§ 76.12 REGULATION OF UNSCHEDULED BUS STOPS.
   (A)   Definitions. The terms used in this section shall be defined as follows:
      APPLICATION. A request for approval to make a bus stop in the village on a form to be provided by the Chief of Police of the village’s Police Department that meets all the requirements of this section.
      APPROVAL. A written notice signed by the Chief of Police which approves an application submitted in conformance with this section.
      BUS. Any type of motor vehicle that is designed to carry, or is actually carrying, more than ten individuals.
      CHIEF. The Chief of Police.
      REGULARLY SCHEDULED SERVICE. Bus service that operates trips involving the dropping off of passengers 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. Any location in the village where individuals are dropped off by a bus that originated from a location outside of the village that is not providing regularly scheduled service and not operating pursuant to the written approval as provided for in this section.
   (B)   No unscheduled bus stops. It shall be a violation of this section for the owner, operator, or driver of any bus to make an unscheduled bus stop for the purpose of dropping off passengers in the village.
   (C)   Application. 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 shall file an application with the Chief using a form to be prepared by the Chief. The completed application and all required information shall be submitted to the Chief at least five 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 by the bus.
      (3)   The full name of all persons that are proposed to be dropped off 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.
      (4)   The name, address, or location in the village at which the bus proposes to drop off passengers.
      (5)   The date and time at which the bus passengers will be dropped off in the village which shall be from 8:00 a.m. to 5:00 p.m. on a Monday through Friday, excluding any holidays.
      (6)   The name and address of all locations from which the passengers are being picked up for transport to the village.
      (7)   The full name, full address, mobile and land-line telephone numbers of all entities or individuals that shall be present in the village to meet the bus and receive the passengers when they are dropped off.
      (8)   A detailed plan identifying how the individuals being dropped off will be cared for, housed, and fed, either temporarily or permanently, upon being dropped off in the village. The plan shall include the full names, full addresses, and land-line and mobile telephone numbers of all persons that will be present at the date and time of the drop-off and responsible for the care, housing and feeding of the passengers. The plan shall be signed by the entity that agrees to be responsible for the care of the individuals and at least one additional individual that will be present to receive the passengers and responsible for their care. The entity and the individual that will present to receive the passengers and be responsible for their care shall each by their signature certify that they will be responsible for providing the actions detailed in the plan.
   (D)   Application approval. Upon receipt of an application pursuant to this section, the Chief shall review same 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 shall, in writing, advise the applicant of the additional items needed to complete the application. If within four calendar days after receiving a completed application, the Chief, provided he or she has not received any information that the application is false or untrue in any manner, shall inform the applicant that the application is approved for the stated location. The Chief shall further provide a telephone number to the applicant or driver to coordinate the arrival of the bus in the village.
   (E)   Violations. It shall be a violation of this section for any individual or entity to violate any of the terms of this section and/or engage in the following actions:
      (1)   The submission of an application that is false or untrue in any manner.
      (2)   The failure of any entity or individual that is responsible for the care, housing, or feeding of any passengers dropped off in the village to implement or perform the detailed plan pursuant to the terms of an approved application.
      (3)   Making an unscheduled bus stop in the village.
      (4)   Initiating any bus transportation to the village requires the approval of the bus stop location without submitting an application or failing to obtain approval of an application as required by this section.
   (F)   Penalties.
      (1)   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 be punishable by a fine of not less than $300 nor more than $1,000 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.
      (2)   The village at its discretion may enforce this section by:
         (a)   A quasi-criminal action seeking the payment of a monetary penalty adjudicated under the village’s administrative adjudication system; or
         (b)   An action seeking monetary and injunctive relief filed in the Circuit Court of Cook County or any other court having jurisdiction over the violator.
   (G)   Seizure and impoundment of bus.
      (1)   Whenever a police officer has reason to believe that a violation of this section has occurred, the bus is subject to seizure and impoundment in addition to any other monetary penalty or other remedy that may be pursued. The police officer shall, in the exercise of discretion, provide for the towing of the bus to a facility approved by the Police Department.
      (2)   Upon the towing of a bus, the police officer shall notify or make a reasonable attempt to notify the owner of record, lessee, person claiming to be the owner or lessee, or any person who is found to be in control of the vehicle at the time of the alleged violation of the fact of the seizure and of the vehicle owner’s right to request an administrative hearing.
   (H)   Administrative tow hearing.
      (1)   Within five business days after a bus is seized and impounded, the village shall notify, by personal service, first class mail, or certified mail, the owner of record, lessee, and any lien holder of record of the owner’s right to request a hearing to determine whether a violation of this section actually occurred. The name and address of the person to whom a vehicle is registered as shown on the records of the state in which the vehicle is registered shall be conclusive evidence of the name and address of the owner of record of the vehicle unless the owner of record gave the village actual written notice of a different name or address.
      (2)   In order to obtain a hearing, the owner of record must file a written request for a hearing with the Chief of Police no later than ten business days after the date the notice was mailed. The hearing date must be scheduled for a date that is no more than 15 business days after a request for a hearing has been filed. The person requesting the hearing shall be given at least five business days’ notice of the date of the hearing.
      (3)   The hearing shall be conducted by a hearing officer appointed in accordance with this code’s administrative hearing procedures. The owner of the bus shall have the right to be represented by an attorney: the right to notice of the charges causing the seizure and impoundment of the bus; the right to present witness and documentary evidence; and the right to cross-examine all witnesses.
      (4)   If, after the hearing, the hearing officer determines, by a preponderance of evidence, that a violation of this section has occurred involving the seized and impounded bus, then the hearing officer shall enter an order finding the owner of record of the vehicle liable to the village for the administrative fees of $750, which shall be in addition to any other penalties, fines and remedy sought. If, after a hearing, the hearing officer does not determine, by a preponderance of the evidence, that the vehicle was used in violation of section of this code, the hearing officer shall enter an order finding for the owner and ordering the return of the vehicle.
      (5)   If the owner of record fails to request a hearing on the seizure and impoundment of the bus in a timely manner or fails to appear at the hearing, the owner of record shall be deemed to have waived the owner’s right to a hearing, and the hearing officer may enter a default order in favor of the village in the amount of the administrative fees. However, if the owner of record pays such penalty and the vehicle is returned to the owner, no default order need be entered if the owner is informed of his or her right to a hearing and signs a written waiver, in which case, an order of liability shall be deemed to have been made when the village receives the written waiver.
   (I)   Requirements for recovery of a seized and impounded bus. A vehicle impounded pursuant to this chapter shall remain impounded until:
      (1)   The administrative fee of $750 is paid to the village and all applicable towing fees are paid to the towing agent, in which case, the owner of record shall be given possession of the bus;
 
      (2)   A bond in the amount of $750 is posted with the village, and all applicable towing fees are paid to the towing agent, at which time, the bus will be released to the owner of record; or
      (3)   The bus is deemed abandoned, in which case, it shall be disposed of in the manner provided by law for the disposition of abandoned vehicles.
   (J)   Posting bond.
      (1)   If a bond in the amount of $750 is posted with the Police Department, the impounded bus shall be released to the owner of record, and the owner of the bus shall still be liable to the towing agent for any applicable towing fees.
      (2)   If a after an administrative hearing on the seizure and impoundment of the bus, it is determined that the bus was used in violation of this section the posted bond shall be forfeited to the village; however, if a violation of this section is not proven by a preponderance of the evidence, the bond will be returned to the person posting the bond, and all towing fees shall be waived.
      (3)   All bond money posted pursuant to this chapter shall be held by the village until the hearing officer issues a decision or, if there is a judicial review, until a final order is entered in the judicial proceeding in which review is sought.
   (K)   Disposition of an unclaimed bus. Any bus that is not reclaimed or subject to judicial review within 35 days after the administrative hearing officer issues a final written decision shall be deemed abandoned and disposed of as an unclaimed vehicle as provided by law.
(Ord. 24-01, passed 1-8-24)