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Home My WebLink AboutORDINANCE - 2964 - 12/16/2003 - EG PARK DIST/VIDEO DEVICES/CELL PHONESORDINANCE NO. 2964 AN ORDINANCE AMENDING CHAPTER 6 OF TITLE 6 OF THE VILLAGE CODE BY ADOPTING ENFORCEMENT PROMISES ENACTED BY THE ELK GROVE VILLAGE PARK DISTRICT CONCERNING VIDEO DEVICES AND CELLULAR PHONES WHEREAS, the Elk Grove Park District has enacted Ordinance No. 259, an ordinance prohibiting the use of certain devices in certain parts of Park District Buildings, and requested in said Ordinance that the Police Department of the Village of Elk Grove Village be authorized and empowered to enforce the provisions of their ordinance; and WHEREAS, the Mayor and Board of Trustees of the Village of Elk Grove Village rind and believe that it is in the best interest of the Village to cooperate with the Park District and enforce the provisions of Ordinance No. 259. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That Chapter 6 of Title 6 of the Village Code be and the same is hereby amended by adding thereto a new Section which shall read as follows: 6-6-10 Prohibition of Certain Devices in Park District Buildings a. Equipment Prohibited — No person shall use (i) any electronic, mechanical, manual, electric, digital, voltaic or other device, instrument or means capable of recording, producing, duplicating, reproducing, storing, copying, transmitting or displaying any visual, video, photographic, electronic, digital, recorded, or other visual image, picture, or representation, including but not limited to any camera, photographic camera, video camera, fiber optic camera, motion picture camera, television camera, camcorder, or videotaping device, or (ii) any cell phone of any type or kind regardless of its capacity or lack thereof to produce a visual image, in any restroom, locker room, lavatory, bathroom, shower facility, or dressing room, in any building owned, leased to, or under the control of the Park District. b. Penalty - Any person violating or disobeying any provision of this ordinance shall be subject to a fine of ONE THOUSAND DOLLARS ($1, 000.00) and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Section 2: That the Village Clerk is authorized to publish this ordinance in pamphlet form. Section 3: That this ordinance shall be in force and effect from and after its passage, approval and publication according to law. VOTE. AYES: 6 NAYS: 0 ABSENT. 0 PASSED this 16th day of December 2003. APPROVED this le day of December 2003. Approved: Craig B. Johnson, Mayor ATTEST: Ann I. Walsh, Village Clerk PUBLISHED this 19th day of December2003. OrdParkdisNideo. doc ORDINANCE NO 259 ELK GROVE PARK DISTRICT AN ORDINANCE PROHIBITING THE USE OF CERTAIN DEVICES IN CERTAIN PARTS OF PARK DISTRICT BUILDINGS WHEREAS, the Elk Grove Park District, Cook County, Illinois, ("District") is a park district organized and operating pursuant to the provisions of The Park District Code (70 ILCS 1205/1-1 at seq.); and WHEREAS, Article 8-1(d) of The Park District Code. (70 ILCS 1205/8-1(d)) provides that every park district shall have and exercise the power to pass all necessary ordinances, rules and regulations for the proper management of the conduct of the business of the board and district and to establish by ordinance all needful rules and regulations for the govemment and protection of parks, boulevards and driveways and other property under Its Jurisdiction and to effect the objects for which such districts are formed; and WHEREAS, Article 8-1(e) of The Park District Code (70 ILCS 1205/8-1(e)) provides in relevant part that every park district shall have and exercise the power to prescribe such fines and penalties for the violation of ordinances as It shall deem proper not exceeding $1,000 for any one offense, which fines and penalties may be recovered by an action in the name of park district In the circuit court for the county in which such violation occurred and the procedure in such actions shall be the same as that provided by law for the violation of ordinances in cities organized under the general laws of the State of Illinois and offenders may be imprisoned for non-payment of fines and costs in the same manner as in such cities and all fines when collected shall be paid Into the treasury of the district; and WHEREAS, pursuant to Article 8-1(f) of The Park District Code (70 ILCS 120518- 1(17) provides that every park district shall have and exercise the power to manage and control the property of such district; and WHEREAS, the District owns, operates, manages and controls various buildings and facilities in which it provides leisure and recreational programs, activities and opportunities for the benefit of the general public; and WHEREAS, various buildings of the District contain areas In which the guests, patrons, employees, and Invitees of the District, as well as the general public, have a reasonable expectation of a certain degree of privacy such as locker rooms, dressing rooms, restrooms, bathrooms, lavatories and shower facilities (hereafter for the sake of convenience being singularly referred to as a "Protected Area" and collectively referred to as "Protected Areas"); and WHEREAS, the reasonable expectation of privacy of the guests, patrons, Invitees, employees of the District, and the general public, while present in any Protected Area, cannot exist if the use of any device capable of recording, producing, duplicating, reproducing, storing, copying, transmitting, or displaying any visual, video, photographic, electronic, or digital recorded Image, picture, or representation is permitted to be used in any Protected Area; and WHEREAS, included among such devices capable of producing visual -2- Images is a cell phone, the appearance of which is such that an observer of its use who is not able to view the cell phone screen may not be able to readily determine If such cell phone is a device which has the capacity to produce such visual Images and therefore such persons may experience a heightened concgm about the protection of his or her privacy Interests if cell phones are permitted to be used in Protected Areas; and WHEREAS, prohibiting the use of all types of cell phones in Protected Areas, regardless of their capacity to produce visual Images, and other devices capable of producing visual Images, would not prove to be an undue burden on any Individual, In light of the privacy Interests to be protected by such a prohibition; and WHEREAS, the Board of Park Commissioners of the District finds it to be necessary and desirable to safeguard, protect and preserve the privacy Interests of its employees, patrons, guests, invitees and the public while present in any Protected Area and that in order to do so it will prohibit the use of certain devices by any person while present in a Protected Area. NOW, THEREFORE, BE IT AND THE SAME HEREBY IS ORDAINED as follows; 1. That the recitals hereinabove are found to be true and correct and are hereby incorporated herein the same as if set forth here in full. 2. No person shall use (i) any electronic, mechanical, manual, electric, digital, voltaic or other device, instrument or means capable of recording, producing, duplicating, reproducing, storing, copying, transmitting or displaying any visual, video, photographic, -3- electronic, digital, recorded, or other visual Image, picture, or representation, Including but not limited to any camera, photographic camera, video camera, fiberoptic camera, motion picture camera, television camera, camcorder, or videotaping device, or (ii) any cell phone of any type or kind regardless of Its capacity or lack thereof to produce a visual Image, in any restroom, locker room, lavatory, bathroom, shower facility, or dressing room, In any building owned, leased to, or under the control of the Park District. 3. Any person violating or disobeying any provision of this Ordinance may be arrested by the Police hereinafter appointed to enforce this Ordinance and may be fined upon conviction the sum of ONE THOUSAND DOLLARS ($1,000.00), which fine may be recovered by an action in the name of the District in the Circuit Court of Cook County, Illinois. 4. The Police of the Village of Elk Grove Village, Illinois, shall be and hereby are authorized and empowered to enforce this Ordinance. 5. This Ordinance shall not be construed to create any duty of the District, its officers, commissioners or employees. 6. All ordinances and resolutions of the District in conflict or inconsistent with the provisions hereof are, to the extent of such conflict or inconsistency, hereby repealed. 7. This ordinance shall be effective upon passage and approval. PASSED: This 131 day of November, 2003. APPROVED: This 131 day of November, 2003. RECORDED: This 13' day of November, 2003. -4- VOTES: AYES: NAYS- ABS Commissioner Foster Commissioner O'Malley Commissioner Nunes Pfesident, Board of Park Commissioners Commissions Souder Elk Grove Park District ATTEST: r� en ke Secretary, o rd of Park Commissioners Elk Grove Park District -5- STATE OF ILLINOIS ) ) SS. COUNTY OF C 0 0 K ) I, RALPH C. SOUDER, DO HEREBY CERTIFY that I am the duly elected, qualified and acting Secretary of the Elk Grove Park District and of the .Raard of Park Commissioners of the Elk Grove Park District; and that I have access to the official minutes of the meetings of the Board of Park Commissioners and of the Elk Grove Park District. I DO FURTHER CERTIFY that the above and foregoing is a true and correct copy (duplicate) of a certain ordinance entitled: �*Ilwhlmmm• AN; ORDINANCE PROHIBITING THE USE OF CERTAIN DEVICES IN CERTAIN PARTS OF PARK DISTRICT BUILDINGS that the foregoing was passed by the Board of Park Commissioners of said Elk Grove Paris District on the 13th day of November, 2003, and was on the same day approved by the Secretary of the Elk Grove Park District; that it was filed and recorded In the office of the Secretary of the Elk Grove Park District of which the foregoing is a true copy (duplicate) and is now on file In the office of such Secretary. GIVEN under my hand and sea{ of the Elk Grove Park District this 13th day of November, 2003. (SEAL) EGPDK.ell Phone Ban Ordinance IE Secretary