HomeMy WebLinkAboutOrdinances - 23-71 - 12/29/2023 - Chartered Transportation Drop-Off CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 23-71
AN ORI)INANCE AMENDING THE CITY'S CODE TITLE 4: BUSINESS AND
LICENSE REGULATIONS, TO CREATE A NEW CHAPTER 14: CHARTERED
TRANSPORTATION DROP-OFF LICENSE, AMENDING TITLE 7, CHAPTER
10: VEHICLE IMPOUNDMENT, AND AMENDING TITLE 15: FINES,
PENALTIES,AND FEES
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
December 29, 2023
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 29th day of December 2023
ORDINANCE 23-71
AN ORDINANCE AMENDING THE CITY'S CODE TITLE 4: BUSINESS AND
LICENSE REGULATIONS, TO CREATE A NEW CHAPTER 14: CHARTERED
TRANSYORTATION DROP-OFF LICENSE,AMENDING TITLE 7, CHAPTER 10:
VEHICLE IMPOUNDMENT,AND AMENDING TITLE 15: FINES,PENALTIES,AND
FEES
WHEREAS,the City of McHenry,McHenry County, Illinois, is a home rule municipality
as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of t}iis Ordinance constitutes an exercise of the City's home rule powers and functions as
granted in the Constitution of the State of Illinois;
WHI:REAS, the immigration crisis in the United States involving a large influx of
refugees and immigrants without family,jobs, housing or other resources has placed a significant
demand on the resources needed to support these individuals in the communities in which they
have arrived;
WHEREAS, some bus services have been retained to drop off large numbers of these
individuals — including children -- without warning at unpredictable hours and in all weather
conditions in a manner that leaves the individuals exposed to great risks, and the communities in
which they arrive unprepared to assist them adequately;
WHI�:REAS, the City of McHenry cannot safely and effectively address a sudden and
unexpected arrival of large volumes of individuals in need of assistance without careful planning
and resources;
WHF.REAS, in coordination with McHenry County and neighboring municipalities, the
City has identified resources to assist these individuals, but has determined that all parties will be
better served by advance planning and coordinated efforts to help these individuals arrive in
locations where services are available to them; and
WH�:REAS, the City Council has confirmed that it is in the bests interests of the health,
safety and welfare of the City and its residents to coordinate the arrival of any large influx of
refugees or i�nmigrants, rather than responding on an emergency basis to unexpected drop-offs at
all hours of the day or night and in all weather conditions.
NOW THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
MCHENRY, McHenry County, Illinois, as follows:
SECTION 1: The foregoing recitals shall be and are hereby incorporated as findings of
fact as if said recitals were fully set forth herein.
SECTION 2: Title 4: Business and License Regulations, shall be amended to create a new
Chapter 14: to be entitled "Chartered Transportation Drop-0ff License"that shall provide as
AN ORDINANCE AMENDlNG THE CITY'S CODE AT TITLE 3,TO CREATE A NEW CHAPTER 11,REQUIRING COORDINATION
WITH THE CITY TO MANAGE THE UNSCHEDULED DROP-OFF OF LARGE GROUPS IN THE CITY
Page 1
follows:
TITLE 4. BUSINESS AND LICENSE REGULATIONS
CHAPTER 14: CHARTER TRANSPORTATION DROP-OFF LICENSE
4-14-1 Applicability.
This article applies to all persons engaged in the operation of Commercial Motor Vehicles, which
involve the disembarking of six(6)or more passengers, including the driver, in the City,other than
on a predictable and recurring basis,that do not follow a schedule that is published in advance and
available to the public, or do not provide service open to the public, in exchange for paying a fare
("Drop Off Commercial Motor Vehicles").
"Commercial motor vehicle" as used in this Title 4, Section 14-1, means a self-propelled vehicle,
of any make, model, or size, used on public streets, highways, and property, in interstate and
intrastate commerce,to transport six(6) or more passengers, including the driver.
This article does not apply to school bus service or other bus services providing local services to
educational institutions, nor shall it apply to the disembarking of passengers arriving in the City
for purposes of participating in a City sponsored event, a commercial undertaking at a City
business or businesses, or a private event sponsored by an individual or individuals such as a
wedding or party for which transportation has been arranged. The intent of this Chapter is to
protect the health, safety, and welfare of the City and its residents, by ensuring that when large
numbers of individuals are dropped off in the City without housing or other resources, that the
resources necessary to address such populations are in place and that the City is prepared to
respond to an influx of a population in need of housing or other services.
4-14-2 Requirement to Coordinate Drop-Offs with the City.
(a) Application to Coordinate Drop-off Required. The owner, operator, or driver of any Drop Off
Commercial Motor Vehicle shall file an application with the City's Administration Department.
The completed application shall contain all required information set forth in subsection (b)herein
and shall be submitted at least five(5)calendar days prior to the date of the proposed disembarking
date.
(b) Information Required in Application to Coordinate Drop-Off. The Deputy City Clerk or
designee shall prepare an application form which shall, at a minimum, require the following
information:
(1)The full name, full address, and land-line and mobile telephone numbers of the owner,
operator, and driver of the Drop Off Commercial Motor Vehicle.
(2) The full name, full address, mobile and land-line telephone numbers of the entity or
AN ORDINANCE AMENDING THE CITY'S CODE AT TITLE 3,TO CREATE A NEW CHAPTER 11,REQUIRING COORDINATION
WITH THE CITY TO MANAGE THE UNSCHEDULED DROP-OFF OF LARGE GROIIPS IN THE CITY
PRge 2
individuals that have either directed,paid for, or financed the transport of persons who will
disembark in the city.
(3) 7'he name, address, or location in the city at which the applicant proposes to allow
passengers to disembark.
(4) The date and time at which the applicant's passengers will disembark in the city
whicl� shall be from 7:00 a.m. to 4:00 p.m. on a Monday through Friday, excluding any
federal, state, or city holidays.
(5) The name and address of all locations from which all the passengers are being picked-
up for transport to the city.
(6) While not required, applicants are encouraged to provide a detailed plan identifying
how the disembarking passengers will be cared for, housed, and fed, either temporarily or
permanently, upon disembarking in the city. Please include the full names, full addresses,
and landline and mobile telephone numbers of all persons who will be present at the date
and time of the disembarking and responsible for the care, housing and feeding of the
passengers.
(7) Any additional information the Deputy City Clerk may require, provided that such
infonnation is related to the intent of this Chapter as described in Title 4: Chapter 14.
(c) Review of Application to Coordinate Drop-0ff.
(1) Subject to the provisions of subsection (c)(2), below, upon receipt of an application
pursuant to this Chapter, the Deputy City Clerk shall verify its truth and authenticity. If
the application is not complete,the Deputy City Clerk 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 Deputy City Clerk shall inform the applicant
that the application is approved for the stated location, date and time, unless the Deputy
City Clerk has received bona fide information that the application contains materially false
infonnation or unless the Deputy City Clerk proposes an alternative date,time, or location
pursuant to subsection(c)(2), below.
(2) The Deputy City Clerk may propose an alternative date and time if the Clerk finds that
the interests of the health, safety and welfare of the City may be compromised by the
originally proposed location, date and time, provided that such alternative location, date
and time shall not be more than 24 hours before or after the proposed date and time. The
Deputy City Clerk may also propose as an alternative location for any drop-off, the City's
train station to ensure that any individuals dropped off by the bus have ready access to
alternative means of transportation. Any applicant who does not accept a proposed
alternative date,time or location may appeal the decision to the City Council.
(3) Upon approval of an application, the Deputy City Clerk shall provide the applicant,
or a person designated thereby, with a written one-time permit at no cost and with a
telephone number to coordinate the arrival of the motor vehicle in the city.
AN ORDINANCF AMENDING THE CITY'S CODE AT TITLE 3,TO CREATE A NEW CHAPTER 11,REQUIRING COORD7NATION
WITN THE CITY TO MANAGE THE(7NSCHEDULED DROP-OFF OF LARGE GROUPS IN THE CITY
Page 3
(4) If the Deputy City Clerk denies an application made under this Chapter,the Clerk shall
reduce their findings to writing and transmit the same to the applicant within five (5)
calendar days. The applicant may submit a new application or may appeal the decision to
the City Council.
(5) Disqualification. The Deputy City Clerk shall not approve an application from any
person who has supplied materially false or misleading information in connection with an
application made under this article.
4-14-3 Penaltv.
Any person,corporation,firm,or partnership found guilty of violating any provision of this chapter
shall be fined according to the Fines and Penalties found in Title 15,Chapter 1:Fines and Penalties,
and be responsible for the City's cost of prosecution, including reasonable attorney fees. Each day
that a violation continues shall be considered a separate offense.
See also Title 7, Chapter 10 of the City Municipal Code regarding vehicle impoundment.
SECTION 3: Title 7, Chapter 10: Vehicle Impoundment, Section 2: Violations, shall be
Amended by adding Subsection P. as follows:
7-10-2: Violations
P. Operation or use of a commercial motor vehicle in violation of Municipal
Code: Title 4: Business and License Regulation, Chapter 14: Charter Transportation Drop-off
License
SECTION 4: Title 7, Chapter 10: Vehicle Impoundment, Section 4: Preliminary Hearing,
Subsection C: Probable Cause; Continued Impoundment, shall be amended as follows:
C. Probable Cause; Continued Impoundment: If, after the hearing,the Chief of Police or
the Chief's designee determines there is probable cause to believe that the vehicle is subject to
seizure and impoundment pursuant to this chapter, the continued impoundment of the vehicle
shall be ordered as provided herein unless the vehicle owner posts:
l. Violations of 7-10-2, Section A through O
Five hundred dollar($500.00) cash bond to the City for a violation of sections 7-10-2: A
through O and pays the towing agent any applicable towing and storage fees, or
2. Violation of 7-10-2, Section P
Post a Ten thousand dollar($10,000) cash bond (to be applied towards any penalty
imposed)to the City for violation of Municipal Code: Title 4: Business and License
Regulation, Chapter 14: Charter Transportation Drop-off License and pays the towing
agent any applicable towing and storage fees.
AN ORDINANCE AMENDING THE CITY'S CODE AT TTTLE 3,TO CREATE A NEW CHAPTER 11,REQUIRING COORDINAT[ON
W/TH THE CITY TO MANAGE THE UNSCHEDULED DROP-OFF OF LARGE GR0C7PS IN THE CITY
PRge 4
SECTION 5: Title 7, Chapter 10: Vehicle Impoundment, Section 6: Posting of Bond,
Subsection A: Vehicle Release, shall be amended as follows:
A. Vehicle Release:
If a five hundred dollar($500.00)bond is posted with the Police Department, for a
violatian of sections 7-10-2: A through O,the impounded vehicle shall be released to the
owner of record. However,the vehicle owner shall remain liable to the towing agent for
any applicable towing or storage fees.
If a ten thousand dollar($10,000) bond is posted with the Police Department, for a
violation of Title 4: Business and License Regulation, Chapter 14: Charter Transportation
Drop-off License the impounded vehicle shall be released to the owner of record.
However, the vehicle owner shall remain liable to the towing agent for any applicable
towing or storage fees.
SECTION 6: Title 7, Chapter 10: Vehicle Impoundment, Section 7: Pending Forfeiture
Proceedings, shall be amended as follows:
When a vehicle is the subject to forfeiture proceedings by the City,the owner shall not be
permitted to post the cash bond and pay the towing and storage charges for release of the
vehicle until the forfeiture proceedings have concluded. In the event forfeiture of the
vehicle is granted by the court,these impoundment proceedings shall be dismissed.
SECTION 7: Title 15-1-1: Fines and Penalties Table, shall be amended as follows:
4-14-2 shall be added as follows:
Col A Col B
4-14-2 Chartered Transportation Drop-Off License $10,000 must appear
SECTION S: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain
and continue in full force and effect.
SECTION 9:All ordinances or parts of ordinances in conflict herewith are hereby repealed
to the extent of such conflict.
SEC'I'ION 10: This Ordinance shall take effect immediately upon its passage and
publication in pamphlet format, which is hereby authorized, due to the urgency of implementing
an immediate regulation of unscheduled chartered transportation and drop-off of passengers in the
City.
AN ORDINANCF.AMENDING THE CITY'S CODE AT TITLE 3,TO CREATE A NEW CHAPTER 17,REQUIRING COORDINATION
W'/TH THE CITY TO MANAGE THE UNSCHEDULED DROP-OFF OF LARGE GROUPS IN THE CITY
Pnge 5
Ayes: Santi, Glab, McClatchey, Bassi, Strach, Koch, Miller
Nays:
Abstentions:
Absentees:
. APPROVED:
�� u:
R�,; � '��'�a•�:.:
�" `�';"�,� 's
: o�..��.� �.,� :
'`•,. , ,�.� --- r ;� Mayo a ne Je t
(S��)�`°yeY,s,��=°�;.� �a:�
! IH��Na• Rt`:i•
��tf9�r��� .
`i j y�f9de9�..�},�
•�.7Lcu.G�•°
ATTEST:
/Y" `�- �.
Deputy City Clerk
Passed: December 29, 2023
Approved: December 29, 2023
Published: December 29, 2023
AN ORDINANCE AMEND7NG TKE CITY'S CODE AT TITLE 3,TO CREATE A NEW CHAPTER II,REQUIRlNG COORDINATION
WITH THE CITY TO MANAGE THE UNSCHEDULED DROP-OFF OF LARGE GROUPS IN THE CITY
Page 6
CERTIFICATION
I, Monte Johnson, do hereby certify by my signature affixed below that I am the duly
appointed and qualified Deputy City Clerk of the City of McHenry, County of McHenry, Illinois,
and that as such clerk, I am the keeper of the ordinances, records, corporate seal and proceedings
of the Mayor and City Council of said City of McHenry.
I do hereby further certify that at a meeting of the Mayor and City Council of the City of
McHenry, McHenry County, Illinois, held on the 29th day of December, 2023 the foregoing
ordinance, Ordinance No. 23-71, "AN ORDINANCE AMENDING THE CITY'S CODE TITLE
4: BUSINESS AND LICENSE REGULATIONS, TO CREATE A NEW CHAPTER l4:
CHARTERF;D TRANSPORTATION DROP-OFF LICENSE, AND AMENDING TITLE 7,
CAHTPER ]0: VEHICLE IMPOLJNDMENT was passed and approved.
I do iurther certify that said Ordinance was duly published on the 29th day of December,
2023 in pamphlet form.
IN W ITNESS WHEREOF, I have set my hand and caused to be affixed the seal of the City
of Woodstock,McHenry County, Illinois on the 29th day of December, 2023.
l�►�•�'. Ci.
Monte Johnson, Deputy City Clerk
AN ORDlNANC�'AMEND/NG TNE CITY'S CODEAT TITLE 3,TO CREATEA NEW CHAPTER Il,REQUIRING COORDINATION
WI TH THE ClTY TO MANAGE THE(INSCHEDULED DROP-OFF OF LARGE GROUPS IN THE CITY
Page 7