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O-04-24 Amending the Lemont Municipal Code in Regard to Charter Buses and Unscheduled Stops0- 418 Main Street ( Lemont, IL 60439 TO: Village Board Meeting FROM: George Schafer, Administration THROUGH: SUBJECT: An Ordinance Amending the Lemont Municipal Code in Regard to Charter Buses and Unscheduled Stops DATE: January 8, 2024 SUMMARY/BACKGROUND Presented for approval is an ordinance amending the Village's municipal code to regulate unannounced and unscheduled bus stops and drop offs. Over the past several weeks, the region has experienced dozens of busloads of migrants dropped off at various Metra stations throughout the suburbs of Chicago. The migrants are seeking asylum from their native countries and have arrived from Texas headed towards their eventual landing place where they are being accepted in Downtown Chicago. While the City of Chicago is accepting the migrants for longer term residency, the City of Chicago recently adopted an ordinance that requires a structure with respect to how the buses transporting migrants arrive in Chicago, including requiring advance notice, specifying the hours when the buses will be accepted and and other regulations. As a result, Texas officials have directed buses to drop off migrants in suburban locations instead. Some suburban communities have passed similar ordinances regulating bus drop offs in their communities to help control the situation. The Village of Lemont has not received any drop offs as of yet. Lemont's limited train service has likely contributed to the lack of drop offs, with the majority of the bus drop offs isolated to the towns with more flexible train service such as the BNSF and Union Pacific lines in DuPage County. However, having an ordinance in place is another tool to ensure coordination efforts and safety standards can be met if the need should arise. The ordinance for consideration is similar to neighboring communities and requires an application, notice requirement, a plan of care for the migrants in making it to their eventual destination, among other requirements. It also includes penalties for not meeting requirements of the ordinances including fines. ANALYSIS Consistency with Village Policy Other Subheadings, as applicable. Please Specify in Analysis Field. STAFF RECOMMENDATION Staff Recommends Approval BOARD ACTION REQUESTED Motion to Approve Ordinance ATTACHMENTS Ordinance_Amending_Lemont Municipal_Code_-_Charter Buses.pdf VILLAGE OF LEMONT ORDINANCE NUMBER O- -24 AN ORDINANCE AMENDING THE LEMONT MUNICIPAL CODE IN REGARD TO CHARTER BUSES AND UNSCHEDULED STOPS JOHN EGOFSKE, Village President CHARLENE M. SMOLLEN, Clerk JANELLE KITTRIDGE DAVE MAHER KEN MCCLAFFERTY KEVIN SHAUGHNESSY RICK SNIEGOWSKI RON STAPLETON Trustees Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont on 1-�-2024 Ordinance 0--24 AN ORDINANCE AMENDING THE LEMONT MUNICIPAL CODE IN REGARD TO CHARTER BUSES AND UNSCHEDULED STOPS WHEREAS, the Village of Lemont ("Village"), Cook, DuPage and Will Counties, Illinois, is a non -home rule municipality under the Illinois Constitution; and WHEREAS, the Illinois Municipal Code, 65 ILCS 5/1-2-1, provides that the corporate authorities of each municipality may pass all ordinances and make all rules and regulations proper or necessary, to carry into effect the powers granted to municipalities, with such fines or penalties as may be deemed proper; and WHEREAS, pursuant to 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 the Illinois Municipal Code, 65 ILCS 5/11-42-6, municipalities have the authority to license, tax and regulate buses operating as common carriers using Village streets; and WHEREAS, common carriers provide a vital transportation service to the public and are entrusted with the care and wellbeing of their passengers, including children; therefore, unscrupulous common carriers pose a significant threat to the health and safety and of their passengers; and WHEREAS, the President and Board of Trustees of the Village find that it is in the best interest of the Village, passengers of common carriers disembarking in the Village and Village residents to amend the Village Code to provide for health and safety regulations related to unscheduled bus stops within the Village NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, DUPAGE AND WILL COUNTIES, ILLINOIS AS FOLLOWS: SECTION 1: Recitals. The foregoing recitals shall be and are hereby incorporated as findings of facts as if said recitals were fully set forth herein SECTION 2: Amendment to Chapter 5. That Chapter 5 of the Lemont Municipal Code is hereby amended by creating a new subsection 5.13, to read in its entirety as follows: 5.13 Charter Buses 5.13.01 Definitions: This section shall apply to commercial motor vehicles operated as common carriers when: 1. The vehicle is engaged in a privately chartered service; 2. The service includes the disembarkation of ten (10) or more passengers within the Village who will not reboard; and 3. The service does not include arrangements for round-trip transportation. As used in this section, "privately chartered service" refers to services wherein a motor vehicle is engaged by a person or entity for specific transportation purposes, not including services that are part of regular, publicly available transportation routes or schedules. "Privately chartered service" does not include courtesy shuttles transporting customers or guests to or from a fixed location as an incidental service provided by a business and transportation to recreation or banquet/special event facilities. 5.13.02 Application / Procedure. 4. The owner, operator, or driver of any motor vehicle to which this chapter applies which proposes to allow passengers to disembark in the Village shall file an application with the Chief of Police. The completed application shall contain all required information set forth in subsection (2) below and shall be submitted at least five (5) working days prior to the date of the proposed disembarking date. 5. The Chief of Police shall prepare an application form which shall, at a minimum, require an applicant to provide the following information: a. The frill name, full address, and telephone numbers of the owner, operator, and driver of the motor vehicle. The mobile phone number of the driver of the vehicle shall also be provided. b. The full name, full address, mobile and land -line telephone numbers of the entity or individuals that have either directed, paid for, or financed the transport of persons who will disembark in the Village. c. The full name of all persons that are proposed to disembark in the Village along with copies of IDs for said person to the extent such IDs exist or are in the possession of the passengers. d. The name, address, or location in the Village where the applicant proposes to allow passengers to disembark. e. The date and time at which the applicant's passengers will disembark in the Village shall be from 7:00 a.m. to 4:00 p.m. on a Monday through Friday, excluding any federal, state, or village holidays. f. The name and address of all locations from which the passengers are being picked up for transport to the Village. 3 g. The full name, full address. mobile and land -line telephone numbers, and electronic mail addresses of all entities or individuals that shall be present to meet and receive the passengers disembarking in the Village. h. A detailed plan identifying how the disembarking passengers will be cared for, housed, and fed, upon disembarking in the Village. The plan shall be signed by the entity that agrees to be responsible for providing the actions detailed in the plan. i. Any additional information the Chief of Police may require provided that such information is related to the purposes of this section. 3. The person submitting an application shall swear or affirm that to the best of their knowledge and belief the information set forth in such application is true and correct, and such oath or affirmation shall be attested to by a person authorized to administer oaths or witness affirmations within the state or territory where the application is sworn to or affirmed. 4. Upon receipt of an application pursuant to this section, the Chief of Police shall review sane and undertake a review of the information contained in the application to verify its truth and authenticity. If the application is not complete, the Chief of Police shall, in writing, advise the applicant of the additional items needed to complete the application. Within four (4) calendar days after receiving a completed application, the Chief of Police shall inform the applicant that the application is approved for the stated location, unless the Chief of Police has received bona fide information that the application contains materially false information. 5. Upon approval of an application, the Chief of Police shall provide the applicant, or a person designated thereby, with a telephone number to coordinate the arrival of the motor vehicle in the Village. 6. If the Chief of Police denies an application made under this section, the Chief of Police shall reduce the findings to writing and transmit the same to the applicant within five (5) working days. The applicant may submit a new application or seek relief from the determination by the Chief of Police in the manner set forth in Section 5.020.070(3) of the Lemont Municipal Code. Disqualification. The Chief of Police shall not approve an application for any person who: 1. Has supplied materially false or misleading information in connection with an application under this section. 2. Has failed to ensure the care, housing, transportation, or feeding of any passengers disembarking in the Village or otherwise failed to implement or perform the detailed plan pursuant to the terms of an approved application. Penalty. Complaints alleging any violation of this section for which the Village may impose a fine upon the owner, operator or driver of any motor vehicle to which this section applies 11 to shall be brought in the name of the Village and adjudicated before an administrative adjudicator. The administrative adjudicator shall impose a fine of not less than $750.00 per passenger. SECTION 3: Amendment to Title 11. That Chapter 11 of the Lemont Municipal Code is hereby amended by creating a new section 11.04.180 to read in its entirety as follows: 11.04.180 Unlawful Operation of Buses A. As used in this section, the following definitions shall apply: "Bus" means any type of commercial motor vehicle with a weight of at least 36,000 pounds, that is designed to carry, or is actually carrying, more than ten (10) individuals and operating as a common carrier. "Regularly Scheduled Service" means bus service that operates trips involving passengers disembarking 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 paying a fare. "Unscheduled bus stop" means the unloading or disembarking of passengers from a bus subject to the requirements of Section 5.13 of the Lemont Municipal Code that is not operating pursuant to and in accordance with an application approved in accordance with that section. B. Prohibited Conduct. Unscheduled bus stops. No person, including, but not limited to, the owner, operator or driver of any bus shall make an unscheduled bus stop in the Village. This section shall not apply to motor vehicles which are not subject Section 5.13 of the Lemont Municipal Code. Operation of bus without a Village license. Except as otherwise provided by law, it shall be unlawful for any person to operate a bus on any street, place or public highway in the Village without first having obtained a specific grant of authority to do so from the Village Board in the form of an ordinance designating the routes, terms and conditions under which such bus may be operated and regulating such other matters pertaining to bus as it is within the scope of the powers granted to the Village. C. Penalty. Any person found guilty of violating disobeying, omitting, neglecting or refusing to comply with, or resisting or opposing the enforcement of, any of the provisions of this section, upon conviction thereof, shall e punishable by a fine of $750.00 for each offense. The operation of each bus contrary to the provisions of this section shall be considered a separate offense for each day that the same is so operated. SECTION 4: That this Ordinance shall be in full force and effect from and after its adoption'and approval. SECTION 5: That the Village Clerk is hereby ordered and directed to publish this Ordinance in pamphlet form, and this Ordinance shall be in full force and effect from and after its passage, approval, and publication as required by law. SECTION 6: All ordinances in conflict herewith are hereby repealed to the extent of such conflict. ADOPTED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, ON THIS DAY OF JANUARY 2024. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: Janelle Kittridge Dave Maher Ken McClafferty Kevin Shaughnessy Rick Snieg owski Ron Stapleton Attest: John Egofs e, Village President Charlene M. S'to llOf llgClerk 0 Now ,..� i' ItLI ®®"O' 6 STATE OF ILLINOIS ) SS COUNTIES OF COOK, DUPAGE & WILL CERTIFICATION I, Charlene Smollen, do hereby certify that I am the duly qualified and elected Village Clerk of the Village of Lemont, Cook, DuPage and Will County, Illinois, and that as such Village Clerk I do have charge of and custody of the books and records of the Village of Lemont, Cook County, Illinois. I do hereby further certify that the foregoing is a frill, true and correct copy of Ordinance No. 0 r ` AN ORDINANCE AMENDING THE LEMONT MUNICIPAL CODE IN REGARD TO CHARTER BUSES AND UNSCHEDULED STOPS," adopted and approved by the President and Board of Trustees of the Village of Lemont, Illinois on January '� , 2024. IN WITNESS WHEREOF, I have hereunto affixed my han0 and the Corporate Seal of the Village of Lemont, Cook, DuPage and Will County, Illinois this 't� day of January 2024. Charlene Smollen Village Clerk Village of Lemont Cook County, Illinois