PREFACE
This Code constitutes a recodification of the general and permanent ordinances of the Village of Brookfield, Illinois.
Source materials used in the preparation of the Code were the 1964 Code, as supplemented through October 27, 2002, and ordinances subsequently adopted by the village board of trustees. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1964 Code, as supplemented, included sections of the village's prior 1940 Code, and any subsequent ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.
Chapter and Section Numbering System
The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.
Page Numbering System
The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:
CHARTER CHT:1 RELATED LAWS RL:1 SPECIAL ACTS SA:1 CHARTER COMPARATIVE TABLE CHTCT:1 RELATED LAWS COMPARATIVE TABLE RLCT:1 SPECIAL ACTS COMPARATIVE TABLE SACT:1 CODE CD1:1 CODE APPENDIX CDA:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CHARTER INDEX CHTi:1 CODE INDEX CDi:1 Index
The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself that stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
This publication was under the direct supervision of Sandra S. Fox, Senior Code Attorney, and Ramona Connors, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to Keith Sbiral, AICP, Assistant Village Manager; Theresa Coady, Deputy Village Clerk and Assistant to Village Manager; and Brian W. Baugh, Village Attorney, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the village readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the village's affairs.
ADOPTING ORDINANCE
ORDINANCE NO. 2013-67
AN ORDINANCE APPROVING AND ADOPTING THE CODE OF ORDINANCES, VILLAGE OF BROOKFIELD, ILLINOIS
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 16th DAY OF DECEMBER 2013
Published in pamphlet form by authority of the Corporate Authorities of Brookfield, Illinois, the 16th day of December 2013
WHEREAS, the Village of Brookfield (the "Village") is authorized by the Illinois Municipal Code, (65 ILCS 5/1-1-1, et seq.) to adopt necessary ordinances to carry into effect the powers granted to the Village, ordinances not inconsistent with the criminal laws of the State of Illinois, to regulate any matter expressly within the authorized powers of the Village, or incidental thereto, ordinances to license business and impose certain taxes and ordinances to protect the health, safety, and general welfare of the citizens of the Village;
WHEREAS, Section 11-30-4 of the Illinois Municipal Code (65 ILCS 5/11-30-4) authorizes the corporate authorities of the Village to prescribe the manner of constructing all buildings, structures and their accessories and by Sections 18 and 36 of the Illinois Plumbing License Law (225 ILCS 320/18 and 36) to provide by ordinance, bylaws or rules and regulations for the materials, construction, alteration, and inspection of all plumbing placed in or in connection with any building in the Village at least as stringent as the minimum code of standards promulgated by the Illinois Department of Public Health, or may by ordinance or resolution, adopt, by reference, the minimum code of standards promulgated by the Illinois Department of Public Health;
WHEREAS, the Village is authorized by Section 11-13-1 of the Illinois Municipal Code (65 ILCS 5/11-13-1) (1) to regulate and limit the height and bulk of buildings to be erected; (2) to establish, regulate and limit, subject to the provisions of Division 14 of Article 11 of the Illinois Municipal Code, (65 ILCS 5/11-14-1, et seq.), the building or set-back lines on or along any street, traffic-way, drive, parkway or storm or floodwater runoff channel or basin; (3) to regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of open spaces, within and surrounding such buildings; (4) to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential, and other uses; (5) to divide the entire municipality into districts of such number, shape, area, and of such different classes (according to use of land and buildings, height and bulk of buildings, intensity of the use of lot area, area of open spaces, or other classification) as may be deemed best suited to carry out the purposes of Division 13 of the Illinois Municipal Code, (65 ILCS 5/11-13-1, et seq.); (6) to fix standards to which buildings or structures therein shall conform; (7) to prohibit uses, buildings, or structures incompatible with the character of such districts; (8) to prevent additions to and alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed under Division 13 of the Illinois Municipal Code, (65 ILCS 5/11-13-1, et seq.); (9) to classify, regulate and restrict the use of property on the basis of family relationship, which family relationship may be defined as one or more persons each related to the other by blood, marriage or adoption and maintaining a common household; (10) to regulate or forbid any structure or activity which may hinder access to solar energy necessary for the proper functioning of a solar energy system, as defined in Section 1.2 of the Comprehensive Solar Energy Act of 1977 (30 ILCS 725/1.2); (11) to require the creation and preservation of affordable housing, including the power to provide increased density or other zoning incentives to developers who are creating, establishing, or preserving affordable housing; and (12) to establish local standards solely for the review of the exterior design of buildings and structures, excluding utility facilities and outdoor off-premises advertising signs, and designate a board or commission to implement the review process;
WHEREAS, the Village is authorized by Division 3 of the Illinois Municipal Code (65 ILCS 5/1-3-1, et seq.) and by the Municipal Adoption of Codes and Records Act (50 ILCS 220/1, et seq.) to adopt by reference (1) as criteria for the issuance of construction, reconstruction, alteration or installation permits, the provisions of any published compilation of rules and regulations which have been prepared by nationally recognized technical trade or service organizations; and (2) public records including, but not limited to, municipal ordinances, of the Village adopted prior to this ordinance;
WHEREAS, the Village is authorized by Section 11-208 of the Illinois Vehicle Code (625 ILCS 11-208) with respect to streets and highways under Village jurisdiction and within the reasonable exercise of its police power to (1) regulate the standing or parking of vehicles, except as limited by Sections 11-1306 and 11-1307 of the Illinois Vehicle Code (625 ILCS 11-1306 and 11-1307); (2) regulate traffic by means of police officers or traffic control signals; (3) regulate or prohibit processions or assemblages on the highways and to certify persons to control traffic for processions or assemblages; (4) designate particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction; (5) regulate the speed of vehicles in public parks subject to the limitations set forth in Section 11-604 of the Illinois Vehicle Code (625 ILCS 11-604); (6) designate any highway as a through highway, as authorized in Section 11-302 of the Illinois Vehicle Code (625 ILCS 11-302), and require that all vehicles stop before entering or crossing the same or designating any intersection as a stop intersection or a yield right-of-way intersection and requiring all vehicles to stop or yield the right-of-way at one or more entrances to such intersections; (7) restrict the use of highways as authorized in Chapter 15 of the Illinois Vehicle Code (625 ILCS 15-100 et seq.); (8) regulate the operation of bicycles and require the registration and licensing of bicycles, including the requirement of a registration fee; (9) regulate or prohibit the turning of vehicles or specified types of vehicles at intersections; (10) alter the speed limits as authorized in Section 11-604 of the Illinois Vehicle Code (625 ILCS 11-604); (11) prohibit U-turns; (12) prohibit pedestrian crossings at other than designated and marked crosswalks or at intersections; (13) prohibit parking during snow removal operation; (14) impose fines in accordance with Section 11-1301.3 of the Illinois Vehicle Code (625 ILCS 11-1301.3) as penalties for use of any parking place reserved for persons with disabilities, as defined by Section 1-159.1 of the Illinois Vehicle Code (625 ILCS 1-159.1), or disabled veterans by any person using a motor vehicle not bearing registration plates specified in Section 11-1301.1 of the Illinois Vehicle Code (625 ILCS 11-1301.1) or a special decal or device as defined in Section 11-1301.2 of the Illinois Vehicle Code (625 ILCS 11-1301.2) as evidence that the vehicle is operated by or for a person with disabilities or disabled veteran; (15) adopt such other traffic regulations as are specifically authorized by the Illinois Vehicle Code (625 ILCS 1-100 et seq.); (16) enforce the provisions of subsection (f) of Section 3-413 of the Illinois Vehicle Code (625 ILCS 413) or a similar local ordinance; (17) prohibit on private property, the unauthorized use of parking spaces reserved for persons with disabilities; (18) provide for an automated traffic law enforcement system to enforce violations of the Illinois Vehicle Code (625 ILCS 1-100 et seq.) or a similar provision of a local ordinance and imposing liability on a registered owner or lessee of a vehicle used in such a violation; (19) provide by ordinance for a system of administrative adjudication of vehicular standing and parking violations, vehicle compliance violations and automated traffic law violations; (20) provide by ordinance procedures for the release of properly impounded vehicles and for the imposition of a reasonable administrative fee related to its administrative and processing costs associated with the investigation, arrest and detention of an offender, or the removal, impoundment, storage and release of the vehicle; (21) provide by ordinance for an automated speed enforcement system in safety zones; or (22) provide by ordinance for an automated traffic law enforcement system for vehicles approaching, overtaking, and passing a school bus.
WHEREAS, the Village is authorized by Section 20-204 of the Illinois Vehicle Code (625 ILCS 20-204) to adopt by reference all or any portion of the Illinois Vehicle Code (625 ILCS 1-100 et seq.);
WHEREAS, the Village has heretofore adopted various ordinances which have been codified into and form the Code of Ordinances, Village of Brookfield, Illinois;
WHEREAS, the Code of Ordinances, Village of Brookfield, Illinois, has been continually amended over the years; and the corporate authorities of the Village find that it is advisable, necessary and in the best interest of the Village to repeal the Code of Ordinances, Village of Brookfield, Illinois, and adopt a re-codified and amended version of the Code of Ordinances, Village of Brookfield, Illinois;
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Brookfield, Cook County, Illinois, as follows:
Section 1. Recitals. The facts and statements contained in the preambles to this ordinance are found to be true and correct and are hereby adopted as part of this ordinance.
Section 2. Adoption of New Code of Ordinances, Village of Brookfield, Illinois. The following code entitled "Code of Ordinances, Village of Brookfield, Illinois" published by Municipal Code Corporation, consisting of chapters 1 through 62, each inclusive, is hereby approved and adopted in its entirety.
[THE CODE OF ORDINANCES VILLAGE OF BROOKFIELD, ILLINOIS, TO BE INSERTED HERE]
Section 3. Repeal of Former Code of Ordinances, Village of Brookfield, Illinois. All ordinances of a general and permanent nature enacted on or before March 25, 2013, previously included in the Code of Ordinances, Village of Brookfield, Illinois, and all ordinances of a general and permanent nature enacted on or before March 25, 2013, which were not previously included in the Code of Ordinances, Village of Brookfield, Illinois, but were intended by the corporate authorities of the Village to be so codified or recognized and continued in force by reference therein, are repealed as of the effective date of this ordinance.
Section 4. Non-revival. The repeal provided for in Section 3 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.
Section 5. Amendments. Additions or amendments to the Code of Ordinances, Village of Brookfield, Illinois, when passed in such form as to indicate the intention of the corporate authorities of the Village to make the additions or amendments a part of the Code of Ordinances, Village of Brookfield, Illinois, shall be deemed to be incorporated in the Code, so that reference to the Code of Ordinances, Village of Brookfield, Illinois, includes the additions and amendments.
Section 6. Subsequent Adoption. All ordinances adopted after March 25, 2013, that amend or refer to ordinances that have been codified in the Code of Ordinances, Village of Brookfield, Illinois, shall be construed as if they amend or refer to like provisions of the Code of Ordinances, Village of Brookfield, Illinois.
Section 7. Severability. If any provision of this ordinance, or the application of any provision of this ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision or application of such provision is severable, unless otherwise provided by ordinance.
Section 8. Effective Date. This Ordinance shall take effect ten (10) days following its passage, approval and publication in pamphlet form as provided by law.
ADOPTED this 16th day of December 2013, pursuant to a roll call vote as follows:
AYES: Trustees Evans, Ryan, Hall and President Ketchmark
NAYS: None
ABSENT: Trustees Garvey, Gilhooley and Oberhauser
ABSTENTION: None
APPROVED by me the 16th day of December 2013. _____
Kit P. Ketchmark,
President of the Village of Brookfield, Cook County, IllinoisATTESTED and filed in my office and published in pamphlet form this 16th day of December 2013. _____
Catherine Colgrass-Edwards,
Clerk of the Village of Brookfield,
Cook County, Illinois