O-24-01VILLAGE OF DEERFIELD
ORDINANCE NO. 2024 0-24-01
AN ORDINANCE AMENDING CHAPTER 22 OF "THE MUNICIPAL CODE OF THE
VILLAGE OF DEERFIELD, ILLINOIS, 1975," AS AMENDED,
REGARDING UNSCHEDULED BUS STOPS
WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant
to the provisions of Article VII, Section 6 of the Illinois Constitution; and
WHEREAS, the Village has the authority to adopt ordinances and to promulgate
rules and regulations that pertain to its government and affairs; and
WHEREAS, pursuant to Section 11-1-1 of the Illinois Municipal Code, 65 ILCS 5/11-
1-1, municipalities are granted the authority to pass and enforce all necessary police
ordinances; and
WHEREAS, pursuant to Section 11-42-6 of the Illinois Municipal Code, 65 ILCS 5/11-
42-6, municipalities have the authority to license, tax and regulate operators of buses using
Village streets; and
WHEREAS, pursuant to Section 11-60-2 of the Illinois Municipal Code, 65 ILCS 5/11-
60-2, municipalities have the authority to define, prevent, and abate nuisances; and
WHEREAS, pursuant to Section 1-2-1.1 of the Illinois Municipal Coe, 65 ILCS 5/1-2-
1.1, municipalities have the authority to regulate any matter expressly within their
authorized powers, or incidental thereto, making violations thereof misdemeanors; and
WHEREAS, the Village President and Board of Trustees find and determine that the
unscheduled, unannounced, one-way routing and dropping off of passengers arriving in the
Village from outside the Village's corporate boundaries, without pre -arranged provisions
such as food, shelter, or other resources by bus or other transportation providers
("Unscheduled Stops', constitutes inhumane conditions, creates a dangerous condition for
the individuals being dropped off in the Village, and otherwise creates a nuisance and a public
safety concern; and
WHEREAS, the President and Board of Trustees further find and determine that
Unscheduled Stops, without pre -arranged provisions for passengers, may have harmful
consequences when the weather conditions are adverse; and
WHEREAS, the President and Board of Trustees further find and determine that the
health and safety of the passengers disembarking at Unscheduled Stops in the Village is
jeopardized when there are no prior arrangements for housing, food, shelter, and other
resources; and
WHEREAS, Unscheduled Stops, without advance notice to prepare for passenger
arrivals, create a drain on the Village's resources and operations, including, without
limitation, the Village's Police Department; and
WHEREAS, the Village President and Board of Trustees desire to amend Chapter 22
of the Deerfield Municipal Code, as amended ("Village Code'), and to do so urgently, to
regulate Unscheduled Stops from buses and other transportation providers; and
WHEREAS, the Village Board of Trustees has determined that amending the
provisions of the Village Code as set forth in this Ordinance and pursuant to the Village's
home rule authority is in the best interests of the Village;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Ordinance as findings of the Village Board.
SECTION TWO: AMENDMENT TO CHAPTER 22 OF THE VILLAGE
CODE. Chapter 22, titled "Vehicles and Traffic," of the Village Code is hereby amended to
add a new Article 22 which shall be read as follows:
"Article 22 Unschedul t
Sec. 22-171. Definitions:
For the purposes of this Article the following words or phrases have
the meanings ascribed to them in this Section 22-171, except when the
context otherwise indicates, All words or phrases not defined in this
Section have the meanings ascribed teem in the Illinois Vehicle
Code, 625 ILCS 5/1-100 et sea.
Intercity Bus: Any bus used for the one-way transportation of 10 or
more passengers originating from a location outside of the Village
that is not a regularly scheduled service.
Regularly Scheduled Service: Bus service involving passengers
is!ombarking in the Village on a predictable and recurring basis
following a schedule that is published in advance and available to the
general public, and provides service in exchange for paving a fare.
Unscheduled Stop: The stopping or standing of an intercity bus within
Willa a for the Purnose of unloadingr the disem arkin of
passengers without prior approval of the Village as required by
Section 22-172 of the Vill2or_ ode.
Section 22-172. Intercity Bus Stops:
l(a Prohibited Unscheduled bus stops of intercity buses are
declared to be a nuisance and are prohibited in the Village
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b Intercity buses may stop to allow passengers to disembark in
the Village only if they comply with all of the following
conditions and restrictions:
W1 Permitted Hours.
A Intercity buses may only stop or stand to allow
passengers to disembark within the Village
between the hours of 8:00 a.m. and 5:00 p.m..
Monday through Friday, but not on any federal,
state, or Village holidays:
BM No intercity bus may allow passengers to
disembark except within 30 minutes before or aft
the time designated in an application that has been
approved pursuant to Section 22-172(b)(4) of this
Code.
2 Permitted Location. Intercity may only or
stand to allow passengers to disembark within the
Village at the Lake Cook Road Metra Train Station
parking lot located at 601 Lake Cook Road, Deerfi 1
Illinois or such other location as may be approved by the
Village Manager or the Village Manager's designee in
their sole discretion.
01 Coordination of Disembarking Passengers. The intercity
us must be met by the Village's -de
aignated individuals
responsible for coordinating the transportation of the
passengers from the stop location in the Village to their
final destination(s).
Advance Approval The owner, operator. or driver of an
intercity bus must obtain advance written approval of
the Yillage prior to makingo and allow'n
passengers to disembark within the Village. In order to
obtain advanced approval of a stop, the owner, operator,
r driver oft e 'submit an application
to the Village Manager or the Village Manager's designee
at least five business days before the date of the proposed
stop. The application must include the following
information;
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4886-5666-5754, v. 1
The full name, full address, and tekyhQne
umbers, including mobile telephone numbers of
the owner, operator, and driver of the intercity
bus:
The full name, f telephone
numbers,including nnumbers
any entity or individuals that have either directed.
paid for, or financed the transport of persons who
will disembark in the Village:
CQ The make, model, state registration/plate number.
fleet number, and vehicle identification number
(ON) of the vehicle that will be providing the
service,
D The number of people who are proposed to
disembark in the Village:
E The n—am-eaddress, or location in the Village where
the applicant proposes to allow passengers to
disembark;
F The me addresses, telephone number
including mobile m
electronic mail addresses of all entities or
individuals who will be present to meet and
receive the passengers disembarking in the
Village;
G A detailed, written plan signed by the entity or
individuals agreeing to be responsible for
providing the plan, identifying how the
disembarking passengers will be cared for, housed.
and fed upon disembarking in the Village:
Any additional information that the Village
Manager or the Village Manager's designee may
reauire•
IAn affirmation—hyh i n that the
information prip ided in the anpliration is true and
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correct. �h affirmation must be attested to by a
person authorized to administer oaths or witness
atfirmations within the state or texxit m,-md
WJ An application fee of 1;25.00.
k5 Review of Application Upon receipt of the application
for an intercity bus stop submitted pursuant to this
Article, the Village Manager or the Village Manager's
de5ignee will undertake a review of the i form Lion
contained in the application to verify its truth and
authenticity. If the application is incomplete. the VillaI e
Manager or the Village Manager's designee will, in
writing, advise the applicant of the additional items
needed to complete the application No later than three
business days after receiving a completed application
the Village Manager or the Village Manager's designee
will inform the applicant in writing that the application
is approved or denied for the proposed location of
disembarkation in the ill e
k6 The Village Manager or the Village Manager's desienee
may limit the number of applications that are approved
r an inter it disembark i n o thre on n
particular day. Applications will be processed on a first -
come, first -served basis, and the approval will be issued
to the earliest filed complete and qualifying application
No more than two intercity buses may arrive within an
hour of each other unless otherwise approved by the
Village Manager or their designee.
07 Proof of Application and Approval. The driver —of
intercity bus approved pursuant to Section 22-172(b)(4)
to stop in the Village must have in their possession a
physical or electronic copy of an approved application
and present it for insn tion at the place of
disembarkation, upon request by any employee or
designee of the Village.
0 Driver Obligations,
The driver
of an intercity
box
approved pursuant
to Section
22-172(b)(4) must ensure
passengers
remain on the
bus until the designated
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4886-5666-5754, v. 1
Village employee or Village police officer is on site at the
designated location for disembarkation to assist in
making sure passengers will be transported to their -anal
destination and cared for upon disembarking in the
Village. Violators will be subject to the provisions set
forth in Section 22-174 of this Code
ection 22-173. Revocation ofApplication:
The approval of an application pursuant to Section 22-172(b)(4) may
be revoked by the Village Manager or the Village Manager's designee
upon the Manager's or designee's determination that the application
contains any false or misleading information.
Section 22-174. Penalty: Impoundment: Misdemeanor:
"a Penalty. Any person. firm, or corporation that onerates a bus in
violation of any provision of this Article 22 will be fined in an
amount of not less than $100 00 and no more than $750.00 per
passenger on the bus, plus any costs incurred by the Village.
Impoundment. Village police officers are hereby authorized to
seize and impound any intercity bus that is used in the
conimission or furtherance of a violation of this Article 22_
Lc Misdemeanor offenses In addition to the penalties set forth in
Sections a _ n run IL /1-2-1.1 n
person violating the provisions of Section 22-172(b)(8) may also
e deemed guilty of a misdemeanor and punishable by
incarceration upon conviction in the_co_unky_i it fora period nn_t
exceedinLy six m n hs.
Section 22-175 Unscheduled Bus Stops Declared To Be A Nuisance:
Unscheduled bus stops of intercity buses, in violation of Section 22-
172 of this Code are hereb specifically declared to be a public
nuisance.
SECTION FOUR: PUBLICATION. The Village Clerk is hereby directed to
publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois.
SECTION FIVE: EFFECTIVE DATE. This Ordinance will be in full force and
effect after passage by two-thirds vote of the Corporate Authorities, approval, and publication
in the manner provided by law.
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AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim
NAYS: None
ABSTAIN: None
ABSENT: Seiden
PASSED: January 16, 2024
APPROVED: January 16, 2024
ORDINANCE NO. 0-24-01
Daniel C. Shapiro, Mayor
ATTEST:
Kent S. Street, Village Cle$k
Additions are bold and double -underlined; deletions are struck through.
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