(A) Definitions. For the purposes of this section, these definitions shall apply.
“APPLICATION.” A form that the Tinley Park Chief of Police makes available for receiving and reviewing proposed intercity bus operations.
“APPROVAL.” Written notice that the Chief of Police has received, reviewed, and determined that an application satisfies the requirements of the village and § 82.01
.
“CHIEF OF POLICE.” The Tinley Park Chief of Police.
“POLICY.” That written policy which was promulgated by the Village Mayor as set forth in Executive Order 2023-001 and is laid out in § 82.01
.
“REGULARLY SCHEDULED SERVICE.” 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.
“UNSCHEDULED INTERCITY BUS.” Any bus used for the transportation of persons between the Village of Tinley Park and locations outside of the Chicago-Naperville-Joliet area that is not operating pursuant to authorization of the Chief of Police authorization via: (i) an approved letter of permission; or (ii) an approved schedule and/or approved pick-up/drop-off zone, as of the effective date of the Policy.
“VILLAGE.” The Village of Tinley Park, Illinois.
(B) Applicability. These rules and regulations shall apply to any unscheduled intercity bus or unscheduled intercity bus operator that attempts to discharge or pick-up passengers within the limits of the village without a valid permit issued by the village as set forth in § 82.01.
(C) Towing and impounding.
(1) In addition to any fees or fines set forth in the Policy, any unscheduled intercity bus used in violation of Executive Order 2023-001 and the Policy set forth therein shall be subject to immediate seizure and impoundment. The owner of record of said bus shall be liable for any and all towing, storage and administrative fees associated with the towing and storage of the bus. The owner of record shall also be subject to an administrative penalty of $5,000.
(2) Whenever a police officer with supervisory authority and who is present at the time of an alleged violation of the Policy set forth in Executive Order 2023-001 has probable cause to believe that an intercity bus is subject to seizure and impoundment pursuant to these rules and regulations, the police officer shall provide for the towing of the bus to an authorized towing facility.
(3) Before or at the time the bus is towed, the police officer shall notify any person identifying themselves as the owner of the bus at the time of the alleged violation, or the person who is found to be in control of the bus at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the bus owner's right to request a vehicle impoundment hearing to be conducted under Chapter 90, §§ 90.21 and 90.22 of this code by serving such person with a copy of the citation.
(D) Criminal charges.
(1) The Chief of Police is hereby authorized to pursue criminal charges against any: (i) unscheduled intercity bus operator; (ii) unscheduled intercity bus driver; or (iii) third-party employees who are charged with the oversight of the passengers, when such individual attempts to or does discharge passengers where such actions endanger the health, safety or welfare of passengers.
(2) The Chief of Police shall consider the following when determining whether to pursue criminal charges:
(a) The location of the discharge or attempted discharge of passengers;
(b) Extreme weather conditions, including temperatures below freezing, snowfall, severe rain, or other inclement weather which poses a risk to passengers;
(c) Whether any of the passengers are minors; and
(d) The time of day and access to shelter or transportation for passengers.
(E) Civil remedies. The village's attorneys are hereby authorized and directed to pursue any and all civil remedies against intercity bus operators that fail to or refuse to comply with § 82.01 or these rules and regulations. Such civil remedies include, but are not limited to, injunctive relief, declaratory judgements, and debt collection actions.
(Ord. 2023-O-088, passed 12-19-23)