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HomeMy WebLinkAboutMayor Executive Order Unscheduled Intercity BusesVILLAGE OF ELK GROVE VILLAGE EXECUTIVE ORDER NO.2024-001 DECLARING A POLICY REGARDING UNSCHEDULED INTERCITY BUSES WHEREAS, the Village of Elk Grove Village as a home rule unit of local government as provided by Article VII, Section 6 of the Illinois Constitution of 1970, has the authority to exercise any power and perform any function pertaining to its government and affairs including the establishment of public policy for the health, safety, and welfare of the Village; and WHEREAS, the Village is committed to protecting the health, safety and welfare of individuals residing in and visiting the Village; and WHEREAS, the herein declaration of Village policy is based on a determination that dropping off passengers from a bus or other transportation provider within the Village without prior provisions being made for the proper housing and care of such individuals is inhumane, creates a dangerous condition for the persons being dropped off, and threatens public health safety and welfare; and WHEREAS, time is of the essence in that dropping off passengers from a bus or other transportation provider within the Village without prior provisions being made for their proper housing and care can have deadly consequences when the weather conditions are adverse and furthermore create an increase in demands on Village resources thus jeopardizing health and safety measures afforded by said resources. NOW, THEREFORE, by the power in me as Mayor of the Village of Elk Grove Village, Cook and DuPage Counties, Illinois, I, Mayor Craig B. Johnson do hereby establish the Policy as set forth in Exhibit A, attached hereto and incorporated wherein, Section 1: Effective immediately, I, the Mayor of the Village of Elk Grove Village, Illinois, delegate to the Director of Police the authority to take any and all lawful action necessary to protect the heath, safety and welfare of the residents and corporate citizens of the Village, including, but not limited to, the enforcement of the Policy, and the authority to cite and take other appropriate measures against the persons who disobey this Order or the Policy after due notice, either oral or written has been given. Section 2: This Order is declared effective imi lawfully modified, amended, rescinded, or suspended. Section 3: This Executive Order shall be RECEIVED AND FILED JANUARY 9, 2024 Y Lo etta M. Murphy, Village Cler shall in accordance Johnson, Mayor in effect unless otherwise applicable law. EXHIBIT A I. Definitions For the purposes of this Policy, these definitions shall apply: a. "Application" means a form that the Elk Grove Village Director of Police makes available for receiving and reviewing proposed intercity bus operations. b. "Approval" means written notice that the Director of Police has received, reviewed, and determined that an application satisfies the requirements of the Village and this Policy. c. "Director of Police" means the Elk Grove Village Director of Police. d. "Regularly scheduled service" means intercity bus service that operates trips 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 paying a fare. e. "Unscheduled intercity bus" means any bus used for the transportation of persons between the Village of Elk Grove Village and locations outside the Village that is not providing regularly scheduled services and not operating pursuant to authorization of the Director of Police. II. Applications The owner, operator, or driver of any Bus that is not providing Regularly Scheduled Service that desires to make a Bus stop to drop off passengers in the Village of Elk Grove Village shall file an Application with the Director of Police using a form to be prepared by the Director and as approved by the Office of the Mayor pursuant to this Executive Order. The completed Application and all required information shall be submitted to the Director at least five (5) calendar days prior to the date of the proposed drop-off date. The Application shall include and provide the following information: 1. The full name, full address, and telephone numbers of the Owner, Operator, and Driver of the Bus. The mobile phone number of the driver of the Bus shall also be provided. 2. The full name, full address, mobile and land -line telephone numbers of the entity or individuals that has either directed, paid for, or financed the transport of persons to be dropped off in the Village of Elk Grove Village by the Bus. 3. The full name of all persons that are proposed to be dropped -off in the Village of Elk Grove Village along with copies of ID's for said person to the extent such IDs exist or are in the possession of the passengers. 4. The name, address, or location in the Village of Elk Grove Village at which the Bus proposes to drop off passengers. 5. All persons that are proposed to be dropped off shall provide certified medical documentation from a board certified infectious disease physician or other similarly qualified medical professional that such individual is not presently or within the last sixty days prior to the date being dropped off, been diagnosed or has contracted any contagious disease such as malaria, tuberculosis or such other contagious disease which, if spread to others, adversely affects their health, safety or welfare. III. Days and Hours of Operation Unscheduled intercity buses shall load/unload passengers within the Village only between the hours of 10:00 a.m. and 4:00 p.m. Monday through Friday, and not at any time on Saturdays, Sundays, or designated Village Holidays. IV. Passenger Pick-up/Drop-off Locations Unscheduled intercity buses shall only load/unload passengers at locations designated by the Director of Police, which shall be listed on the approved application. V. Proof of Application and Approval Operators of unscheduled intercity buses must carry a physical or electronic copy of an approved application and present it for inspection at the place of loading/unloading upon request by any employee or designee of the Village. VI. Penalties Any person violating, disobeying, omitting, neglecting, or refusing to comply with, or resisting or opposing the enforcement of, any of the provisions of this Chapter shall be arrested and cited for said violation, and upon conviction thereof, shall be punishable by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00) for each offense. A separate and distinct offense shall be regarded as committed each day upon which said person shall continue any such violation or permit any such violation to exist after notification thereof. The Village at its discretion may enforce this Chapter by: (1) a quasi - criminal action seeking the payment of a monetary penalty adjudicated under the Village's Administrative Adjudication system; or (2) an action seeking monetary and injunctive relief filed in the Circuit Court of Cook County or any other Court having jurisdiction over the violator. In addition, whenever a police officer has reason to believe that a violation of this policy has occurred, the Bus shall be immediately subject to seizure and impoundment pursuant to the provisions of Title 6, Chapter 13, Vehicle Seizure, and Impoundment of the Elk Grove Village Code.