Thanksgiving Day Committee. He thanked the mayor and board for
their past support of "Navy Day" on Thanksgiving. He explained that this is the 7" annual
Navy Day, which is an occasion for the older veterans and Morton Grove residents to show
their appreciation of the new military personnel The Legion buses in 50 recruits from Great
Lakes Naval Base on Thanksgiving morning (bus courtesy of School District 57). The recruits
start their day with coffee and sweets, have the chance to play videogames and make iong-
distance telephone calls, and fed and entertained throughout the day.
Mr. Buchara said that many local merchants assist in this event. He encouraged the Mayor
and the Board members to attend, adding that the Legion is grateful for any support from the
community, both financial support and volunteer support. They are also seeking support for
the Wounded Warriors program.
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V. SPECIAL REPORTS (continued)
Mayor DiMaria said that he's attended in the past with his children, who have a great time inte-
racting with the Naval recruits. He encouraged all residents to attend this wonderful event.
W PUBLIC HEARINGS
NONE
VII. RESIDENTS' COMMENTS (Agenda Items Only)
NONE
PRESIDENT'S REPORT
Proclamations
Mayor DiMaria proclaimed October 43, 2013 as "B'Nai B'rith Day" in the Village of Morton
Grove. B'Nai B'rith is the oldest service organization founded in the United States, and has an
unparalleled record of aiding humanity in communities around the globe. B'Nai B'rith members
provide countless hours of community service to local projects in the towns where they live.
Mayor DiMana pointed out that Trustee Marcus is a Past President of the Midwest Region of
B'Nai B'hth International and currently sits on the National Executive Board of Trustees.
Appointment of New Trustee
a. Mayor DiMaria noted that he had received a lot of applications to fill the Trustee seat vacated
by former Trustee Kalogerakos, and felt that his choice.. Janine Witko.. was the most aualified
candidate of them all.
b. Mayor DiMaria said that this proves that Janine is an independent thinker who puts the Village
1.
first. He added that Janine agrees with and supports the Board's vision for moving the Village
forward. The mayor said that he had spoken with all of the 'trustees about this appointment
and everyone was extremely happy and delighted with his choice.
Trustee Toth moved to approve Mayor DiMaria's appointment of Janine \Nitko to fill the vacant
trustee seat, seconded by Trustee Pietron.
Motion passed: 5 ayes, 0 nays.
Tr. Grear ave Tr. Marcus give Tr. Pietron aye
Tr. Thill aye Tr. Toth aye
Mayor DiMaria then swore in the newest trustee, Janine Witko.
c. Trustee Witko thanked her family and friends for their support, commenting that many of
them were present this evening. She thanked Rita and Paul Minx for getting her started in
local politics, and thanked Mayor Dil\Aaria and the Board for putting their faith in her.
Trustee Grear presented her with flowers from the Board.
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Vil. PRESIDENT'S REPORT (continued)
Mayor DiMana stated that Trustee Witko is going to be a valuable team member, adding that
this was a great day for Morton Grove!
3. Commission Appointment
Since Trustee
Witko will no longer be serving
on the Plan Commission /Zoning
Board,
Mayor
DiMana asked
for the Board's concurrence to
appoint Craig Gillespie to fill her
seat.
Trustee Thill so moved, seconded by Trustee Marcus.
Motion passed unanimously via voice vote,
4. Mayoral Update
a. Mayor DiMaria said he had attended two grand openings recently. One was for "Biggies" on
Oakton near Austin Avenue. He was joined there by Trustees Toth, Thill. Pietron, and Marcus.
He said he highly recommends Biggies —they have very good food! The second grand
opening was at Fear City on September 27. It was very good; very different this year. He
encouraged everyone to go!
b. Mayor DiMana said that, at the invitation of Clerk Ramos, he attended the Adobe Festival in
St. Paul Woods on September 29. He thanked Clerk Ramos for inviting him, and said that he
had a great time and met many members of Morton Grove's Filipino community.
c. Mayor DiMaria also attended the International Shopping Center Conference with Village
Administrator Ryan Horne and Community & Economic Development Director Nancy
Razdevich and Administrative Intern Laura Lake. He said it's the second time he's been there
this year, and he came away with several meetings set up. There were many brokers there
and people are starting to get excited about Morton Grove.
d. Mayor DiMaria noted that planning has begun for the 2014 Taste of Morton Grove. This
annual fundraising event is sponsored by the Morton Grove Foundation, and each year the
beneficiaries are local groups and charities. He said that volunteers for this year's Taste
Committee are welcome, and encouraged people to get involved,
e. Mayor DiMaria said that there will be another "Student Government Day" on Wednesday,
October 9. He and Trustee Toth will be hosting this event, which begins at 8:30 a.m. He
said he felt that it was important to get children involved early in learning about their local
government, and encourage the other Board members to attend. He also expressed his
thanks to intern Laura Lake, who was very involved in the planning for this day.
IX. CLERK'S REPORT
Clerk Ramos asked for a motion to approve the Executive Session Minutes of March 11,
2013, March 25, 2013, June 24, 2013; July 81 2013; and September 9, 2013,
Trustee Marcus so moved, seconded by Trustee Toth,
Motion passed: 5 ayes, 0 nays, 1 abstain.
Tr. Grear acre Tr. Marcus dare Tr. Pietron acre
Tr. Thill aye Tr. Toth aye Tr. Witko abstain
2. Next, Clerk Ramos asked for a motion for the destruction of tapes of Executives Sessions (as
authorized by the Illinois Open Meetings Act) for November 14, 2011, November 28, 2011;
February 27, 2012; and March 20, 2012.
Trustee Marcus so moved, seconded by Trustee Pietron.
Motion passed: 5 ayes, 0 nays, i abstain.
Tr. Grear aue Tr. Marcus aye Tr. Pietron aye
Tr. Thill acre Tr. Toth aye Tr. Witko abstain
3. Lastly, Clerk Ramos asked for a motion not to release any Executive Session Minutes.
Trustee Marcus so moved, seconded by Trustee Toth.
Motion passed: 5 ayes, 0 nays, R abstain.
Tr. Grear age Tr. Marcus aave Tr. Pietron acre
Tr. Thill aye Tr. Toth acre Tr. Witko abstain
X. STAFF REPORTS
A. Village Administrator:
a. Village Administrator Ryan Horne reminded the assemblage that the Dempster Street closure,
which began on October 2, would last until October 10. He encouraged everyone to follow the
posted detours.
b. Mr. Horne noted that the Village would hold a Flu Shot Clinic for all residents at the Civic
Center on October 9 from 2:00 p.m. to 5:30 p.m.
c. Mr. Horne announced that Congresswoman Jan Schakowsky would be present at the
Civic Center on October 19 at 5'90 p.m. to provide an overview of and respond to questions
regarding the Affordable Care Act.
d. Mr. Horne stated that, also on October 19, at 4:00 p.m. at the Civic Center, representatives of
the North Shore Senior Center would be available to provide counseling to seniors regarding
the Senior Health Insurance Program.
9
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X.
STAFF REPORTS (continued)
e. Mr. Horne thanked Mayor DiMaria for attending the International Shopping Center
Conference, noting that Mayor DiMaria was the only mayor present to represent his
Village, and that he himself was one of the few Village Administrators present. He said
Mayor DiMaria's passion for Morton Grove and his energy were very noticeable.
B. Cornoration Counsel:
Corporation Counsel Liston had no report ,
XI.
A. Trustee Grear
TRUSTEES'REPORTS
Trustee Grear presented Ordinance 13 -15, An Ordinance Granting an Amendment to a
Special Use (Ordinance 11 -27) to Allow Additional Entertainment Uses at 5240 Austin
Avenue.
a. This is an ordinance regarding Plan Commission Case PC 13 -09, where the Applicant..
Big City Entertainment (BCE) was requesting an amendment to a Special Use Permit to allow
for additional entertainment uses and modification to hours of operation.
b. Director of Economic Development Nancy Razdevich presented this case to the Board. BCE
(Fear city) has a special use permit to operate a haunted house, with a limited number of days
and hours of operation. BCE would like to allow additional entertainment uses, such as airsoft/
laser tag gaming, tactical training, birthday parties, charitable poker games, dances, movie
nights, and other related entertainment uses.
c. Ms. Razdevich noted that Charles Grendys, co -owner of BCE, testified at the Plan
Commission hearing that BCE has received a charitable games provider license from the
State; the license allows up to eight charitable gaming events annually. He also said that any
event that would draw over 50 people would be done on a weekend (because the surrounding
businesses do not operate on weekends). Currently the haunted 'house accommodates 1.000
customers a night, on average. In comparison. BCE expects that up to 50 would attend
airsoft/laser tag gaming and approximately 100 customers would attend charitable gaming.
As for the tactical training, Mr. Grendys had testified that, when fire and police inspectors
came through the facility, they had mentioned that they thought it would be a great place to
train. BCE contacted Mir Tactical about possibly setting up some tactical training and /or airsoft
gaming. Mir Tactical sets up tactical training with specific scenarios —for example, hostage
situations. Mr. Grendys believes that there is a huge demand for tactical training; he has been
contacted by various entities such as the Coast Guard and the Treasury Department, and
thought it would be good for the community to be known for tactical training.
e. When asked about the charitable poker events, Mr. Grendys said that, if this Special Use
Amendment was approved, BCE would rent their hall to Rockford Charities., an organization
that runs charity gaming events. Players "buy in" and a certain amount of each pot goes to the
designated charity, specifically a certified 501(c)3 charitable organization. BCE would find a
Morton Grove caterer to provide food as needed.
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XI.
A. Trustee Grear (continued)
TRUSTEES' REPORTS (continued)
Mr. Grendys further testified that BCE is not looking for a liquor license; for charity gaming,
liquor would be provided by a licensed caterer.
g. After more discussion, the Plan Commission unanimously voted to recommend approval of
this request, with several conditions.
h. Ms. Razdevich noted
that, this
evening,
Mr.
Grendys from BCE is asking that the second
reading of Ordinance
13 -15 be
waived.
She
invited Mr. Grendys to address the Board.
Mc Grendys said he was requesting the waiver of the second reading requirement because
BCE wants to be able to market these events to the haunted house customers, who will only
be coming through the end of October. He said he didn't have anything specific In mind, but d
people wanted a venue for a party (with the upcoming holidays), he wanted to be ready.
Having to wait until the second meeting in October (October 28) would mean that he would
lose a lot of potential advertising time.
Trustee Grear thanked Mr. Grendys for being a good neighbor. He said the neighborhood
around Fear City has been a "minimal complaint" area., adding that BCE has done a great job
with traffic control. He felt it would be a grave injustice to ask BCE to wait until October 28`x,
especially since the Village is trying to be more business - friendly.
Trustee Grear moved to waive the second reading of Ordinance 13 -15, seconded by Trustee
Pletron.
k. Trustee Marcus also complimented Mr. Grendys, noting that he was a great businessman
who always participated in community events. He said that normally he has concerns about
waiving the second reading of an ordinance, but felt that Mc Grendys and BCE have gone out
Of their way to communicate to their neighbors, and thought that waiving the second reading in
this instance would be beneficial to the Village.
Trustee Marcus asked Corporation Counsel, regarding poker events, if a caterer could bring
in liquor. Ms. Liston responded that, if the caterer had a Village of Morton Grove business
license, they could,
m. Trustee Marcus asked Mr.
Grendys about "Las
Vegas"
nights. Mr. Grendys noted that his
charitable gaming license
only allows eight
events per
year, and only on weekends.
n. Trustee Marcus asked about a action of the Fear City revenue going to District 219.
Mr. Grendys said that he'd heard that the school district needs help, plus he was trying to get
attendance up for the haunted house, so he's providing discounted tickets, and a percentage
of the proceeds will go to District 219. He said it seemed like the right thing to do. Trustee
Marcus complimented him. Mr. Grendys commented that, on October 26, Fear City will
welcome children 12 and under for a "lights -on ", minimally scary event, Normally attendees
must be age 12 or older.
Trustee
Thill wanted
to clarify that
BCE is
just
leasing their facility for
charitable gaming or
tactical
training, not
running these
events.
Mr.
Grendys said that was
correct,
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3
XI.
A.
C.
TRUSTEES' REPORTS (continued)
Trustee Grear (continued)
Trustee Thill asked Ms, Liston about the Village's entertainment tax, wondering if these types
of events were taxable under the Village's code. She said that the charitable poker games
would be taxable and possibly the tactical training would be as well.
Mayor DiMaria called for the vote on waiving the second reading of Ordinance 13 -15.
Motion passed: 6 ayes, 0 nays.
Tr. Grear ave Tr. Marcus Eye Tr. Pietron ave
Tr. Thill ave Tr. Toth ave Tr. Witko ave
Trustee Thill then moved to adopt Ordinance 13 -15, seconded by Trustee Grear.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus
Tr. Thill ave Tr. Toth
ave
Tr.
Pietron
ave
ave
Tr.
Witko
ave
Trustee Grear welcomed Trustee Witko, saying that she was an "A +" candidate for the
position.
Trustee Marcus:
Trustee Marcus had no formal report, but welcomed Trustee Witko and wished her well:. He
thought she was an excellent choice, and looked forward to her assistance in making good
things happen in Morton Grove,
Trustee Pietron:
Trustee Pietron presented Resolution 13 -60, Authorizing a Contractual Agreement with
Tobin Cheuk of Morton Grove, Illinois, For the Development and Data Migrationof the
Vil'lage's Online Municipal code and Ongoing Maintenance Support.
a. He explained that approval of this resolution will provide a cost - effective platform for the
Villaae to make its Municipal Code current and accessible to residents, businesses, and
Village Staff.
b. Trustee Pietron noted that many entities, both internal and external, rely on the online version
for the Village's most current Code, which is currently maintained through Sterling Codifiers.
The Village's Administration Department was seeking a more cost - efficient solution to hosting
the Village's online Municipal Code. Therefore they selected Tobin Cheuk of Morton Grove to
develop the online code platform, migrate the existing data from the Village's current online
provider., and regularly update and maintain the Code.
XI.
D. Trustee Pietron: (continued)
TRUSTEES' REPORTS (continued)
c. Trustee Pietron noted that their is a one -time implementation fee of $5,000 for the initial
development, and the subsequent annual hosting cost is $150. Maintaining regular updates
will be charged on a per- record basis. He moved to approve Resolution 13 -60, seconded by
Trustee Toth.
Lotion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aerie Tr. Pietron aye
Tr. Thill aye Tr. Toth nave Tr. Witko ave
E. Trustee Thill:
Trustee Thill presented Resolution 13 -59, Authorizing the Execution of a Contract With
Arrow Road Construction Company for the 2013 Street Patching Program.
a. He explained that the street patching program is necessary to maintain the quality, drainage, .
and drivability of the streets in the village. The current program includes constructing isolated
asphalt surface patches at various locations within the Village.
b. Trustee
Thill
said
that the
estimated contract value
is $90,000, but since this is
a unit price
contract,
the
final
contract
amount will be based on
the actual quantity of work
performed.
Trustee Thill moved to approve Resolution 13 -59. Trustee Toth seconded the motion.
Motion passed: 6 ayes, 0 nays.
Tr. Grear are Tr. Marcus aye Tr. Pietron acre
Tr. Thill are Tr. Toth aye Tr. Witi<o ave
z Trustee Thill welcomed Trustee Witko to the Board.
Trustee Toth:
Trustee Toth had no formal report, but stated she was excited to have Trustee Witko on the
Board and welcomed her.
XII. OTHER BUSINESS
Clerk Ramos also welcomed Trustee Witko and wished her well.
XIII. WARRANTS
Trustee Toth presented the Warrants for October 7, 2013, in the amount of $355,080.46.
She moved to approve the Warrants, seconded by Trusiee Thiel.
Motion passed: 6 ayes, 0 nays.
Tr. Grear ave Tr. Marcus ave Tr. Pietron ave
Tr. Thiel ave Tr. Toth ave Tr. Witko aye
XIV. RESIDENTS' COMMENTS
NONE
XV. 1- 1DJOURNMENT(EXECUTIVE SESSION
Trustee Toth moved to adjourn the Meeting. Trustee Thill seconded the motion.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thiel ave Ti. Toth ave Tr. Witko ave
The meeting adjourned at 7:52 p.m.
G,
...' :." A' *' U ntVEetl6Wctiobef7 ,=AAbaril;M�Bii,..`:
PASSED this 28th day of October, 2013.
Trustee
Grear
Trustee
Marcus
Trustee
Pietron
Trustee
Thill
Trustee
Toth
Trustee
Witko
APPROVED by me this 28th day of October, 2013.
Daniel P. DiMana, Village President
Board of Trustees, Morton Grove, Illinois
APPROVED a{id I FILED in my office this 29th day of October, 2013,
Edilberto Ramos,
Village
Clerk
Village of Morton
Grove,
Cook
County, Illinois
Minutes by: yemse Gousar
10
Village of Dorton grove
WHEREAS, the earliest documented Filipino presence in the continental United States was on October
181 1587, via the galleon ship Nuestra Senora de Esperanza; and
WHEREAS, the first Filipino settlement in Louisiana in 1763 set in motion the many contributions
Filipino- Americans have made towards the advancement of the United States in the fields of culture, society,
politics, economics, education, technology, and religion; and
WHEREAS, the Filipino American community is the second largest Asian American group in the United
States with a population estimated to be close to four million, and
WHEREAS, Filipino American servicemen and women have a long standing history in the United States
Armed Forces including approximately 250,000 Filipinos who fought under the United States flag during World
War IL and
WHEREAS, further efforts are needed to continue to promote the study and research of Filipino
American History in order to have an all inclusive United States history that reflec s an appreciation of fhe
richness of the Filipino ethnicity and legacy in our nation; and
WHEREAS, the celebration of Filipino American History Month in October of each year as denoted by
the U.S. Senate and Congress provides an opportunity to celebrate the heritage and culture of Filipino
Americans and their immense contributions, as well as an opportunity for all residents of the Village of Morton
Grove to learn more about Filipino Americans and their historic contributions to the growth and development of
the United States: and
NOW. THEREFORE, I, Daniel R DiMaria, Mayor of the Village of Morton Grove hereby proclaim
October 2013 as
FILIPINO AMERICAN ICAN HISTOR MONTH
in the Village in recognition of the contributions Filipino Americans have made and in celebration of all Filipino
Americans who call Morton Grove home.
In Witness Whereof I have hereunto set my hand and
caused the Village's seal to be afnxed on this
28 "' day of October 2013,
Daniel P. DiMaria, Mayor
Village of Morton Grove
Legislative Summary
Ordinance 13 -26
AMENDING TITLE 6, CHAPTER 1 AND 3, AND ADDING CHAPTERS 7 AND 8 To THE MUNICIPAL CODE
OF THE VILLAGE OF M ORTON GROVE
Introduced:
October 28, 2013
Objective:
It This ordinance amends Title 6, Chanters 1 and 3, and addinu Chapters 7 and
8 of the Municipal Code to update police department regulations.
Purpose:
To keep Titre 6 current and relevant.
Background:
Village staff constantly reviews the Village Code and makes
t recommendations to update provisions in order to keep the Code compliant
with contemporary statutes and relevant to the current operations and
j requirements within the Village. Title 6 of the Code contains Police
Department regulations. This ordinance will incorporate staff
recommendations to update chapters 1 and 3 and to add new chapters 7 and
8. The updates to Chapters I and 3 remove out -of -date regulations and
regulations which are covered elsewhere in Village ordinances or state
criminal statutes. A new Chapter 7 which prohibits the sale of items
designed or marketed for use with illcual cannabis o drugs. Also added is a
new Chapter 8 which prohibits the placement of graffiti on public or private
{ places, and requires the owner of a property where g affiti is placed to
eradicate said graffiti within ten days from its placement.
i
Programs, Departments
Police Department
or Groups Affected
l
Fiscal Impact:
r
No applicable.
Source of Funds:
Not applicable
Workload Impact:
� The implementation of this ordinance will be performed by the Police
Department as part of their normal duties
Administrator
Approval as presented.
Recommendation:
I
Second Reading:
It Required — Code Amendment — November 11, 2013
Special Considerations or
i
None
Requirements:
Respectfully submitted:
Prepared by:
`7 ` "/, Reviewed by: _
Ryat L>rtre-��fiH'age,Administrator Teresa Hoffman Liston, Corporation Counsel
cc
AN ORDINANCE
AMENDING TITLE
6, CHAPTERS 1; AND
I, AND ADDING CHAPTERS i
AND &
TO THE VILLAGE
OF MORTON GROVE
MUNICIPAL CODE
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois is a home
rule unit of government under the provisions of Article 7 of the constitution of the State of Illinois, can
exercise any power and perform any function pertaining to its governmental affairs, including but not
limited to the power to tax and incur debt; and
WHEREAS, the Village has a poliey of reguiarhy reviewing and revising its Municipal Code, as
necessary, to insure the provisions of the Code remain compliant with contemporary statutes and
relevant to the current operations and requirements within the Village; and
WHEREAS, Title 6 of the Village Code contains police department regulations which Village
staff has recommended be updated to add contemporary language and rearrange chapters for the
purposes of clarification and organization; and
WHEREAS, Village staff recommends Title 6 be. amended to require the proposed changes: and
WHEREAS, the Corporate Authorities deem it in the best interest of the Village to amend the
Village Code in accordance with staff recommendations.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
i I USTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY. ILLINOIS AS
FOLLOWS:
SECTION l: 'The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance as thougl, fully set forth therein thereby making the findings as hereinabove
set forth.
SECTION 2: Title 6 entitled POLICE REGULATIONS, Chapter 1 entitled OFFENSES is
hereby amended to read as follows:
CHAPTER]
OFFENSES
SECTION:
6-1-1: Offenses Against the Person
6 -1 -2: Offenses Against Property
6 -1 -3: Offenses Against Public Peace
6 -1 -4: Offenses Against Public Morals and Behavior
6 -1 -5: Penalty
6 -1 -L OFFENSES AGAINST THE PERSON:
A. Assault and or &atiery: Whoever shall commit an assault, or battery upon the person of another.
shall be guilty of an affray within the limits of the Village. (1969 Code § 130.001 )
B. Throwing Objects: No person shall purposely or heedlessly cast or throw any objects from or
into any public place, or at any building or person within the Village intentionally, recklessly, or
negligently.
C:. 1Jse of Weapons: No person shall fire, discharge, set off or use within the limits of the Village
any device which a projectile is discharged or hurled unless otherwise licensed. Generally, tools
are exempt devices unless the tools use is intentional, reckless, or negligent. (1969 Code §
130.015 j
D. Weapon Sales: No person shall have in his possession to sell, give or loan, hire or barter, or offer
to sell, give, loan, hire or barter to any person within the Village unless otherwise licensed. No
weapons may be sold to any minor within the corporate limits of the Village.
E. Turning Hose or Hydrant on Person or Property: No person shall willfully turn a stream of water
from any hose or hydrant upon any person, or upon any private premises, not being the occupant
thereof runless to water stream is used as a tactical emergency deployment by emergency
personnel.
6 -1 -2: OFFENSES AGAINST PROPERTY:
A. Damage to Property: No person shall willfully, maliciously, recklessly, or negligently break,
deface; injure, damage, cut, dig, remove or destroy any public or private property without the
consent of the owner, agent, or occupant thereof.
P. Trespass: Without constituting any limitation on the provisions for trespass, it shall be unlawful
for any person, or any charitable, community or religious organization, to:
Enter upon the premises, or any part thereof, or another_ including any public property, in
violation of a notice posted or exhibited at the main entrance to said premises or at any
point of approach or entry, or in violation of any notice, warning or protest given orally or
in writing, by any owner or occupant thereof, or
2. Pursue a course of conduct or action incidental to the malting of any entry upon the land
of another in violation of a notice posted or exhibited at the main entrance to said
premises or at any point of approach or entry, w in violation of any notice, warning or
protest given orally or in writing by any owner or occupant thereof; or
Fail or refuse to depart from the premises of another in case of being requested. either
orally or in writing, to leave by any owner or occupant thereon: or
Enter into or upon any vehicle, aircraft or watercraft made without the consent of the
person having the right to the possession or control thereof, or a failure or refusal to leave
any such vehicle, aircraft or watercraft after being requested to leave any such vehicle,
aircraft or watercraft by the person having such right.
C. Tampering with Cornerstone or Stake: No person shall willfully or heedlessly, change, remove or
destroy any stone, stake or post set or placed to mark the corner of any lot or parcel of ground, or
street or alley, or to show the grade of any street, alley or sidewalk of the village.
D- Tampering with Fire Hydrant: No person shall willfully or intentionally open any fire hydrant
without proper authorization to do so.
E. Meter Tampering: No person shall unlawfully tamper with, alter or change any public or private
gas pipe, water pipe, gas meter, water meter or other meter, or the register thereof.
Trespassing on Grass, Lawn, or Flowers: No person shall willfully, negligently or heedlessly
walls upon or across, or ride or drive any animal or vehicle upon or across any lawn, grass plot or
flowerbed in or upon any of the streets, avenues, parks or public places of the village; or who
shall walk upon or across any private lawn, grass plot or flowerbed without the consent of the
owner or occupant thereof.
G. Possession Of Burglary Tools: It shall be unlawful for any person to have in his possession any
nippers of the description known as burglar's nippers, or any picklock, skeleton key, key to be
used with a bit or bits, jimmy or any other burglar's instr unent or tool of whatsoever kind or
description, unless it be shown that such possession is innocent or for a lawful purpose.
H. Theft: Shall be defined as follows:
Unlawful removing, concealing, taking away, or maintaining unauthorized possession of
any property belonging to another without the permission of the legal and rightful owner
or controller of said property; or
The non compensation of any person, entity, or corporation for services rendered in
performance of any legal trade, utility, or service as allowed by the. state of Illinois and
the village of Morton Grove; or
The unlawful possession, taking away, carrying away, concealing, or transferring of anv
merchandise displayed, held, stored, or offered for sale in a retail mercantile
establishment with the intention of depriving the person, entity, or corporation
permanently of the possession, use, or benefit of such merchandise without paying the
full retail value of such merchandise, where the value of such property, service or
merchandise is Tess than one hundred fifty dollars ($150.06); and values; at less than one
hundred fifty dollars ($150.00).
6 -1 -3: OFFENSES AGAINST PUBLIC PEACE:
A. False Alarm to Police or Fire Station: No person shall negligently, maliciously or willfully give
any false alarm, to any police or fire station.
B. It shall be unlawful for any person to meddle or interfere with any emergency alarm for a
purpose oilier than reporting an emergency matter to the police or fire department.
C. It shall be unlawful for any person to meddle or interfere with any emergency worker (police.
I public works, or building department) who is attempting to conduct official duties within the
corporate limits of the village.
D. impersonating a Village Officer: No person shall falsely represent himself to bean officer of ties
village or without being duly authorized by the village shall exercise or attempt to exercise any
of the duties, functions or powers of a village officer.
E. Disorderly Conduct: A person commits disorderly conduct when he knowingly;
Does any act in such unreasonable manner as to provoke, make or aid in making a breach
of peace; or
2. Does or makes any unreasonable or offensive act, utterance, gesture or display which,
under the circumstances, creates a clear and present danger of a breach of peace or
imminent threat of violence: or
Goes about begging or soliciting funds on the public ways; or
Appears in any public place manifestly under the influence of alcohol, narcotics or other
drug, not therapeutically administered, to the degree that he may endanger other persons
or property, or annoy persons in his vicinity: or
5. Challenge to Fight; Offensive Language: No person shall challenge another to fight, or
shall threaten or traduce another, or shall use any profane, obscene or offensive language,
or shall indulge in any conduct toward another creating a clear and present danger of a
breach of the peace or imminent threat of violence; or
6. Aiding In Breach Of The Peace: No person shall make, aid. continence or assist in
making any improper noise, riot. breach of the peace or diversion tending to a breach of
the peace, and no persons shall collect in bodies or crowds for unlawful purposes, or for
any purpose to the annoyance or disturbance of citizens or travelers so as to create a clear
and present danger of a breach of the peace or an imminent threat of violence; or.
Congregating On Street Corners: Blocking Passage: No person shall remain about or
upon any stairway, doorway, window, or in front of any business or dwelling house,
theater, lecture room church, street corner or elsewhere, and by so doing obstruct or
interfere with the free passage of persons entering or occupying such building or
premises, or by language, conversation or conduct create a clear and present danger of a
breach of the peace or imminent threat of violence; or
8. Obstruction of Street: No person shall engage in any game, sport or amusement, or
exh bit any machine, show or animal, or indulge in any acrobatic feats, or do anything
else in the streets or upon the sidewalks which shall collect any crowd of persons so as to
interfere with the passage of vehicles or persons along the streets or sidewalks; or
9. Occupation Of Streets Without Authority: No person shall make use of any street or alley
in the village of Morton Grove for the purpose of erecting or maintaining any post or
pole, or for stringing any telephone or elec ric wire therein, or for stringing, laying or
maintaining any wire, pipe or main for the conveyance of electricity, gas, water or steam
for commercial purposes, or for laying or maintaining any railroad track or for the
running of any car therein or thereupon, without the consent or license of the village of
Morton Grove, according to law, when by law such consent or license is required. When
any person, firm or corporation has had such consent or license, it shall be unlawful for
any person, firm or corporation to make use of any street or alley in said village for any
of the purposes aforesaid after such consent of license has expired by limitation,
operation of law, or otherwise, (Ord. 85 -1, I -25 -1485)
F. Assemblage: It shall be a violation of assemblage when a person:
1. Disturbina Lawful Assemblage: No person in the village shall disturb or disquiet any
lawful assemblage or association of people by any rude or indecent behavior, or
disorderly conduct: or
2. Unlawful Assemblage: No two (2) or more persons shall assemble in said village for any
unlawful purpose, or being assembled, shall act in concert to do any, unlawful act with
force and violence against the property of the village, or the person or property of
another, or against the peace or to the terror of the citizens or other persons in said
village, or shall make any movement of preparation therefore; or
3. Permitting IInlawfui Assemblage on Premises: No person shall knowingly, suffer or
permit any assemblage for the purpose of committing any unlawful act or breach of the
peace, or any riotous, or disorderly conduct, in or upon premises owned or occupied by
him, or under his control; within the village; or
4. Pickets or demonstrates on a public way within one hundred fifty feet (150') of any
primary or secondary school building while the school is in session and one -half (1/)
hour before the school is in session and one -half ( /c) hour after the school session has
been concluded, provided that this subsection does not prohibit the peaceful picketing of
any school involved in a labor dispute; or
D. Pickets or demonstrates on a public way within one hundred fifty feet (150`) of any
church, temple, synagogue or other place of worship while services are being conducted
and one -half (i 1'2) hour before services are to be conducted and one -half (/c) hour after
services have been concluded, provided that this subsection does not prohibit the peaceful
picketing of any church. temple, synagogue or other place of worship involved in a labor
dispute; or
6. Disturbing Religious Worship: Any person who shall within the limits of the village
disquiet or disturb any congregation or assembly met for any lawful purpose, religious or
otherwise, by making a noise, or by any rude, indecent behavior, or profane discourse or
disorderly conduct, within their place of meeting, or so near the same as to disturb the
order or solemnity of the meeting, shall be deemed guilty of a misdemeanor; or
Refuses or fails to cease and desist any peaceful conduct or activity likely to produce a
I reach of peace where the is an imminent threat of violence, and where the police have
made all reasonable efforts to protect the otherwise peaceful conduct and activity, mid
have requested that said conduct and activity be stopped and explained the request if
there be time: or
8. Fails to obey a lawful order of dispersal by a person known by him to be a peace officer
under circumstances where three (3) or more persons are committing acts of disorderly
conduct in the immediate vicinity.. which acts are likely to cause substantial harm or
serious inconvenience, annoyance or alarm.
6 -1 -4: OFFENSES AGAINST PUBLIC MORALS AND BEHAVIOR:
A. Indecent
Writing in a Public
Place:
No person shall in any public place open to public view
within the
village, write, draw'
cut,
make or exhibit any lewd or indecent word, sentence, design
or figure.
(1969 Code § 133.040)
B. Indecent F,xposure: No person shall make any indecent exposure of his or her person, or shall
appear in any public place, or in any place exposed to public view, in any indecent or lewd dress
or in a state of nudity, or shall be guilty of any other immoral, indecent or Iewd act. (Ord. 73 -45,
11 -12 -1973)
C. Obscenity.
Definitions as used in this subsection:
DISTRIBUTE To transfer possession o£ whether with or without consideration.
EXHIBIT To show or display, offer or present for inspection or produce in
public so that it may betaken into possession or viewed.
1,�vOWI'VGLY Having general knowledge of, or reason to know, or a belief or
.around for, a belief which warrants further inspection or inquiry o'£
the character and consent of any material described herein which is
reasonably susceptible of examination.
MINOR Any person under the age of eighteen (18) years.
NUDITY The showing of the human male or female genitals, pubic areas or
buttocks, or female breast with less than a fully opaque covering o°
any portion thereof below the top of the nipple.
OBSCENE Quality of any description or representation, in whatever form, of
nudity, sexual excitement, or sexual conduct which, when taken as
a whole and when applying contemporary standards for tne. adult
community:
a. Appeals to the prurient interest of the average individual;
b. Is patently offensive; and
C. Is lacking in serious literary, artistic, political, educational
or scientific value.
PERSON An individual, firm, association or corporation.
SEXUAL Acts of masturbation, homosexuality, sexual intercourse,
CONDUCT excretion or lewd exhibition of the senitals.
Prohibited Acts: It shall be unlawful for any person knowingly to sell, loan for monetary
consideration, distribute, or exhibit to a minor:
a. Any picture, photograph, drawing, sculpture, motion picture, stage play or similar
visual representation or image of a person or portion of the human body which
depicts nudity, sexual conduct or sexual excitement considered obscene under the
provisions of this chapter, or
b. Any book, ,pamphlet, magazine, printed matter (however produced), or sound
recording which contains any matter enumerated in the preceding paragraph of
this subsection, or explicit and detailed verbal descriptions or narrative accounts
of nudity, sexual conduct or sexual excitement which, when taken as a whole, is
considered obscene under the provisions of this chapter.
It shall be unlawful for any person to knowingly exhibit for a monetary
consideration a motion picture, stage play or other presentation which, in whole or
to part, depicts nudity, sexual conduct or sexual excitement and which. when
taken as a whole, is considered obscene under the provisions of this chapter.
Nothing
in this
subsection
shall prohibit any public library or other
public, facility
operated
by an
accredited
institution of education from circulating
material
considered obscene under the provisions of this chapter to any minor provided
such circulation is in aid of a scientific, literary, artistic or educational purpose.
Nothing in this subsection shall prohibit any parent nom dissibuting to his child
any material considered obscene under the provisions of this chapter.
It shall be unlawful for any person to employ any minor for the purpose of selling,
loaning for monetary consideration, distribution or exhibition of any material
considered obscene under the provisions of this chapter.
Defenses: It shall be an affirmative defense to a prosecution brought for violation of this
subsection that the sale, loan, distribution, exhibition or participation in any act
prohibited by this subsection:
a. Was not for monetary consideration and was made to consenting friends and
acquaintances other than minors or to other members of the defendant's fami?y.
I
. Was to or by institutions or individuals in the furtherance of scientific, literary,
artistic or educational purposes. (Ord. 73 -45, 11-12-19 7 1)
D. Littering: No person shall throw, cast, lay, or place any biodegradable or non - biodegradable
debris on any sidewalk, street, parkway, or prohibitive private, property within the village.
Generally. incide ntal biodegradable yard waste is exempt so long as it is a reasonably mine? -
amount.
E. Expectoration Prohibited: No person within the corporate limits of the village shall spit or
expectorate upon, against, or in any public or private 'building or any approach or entrance
thereto against the consent of the owner, agent or occupant thereof, nor in or about the doorway.
stairway or approach to any public. or private place; nor upon, against, or in any vehicle; nor
upon or against any public or private walk or way for foot passage. Generally, expectorant
resulting from illness or the use of smokeless tobacco is exempt provided the expectorant is
contained and disposed of in a reasonable manner.
Cleansing Garment in Street: No dryer or scourer or any other person shalt wash, rinse or cleanse
or cause or proctue to be washed, rinsed or cleansed, any cloth, yarn or garment in any street or
public place in the village. (1969 Code § 130.050)
G. Dog And Cockfighting: No person shall within the village keep or use, or be in any wa y
connected with the management, either as an employee or in any other capacity, of any place
kept or used for the fighting or baiting of any dog, cock or other animal, or shall permit such
place to be kept or used on premises owned, rented or controlled by him, or shall frequent or be
found therein for the purpose of witnessing such fighting or baiting. (1969 Code § 133.060)
H. Slaughterhouse Prohibited: The operating or conducting of any slaughterhouse or place in which
it is the practice to slaughter animals in the village, is hereby declared a nuisance, and no person
or persons shall conduct or operate or suffer such slaughterhouse or place to be conducted or
operated.
L Railway Prohibition: No person shall play upon or about any railroad track, depot, locomotive or
car within said village; or climb upon or jump from any car or train of cars, or from one car to
another, while the same may be in motion. (Ord. 85 -1, 1 -25 -1985)
7. Climbing on Motor Vehicle in Motion: No person shall climb upon or into any automobile, or
other vehicle while the same may be in motion, or attach his sled or cart to any such vehicle,
without the consent of the driver thereof.
K. Excavation Barricades In Streets: No person in said village shall dig, make or cause to be dug or
made any hole, pit, ditch, vault or other excavation in or upon any street, lane, avenue, alley,
sidewalk or other public place, or who shall dig, make or cause to be dug or make any excavation
upon any lot adjoining or bounded by any street, lane, avenue, alley, public place or sidewalk,
and not during the night cause the same to be fenced in with a substantial fence at least three feet
(3') high, the boards or rails of which shall not be more than one foot (1') apart, and who shall
fail to place sufficient red lights in conspicuous places in front of said fence.
6 -1 -5: PENALT1.1 Any person violating any of the provisions of this chapter shall be
fined in accordance with Title 1, Chapter 4 erf this Code. (Ord. 08 -22, 5 -12 -2008)
SECTION 3: Title 6 entitled POLICE REGULATIONS, Chapter 3 entitled MINORS, Section 3
entitled ,PARENTAL RESPONSIBILITY is hereby amended to read as follows:
6 -3 -3: PARENTAL RESPONSIBILITY:
A. Definitions:
LEGAL GUARDIAN Includes a person appointed guardian or given custody of a minor by a
circuit court, of this state, but does not include a person appointed
guardian_, or given custody of a minor under the Illinois juvenile court act.
MINOR Includes a person who has attained the age of eleven (1 I) but has not yet
reached nineteen (19) years of age excluding an emancipated minor.
PERSON Includes any individual, firm. partnership, association, corporation,
company or organization of any kind.
PROPERTY Includes any real estate, including improvements thereon, and any tangible
personal property.
B. Actions Prohibited:
Any Violations represented in 6 -1 -2 (A) Damage to Property
Any Violations represented in 6 -1 -2 (B) Trespass
Any Violations represented in 6 -8-2 Grafitti
C. Penalty: Every person found guilty of an offense under this section shall be subject to the
following penalties:
Fine: A fine in accordance with Title 1, Chapter 4 of this code for each separate offense;
2. Conditional Discharge: A period of conditional discharge not to exceed one year.
a. The conditions of a conditional discharge shall include that the defendant:
(i) Not violate any criminal statute or quasi - criminal ordinance of any
jurisdiction; and
(2) Report to and appear in person before such person or agency as directed
by the court,.
b. The conditions of conditional discharge may, in addition, require that the
defendant:
(1) Pay a fine in accordance with Title I. Chapter 4 of this code.
(2) Work or pursue a course of study or vocational training;
(3) Undergo medical or psychiatric treatment, or treatment for drug addiction
or alcoholism;
(4) Make restitution or reparation in an amount not to exceed actual loss or
damage to property and pecuniary loss; and
�) 1 1 a minor, to reside with his parent or in a foster home; attend school;
attend a nonresidential program for youth; or contribute to his own support
at Home or in a foster home.
a When a court orders restitution or reparation as a condition or a conditional
discharge; the court shall determine the amount and conditions of payment, When
the conditions of payment have not been satisfied, the court at any time prior to
the expiration or termination of the period or conditional discharge may impose
an additional period of not more than two (2) years. Only the conditions of
payment, shall continue to apply during such additional period. The court shall
retain all of the incidents of the original sentence, including the authority to
modify or enlarge the original conditions and to revoke the penalty of conditional
discharge if the conditions of payment are violated during such additional period.
d. When a petition is filed charging a violation of a condition imposed for
conditional discharge, the court:
(1) May order a summons to the offender to appear; o r order a warrant for the
offender's arrest where there is danger of his fleeing the jurisdiction or
causing serious harm to others or when the offender fails to answer a
summons.
The issuance of such warrant or summons shall stay the sentence of
conditional discharge until the final determination of the charge, the term
conditional discharge shall not run so long as the offender has not
answered the summons or warrant.
(2) Shall
conduct a
hearing
of the alleged violation.
The court may, admit the
offender
to bail
pending
the hearing.
(3} Shall receive evidence in open court with the right of confrontation, cross
examination and representation by counsel. The village has the burden of
going forward with the evidence and proving the violation b_v the
preponderance of the evidence.
(4) Shall not revoke a conditional discharge for 'failure to comply with
conditions of a sentence which imposes financial obligations upon the
offender unless such failure is due to his willful refusal to pay.
5} May modi'Py the conditions of a conditional discharge on motion of the
village or on its own motion or at the request of the offender after notice to
the defendant and a hearing.
e. If the court ands that the offender has violated a condition at any time prior to the
expiration or termination of the period, it may continue him on the existing
period, with or without modirying or enlarging the conditions or may impose any
other penalty that was available at the time of fine initial penalty.
A judgment revoking probation or conditional discharge is a final appealable
order.
Liability ofParent or Legal Guardian of Minor Offender:
a. The parent or legal Guardian of a minor defendant who resides with such parent or legal
guardian shall be liable for any fine or condition of restitution or reparation imposed by a
court upon a minor for violation of this ordinance, provided said minor has not paid said
fine or made restitution or reparation within the time ordered by the court, and further
provided said parent or legal guardian has been served with summons or notice to appear
in the original cause as provided by law.
b. The parent or Legal guardian of a minor defendant who resides with such parent or Iegal
guardian shall be a necessary party to any proceeding under this ordinance. (Ord. 08 -21.
5 -12 -2008)
SECTION 4: Title 6 entitled POLICE REGULATIONS, Chapter 7 entitled ITEMS
DESIGNATED OR MARKETED FOR USE WITH ILLEGAL CANNABIS OR DRUGS is hereby
added to read as follows:
CHAPTER 7
ITEMS DESIGNED OR MARKETED FOR USE
WITH ILLEGAL CANNABIS OR DRUGS
SECT10IN:
6 -7 -1: Items Designed or Marketed for Use with Illegal Cannabis or Drugs
6 -7 -I: ITEMS DESIGNED OR MARKETED FOR USE WITH ILLEGAL CANNABIS
OR DRUGS:
A. License Required: It shall be unlawful for any person or persons as principal, cleric, anent or
servant to sell any items, effect, paraphernalia, accessory or thing which is designed or marketed
for use with illegal cannabis or drugs, as defined by Illinois Compiled Statutes, without obtaining
a license there for. Such licenses shall be in addition to any or all other licenses held by
applicant.
B. Application: Application to sell any item, effect.
designed or marketed for use with illegal ca nab
requirements of this village, be accompanied by
employee authorized to sell such items that such
related offense.
paraphernalia, accessory or thing which is
is or drugs sha1L in addition to any other
affidavits by applicant and each and every
person has never been convicted of a drug
C. Minors: It shall be unlawful to sell or give items as described in subsection A of this section in
any form to any male or female child under eighteen (18) years of age.
D. Records: rvei), licensee must keep a record of every item, effect, paraphernalia, accessory or
thing which is designed or marketed for use with illegal cannabis or drugs which is sold and this
record shall be open to the inspection of any peace officer or code enforcement officer at any
time during the hours of business. Such record shall contain the name and address of the
purchaser, the name and quantity of the product, the date and time of the sale, said the lieensee or
agent of the licensee's signrature, such records shall be retained for not less than two (2) years.
E. Regulations: The applicant shall comply with all applicable regulations of the police department.
F. Penalty: In addition to any other penalties contained in this code for violation of this Section,
conviction of a violation of the section by any, person, firm or corporation holding a business
license in the village or by any agent or employee of such license holder, shall result in the
revocation of such business license and shall be deemed cause for failure of the village to renew
said business license. (Ord. 82 -10. 3 -22 -1982)
SECTION 5: Title 6 entitled POLICE REGULATIONS, Chapter 8 entitled GRAFFITI is hereby
added to read as follows:
CHAPTER 8
GR.AFITTI
SECTION:
6 -8 -1: Definitions
6 -8 -2: Unlawful Placement
6 -8 -3: Graffiti ,Removal
6 -8 -4: Penalty
6 -8-1: DEFINITIONS:
GRAFFITI Any and every name, identification description, announcement, declaration,
I
emonstration. display. illustration or insignia, any symbol (including any letter, word._
numeral emblem or combination thereof), other than advertising which is otherwise
provided for by village ordinance, which without authorization is marked, written, drawn_
painted, scratched, inscribed or affixed directly to or upon any object or structure.
6 -8 -2: UNLAWFUL PLACEMENT: It shall be unlawful for any person to place
graffiti upon any public or private curbstone, flagstone, or any portion or any part of any
sidewalk or street or upon any tree, lamppost, utility pole, postal mail receptacle, sign, hydrant, gate,
fence, door, wall, window, garage, enclosure, vehicle, bridge, ot° -any other public or private structure,
building, or property.
6 -8 -3: GRAFFITI REMOVAL:
A. Responsibility To Eradicate: It shall be unlawful for
the owner,
manager
or person in control of
the real property on which is located any structure or
object on
which any
graffiti is placed to fail
to remove, cover or otherwise eradicate such graffiti
within ten
(10) days
from its placement on
the property,
B. Notice To Eradicate: In the event the owner, manager or person in control of said property fails
to remove, cover or otherwise eradicate the graffiti within such time, the building commissioner
shall cause notice to be served, either by personal service on the owner or his agent or mailed by
certified mail to the person to whom was sent the tax bill for the general taxes for the last
preceding year, which notice shall state a date, no less than ten (10) days later than the date of
personal service or mailing, after which the village of Morton Grove will invoice the remedies
provided in this subsection.
C. Village To Eradicate: In addition to any fine or penalty which may be imposed, if the owner fails
to remove, cover or otherwise eradicate the graffiti by the date stated in the notice, or such later
date as the building commissioner may allow in the reasonable exercise of his discretion. the
village may enter upon the. property and remove such graffiti, by the use of its employees,
contractors or other persons, and the cost of removal_ may be collected from the owner of the
property.
D. Cost of Removal: The cost of removal shall be paid within forty five (45) days from date of
billing. Upon failure to pay within the specified time, the director of finance shall file with the
county recorder of deeds, a statement of lien claim. This statement shall contain the legal
description of the premises served, the amount of the unpaid bill and a notice that the village
claims alien for this amount.
E. Notice of Lien: The failure of the director of finance to record such lien claim or to mail such
notice or the failure of the owner to receive such notice shall not affect the right to foreclose the
Tien for unpaid bills as mentioned herein.
F. Foreclosure of Lien: property subject to a lien for
unpaid removal charges shall be
sold for
nonpayment of the
same. and the proceeds of such
sale shall be supplied to pay the
charges, after
deducting costs, as
is the case in the foreclosure of
sfatutory liens. Such foreclosure
shall be by
bill in equity in the
name of the village.
The village attorney is hereby authorized and directed to institute such proceedings, in the name
of the village, in any court having jurisdiction over such matters, against any property for which
the bill for removal has remained unpaid forty five (45) days after it has been rendered,
G. Owner, Recovery of Costs: The village's exercise of the remedies provided in this subsection
shall not prevent the owner from recovering, through civil suit or otherwise, the cost of removal
or other reparation from the person or persons responsible for placing the graffiti on his property.
6 -8 -4: PENALTY: Any person violating any of the provisions ofthis chapter shall be
fined in accordance with Title 1, Chapter 4 of this Code.
SE;CI'ION 6: the terms and conditions of this ordinance shall be severable and if any section,
term, provision, or condition is found to be invalid or unenforceable by any reason by a court of
competent jurisdiction, the remaining sections, terms, provisions, and conditions shall remain in full
force and effect.
SECTION 7: In the event this ordinance or any Code amendment herein is in conflict with any
statute, ordinance, or resolution or pars thereof, the amendments in this ordinance shall be controlling
and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict.
Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village
Code are hereby restated, readopted, and shall remain in full force and effect.
SECTION 8: This Ordinance shall be in full force and effect from and after its passage, approval
and publication in pamphlet form according to law.
PASSED THIS day of November 2013.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Marcus
Pietron
Thill
Toth
Wiilco
APPROVED by me this __ day of November 2013.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and PILED in my office
This day of November 2013.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Ordinance 13 -17
AMENDING TITLE 1, CHAPTERS I THROUGH 10M OF THE VILLAGE OF MORTON GROVE
MUNICIPAL CORE
Introduced:
Synopsis:
Purpose:
Background:
October 28. 201;
This ordinance is a complete reorganization and rewrite of Title I, of the Village's Municipal
Code which governs administration, finance. and taxation matter. .
To keep Title 1 current and relevant and to help residents and interested parties find information
and requirements, update the Village's purchasing requirements, modernize the powers and
authorities of the Village's senior staff (Department Directors), streamline and unify the process
for reporting and collecting Village taxes, and compile all Village taxes under the same Title of
ffie Code.
This proposed ordinance constitutes a major reformatting and rewriting of tile Village's
Administrative Chapters. Significant -changes to Title I include the following:
® Chapter 5 (Village Board of Trustees) The Agenda section has been rewritten to allow
Village Board meetings to begin at 6:00 pm in the event the Village President determines an
Executive Session may be necessary. The time set aside between 6:00 pm and 7:00 pm shall
be exclusively for executive sessions. All other matter will be considered beginning at 7:00
pm.
1 -5 -10 (Appointment of Trustees to fill a vacancy) has been clarified to conform to state
statutes.
r Chapter 8 (Village Employees) has undergone a complete rewrite. The Village
Administrator will be authorized to maintain a Personnel Policy Manual which sets forth
personnel procedures, policies, and certain rights and obligations of employees. The current
code sections on personnel policies were outdated, not in conformance with certain state and
federal laws, and in some cases contradicted the Village's Personnel Policy Manual.
Chapter 8A (Department Directors) has been reformatted and restructured to set forth the
appointment and authorities of Department Directors_ Previously, each Department
Director's appointment and powers were addressed in separate Articles which, at times,
were inconsistent.
a Chapter8A -2A was changed to eliminate the residency requirement so long as the Village
Administrator lives within fifteen miles of the, Village.
The position of the Director of Family and Senior Services was eliminated
Title 8A also provides that in the event a Department Director is absent or unable to
continue his /her duties, the Village Administrator may delegate or distribute those duties
and authorities.
Chapter 9, (Municipal Finances), was updated and reorganized to be consistent with state
statutes. Board authorization will now be required for purchases in excess of $20,000 (prior
Village ordinance and state statute before 2006 required purchases over $10,000 to be
approved by the Village Board). Raising this limit will make the Village's procedures
consistent with other municipalities and will streamline certain purchasing processes.
Chapter 9 was also updated to include a Conflict of Interest section which prohibits
employees from directly or indirectly participating in a purchase or bidding process if he /she
or a member of his /her immediate family stands to obtain a financial benefit from the
bidding process.
ti The exceptions to the Village's bidding process have been clarified to update the definition
of sole source vendor and to exempt purchases funded through Motor Fuel Tax dollars, and
state or federal funds (state and federal processes will supersede the Villages process in
these events).
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin
Recommendation:
Second Reading:
Special
Considerations or
Requirements:
A section was added to provide a process for bid protests and to require performance bonds
for public works of any kind costing over $5,000.
B The sections defining the determinations of the lowest responsible bidder were modified to
give a preference to local businesses whose bids are within 5% or $i 5,000 (whichever is
lower).
N A new section was written to codify the Villaue's past practice for the sale of surplus
property and to establish processes for the purchase or sale of real estate.
B Chapter 10 has been completely rewritten to implement a uniform system of procedures for
the reporting and collection of Village taxes, and to update s
the section on taxpayer right
and responsibilities.
k The municipal electric tax was updated to calculate the tax based on current state statutes. it
is anticipated this modification will result in increased revenue to the Village of
approximately $40,000 and will have minimal impactors local residents and businesses.
All Village Department
Not applicable
Not applicable
The implementation of this ordinance will be performed by the Administration, Legal and
Legislative Department as part of their normal work activities.
Approval as presented
Required — Code Amendment — November 1 i, 2013
None
Respeetfully submitted
:
Ryf n .L V ,4orne, Ilag Administrator
Prepared by:
Teresa Hoffman Liston, Corporation Counsel
TITLE
ADAIINIS'FRATIN7E
Subject
Chapter
Official Municipal Code
avings Clause
Intent and Construction
_
3
Penalties
4
Village Board of Trustees
Village President
6
Village Clerk
7
Village Officers and Employees
8
Village Department Directors
8A
Municipal Finances
9
Purchasing Procedures
9A
Purchase and Sale of Surplus and Real Property
9B
Funds
9C
Municipal Budget
9D
Taxation
10
Local Imposed and Administered Tax Rights and Responsibilities
10A
Real Estate Transfer Tax
I OB
Simplified Telecommunication Tax
IOC
Municipal Electric. Tax
10D
Municipal Gas Use Tax
I OE
Amusement Tax
10F
Business Occupation Taxes
10G
Hotel/Motel Tax
10H
Automobile Renting Taxes
10I
Local Motor Fuel Tax
10i
Municipal Prepared Food and Beverage Tax
I OK
Self- Storage Facility Accommodations Tax
I OL
Foreign Fire Insurance Companies
I OM
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SECTION 3: the terms and conditions of this ordinance shall be severable and if any section,,
term, provision, or condition is found to be invalid or unenfor eeabie by any reason by a court of
competent jurisdiction, the remaining sections, terms, provisions, and conditions shall remain in full
force and effect.
SECTION 4: In the event this ordinance or any Code amendment herein is in conflict with any
statute, ordinance, or resolution or pact thereof, the amendments in this ordinance shall be controlling
and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict,
Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village
Code are hereby restated, readopted, and shall remain in full force and effect.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED THIS day of November 2013.
Trustee Grear
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
Trustee Witko
APPROVED by me this day of November 2013.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This day of November 2013.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois