ORDINANCE NO. 2024-O-008
AN ORDINANCE AMENDING TITLE FOUR, CHAPTER ONE OF THE VILLAGE OF MOKENA CODE OF ORDINANCES RELATED TO NUISANCES
WHEREAS, the Village of Mokena, Will County, Illinois (the “Village”) is authorized by the Illinois Municipal Code, §11-60-2, to define, prevent, and abate nuisances within the Village of Mokena, and as such may exercise that power to regulate for the protection of the public health, safety, morals and welfare; and
WHEREAS, the President and Board of Trustees of the Village of Mokena (the “Village Board”) are charged with the responsibility of protecting the health, safety, and welfare of the residents of the Village; and
WHEREAS, since December 1, 2023, unscheduled intercity buses have unloaded dozens of passengers in nearby communities, and such drop-offs are continuing in many suburbs, especially those near commuter stations; and
WHEREAS, the Village Board finds that it is in the best interests of the Village, its employees, its residents, and visitors to establish regulations for the safe and orderly stopping, standing, and parking of unscheduled intercity buses and the discharge of passengers within the Village; and
WHEREAS, the Village Board determined that the unloading of passengers from an unscheduled intercity bus in inclement or severe weather conditions or at varied unscheduled hours, days, or locations in the Village by passenger bus companies without a coordinated plan poses a significant threat to the health, welfare, and safety of passengers and constitutes a nuisance within the Village of Mokena; and
WHEREAS, the Village Board further finds that time is of the essence due to the immediate increase in demands on limited Village resources resulting from the prospective unloading of passengers from an unscheduled intercity bus within the Village; and
WHEREAS, the Village Board declares that a nuisance would be created within the Village as it relates to the unloading of passengers from unscheduled intercity buses; and
WHEREAS, the Village Board finds that it is in the best interest of the health, safety, and welfare of the residents of the Village to that such nuisance by passenger bus companies herein specified be prohibited.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Mokena, Illinois, by and through §11-60-2 of the Illinois Municipal Code, as follows:
Section 1. That the above recitals and legislative findings are found to be true and correct by the Village Board and are hereby incorporated herein and made a part hereof, as if fully set forth in their entirety in this Section 1.
Section 2. That the Village Board find and declare that the Ordinance herein established is to protect and ensure the health, safety, and welfare of the residents of the Village and is further undertaken in accordance with and pursuant to the exercise of the Village’s authority under §11-60-2 of the Illinois Municipal Code.
Section 3.
The purpose of this Ordinance is to approve and adopt a policy for the benefit of the Village, its employees, its residents, and visitors to the Village, and to authorize the Chief of Police to take any and all action necessary to effectuate and carry out the policy herein established.
Section 4.
Title 4, Chapter 1, shall be amended to add Section 2, entitled:
4-1-2 Transportation Nuisance
A. Definitions.
Regularly Scheduled Intercity Bus
shall mean any intercity bus that operates trips on a predictable and recurring basis between two or more designated and authorized locations or established routes, following a fixed schedule that is published in advance and available to the general public, and provides transportation service in exchange for payment of a fare.
Unscheduled Intercity Bus
shall mean any intercity bus used for the transportation of passengers originating from a location outside of the Chicago-Naperville-Joliet area that is not a regularly scheduled intercity bus on a specific schedule to pick-up or drop-off passengers at an approved location in the Village.
Village
shall mean the Village of Mokena, Will County, Illinois.
B. Applicability.
The application, review, and approval process pursuant to the limitations and requirements of this Ordinance for unscheduled intercity buses shall apply to all operators seeking an unscheduled intercity bus service for a specified date, time and location for the loading or unloading of passengers in accordance with the authorization as herein required.
C. Passenger Loading and Unloading Location.
Unscheduled intercity buses shall only load or unload passengers at a location authorized by the Chief of Police.
D. Penalty.
Any operator of an unscheduled intercity bus that attempts to or does in fact load or unload passengers without an approved application shall be subject to a $750.00 fine per passenger.
Section 5. The officials, officers, employees, of the Village are hereby authorized to take all actions necessary to carry out, give effect to, and consummate the Ordinance, and to take all action reasonably required in conformity therewith.
Section 6. This Ordinance, and its parts, are declared to be severable and any sentence, section, paragraph, sub-paragraph, clause, provision, or portion of this Ordinance is declared unconstitutional, invalid or unenforceable said shall be excluded and deemed inoperative or unenforceable, as though not provided for herein, and shall not affect the validity or enforceability of any other part of this Ordinance, which shall remain unaffected, unimpaired, valid, and in full force and effect. It is hereby declared to be the express legislative intent of the Village Board that this Ordinance would have been authorized and adopted as if no such unconstitutional, invalid, or unenforceable part was included in this Ordinance.
Section 9. This Ordinance shall be in full force and effect immediately upon its passage and publication to preserve and protect the health, safety and welfare of the residents and visitors to the Village.
PASSED BY THE FOLLOWING ROLL CALL this 11th day of March 2024.
AYES : 6
NAYS: 0
ABSENT: 0
APPROVED this 11th day of March, 2024.
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Village President
ATTEST:
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Village Clerk