[Adopted 12-13-2017 by Ord. No. 17-065]
For the purposes of this article, the following words, terms,
phrases and their derivatives shall have the meanings set forth in
this section. When not inconsistent with the context, the present
tense shall include the future tense; the plural shall include the
singular number and the singular number shall include the plural number.
Additionally, this article shall be called and may be cited as the
"Park Rules and Regulations Ordinance of the Village of Homer Glen,
Illinois," and is referred to herein as "this article."
BOARD
The Village Board of the Village of Homer Glen, Illinois.
COMMERCIAL SOLICITATION
Any one or more of the following activities, not done for
charitable purposes, by a person on Village park property:
A.
The sale of, or seeking to obtain orders for, or the purchase
of goods, wares, merchandise, foodstuff or services of any kind, character
or description, for any kind of consideration whatsoever;
B.
The sale of, or seeking to obtain prospective customers for,
any application or purchase of insurance of any type, kind or character;
and
C.
The sale of, or seeking to obtain subscriptions to, books, magazines,
periodicals, newspapers of any type, kind, or publication.
HEROES TRAIL SYSTEM
The Village-developed and -designated multi-use trail system
that exists on public property, or property owned by ComEd or any
affiliate company of ComEd.
ILCS
Illinois Compiled Statutes.
MANAGER
The Village Manager of the Village of Homer Glen.
MULTI-USE PARK TRAIL
Any paved area within a Village park that serves as a means
of nonvehicular access within or through a park site. This does not
include parking lots, skate parks, shelter pads, sidewalks and mowed,
wood-chip or gravel pathways.
PARADE
Any march or other organized movement of persons from place
to place, or about a place.
PERMIT
Written authorization issued by, or under the authority of,
the Village to a person or persons to engage in a particular act or
acts on Village park property, or on the Heroes Trail System, subject
to the terms and conditions specified in the permit.
PERSON
Any natural person and every firm, partnership, limited-liability
company, association, corporation or entity of any kind or any employee,
agent, or officer thereof, except the Village and any authorized officer,
employee (full- or part-time, regular or temporary) or agent of the
Village when acting within the scope of his or her authority. When
"person" is used in conjunction with a restriction on age, it means
a natural person.
PUBLIC ASSEMBLY
Any meeting, demonstration, picket line, or congregation
of persons on the public right-of-way or on Village park property
for a common purpose. This does not include picnics, athletic or sporting
events.
RELIGIOUS SOLICITATION or CHARITABLE SOLICITATION
A request by a person on Village park property, directly
or indirectly, for money, credit, property, financial assistance,
or any other thing of value to be used for a religious or charitable
purpose, including, but not limited to:
A.
Any oral or written request.
B.
The distribution, circulation, mailing, posting or publishing
of any handbill, written advertisement or publication.
C.
The public making of any announcement concerning an appeal,
assemblage, athletic event, bazaar, benefit, campaign, contest, dance,
drive, entertainment, exhibition, exposition, party, performance,
picnic, sale, or social gathering to be held within Village park property,
which the public is requested to patronize, or to which the public
is requested to make a contribution for any religious or charitable
purpose connected therewith.
D.
The sale of, or attempt to sell, any advertisement, advertising
space, book, card, chance, coupon, device, magazine, membership, merchandise,
subscription, ticket or any other thing in connection with any religious
or charitable purpose.
SERVICE DOG
Any dog that has successfully completed commonly recognized
training to assist a physically disabled or handicapped person.
SMOKING
The lighting of cigarettes, cigars, or pipes, the carrying
of lighted cigarettes, cigars or pipes, or the intentional and direct
inhalation of smoke from cigarettes, cigars or pipes.
VEHICLE
Any device or instrumentality used or designed for the transportation
of people, animals, plants or inanimate objects, whether motor-powered
or not, including any tractor of any size, kind or description. This
does not include baby carriages or bicycles when properly used on
walks, nor does it include vehicles in the service of the Village.
VILLAGE
The Village of Homer Glen, Illinois.
VILLAGE PROPERTY
All the property, real and personal, of every kind and description
owned, leased or licensed by, or otherwise in possession or under
the control of, the Village.
WORK PERMIT
Written authorization issued by or under the authority of
the Village to a person or persons to engage in work on Village park
property, subject to the terms and conditions specified in the work
permit.
A. Construction. In the interpretation of this article, its provisions
shall be construed as listed below:
(1) Where context permits, words in the masculine gender shall include
the feminine and neuter genders. Words in the singular number shall
include the plural number.
(2) The word "shall" is always mandatory.
(3) No provision hereof shall make unlawful any act necessarily performed
by an officer, employee or agent (including any police officer) of
the Village, when acting within the scope of his or her authority
or in his or her line of duty or work as such or any other person
summoned by any such person to assist him or her in such endeavor.
(4) This article is in addition to and supplemental to all applicable
local, state and federal laws and ordinances, including, and without
limitation, the Illinois Municipal Code (65 ILCS 5/1-1-1 et seq.).
The meaning of any term, phrase or word not otherwise defined in this
article shall be construed and interpreted to mean the same as said
term, phrase or word is otherwise defined, construed or interpreted
in such applicable local, state, and/or federal law or ordinance.
(5) The descriptive headings of the various sections or parts of this
article are for convenience only and shall not affect the meaning,
construction, or interpretation of any of the provisions of this article.
(6) An attempt to commit an act or engage in an activity that is prohibited
herein shall be treated in the same manner as the commission of such
act and subject to the same penalties, unless otherwise required by
local, state, or federal law.
B. Scope. This article shall apply to and be enforceable within and
upon all Village park property and the multi-use Heroes Trail System,
and shall regulate the use thereof by all persons.
A. Hours of operation. All Village parks shall open at dawn. All Village
parks shall close at dusk except lighted athletic fields and lighted
tennis courts that remain open no later than 11:00 p.m. The Manager
is authorized to make extensions to these hours as necessary to the
daily operations of the Village parks. The Heroes Trail System's use
during nondaylight hours is limited to passage from one point to another
point and does not allow for any other activities to occur on or near
the Heroes Trail System during nondaylight hours.
B. Special closings. The Manager may close Village park property or
any parts thereof to the public at any time and for any interval of
time, entirely or merely for certain uses, as deemed reasonably necessary
and in the best interest of the Village.
A. Entering prohibited areas. No person shall enter upon any portion
of the Village park property or Heroes Trail System where persons
are prohibited from going by direction of the Board or Manager, as
indicated by sign or notice.
B. Entering areas under construction or repair. No person, except as
authorized by the Village, shall enter upon any part of the Village
park property or Heroes Trail System that is under construction or
closed for the purpose of repair or maintenance.
C. Entering building or areas closed to public or scheduled for specific
group or activity. No person shall enter any building or area of Village
park property when it is closed to the public. No person shall enter
any building or area in any Village park which is reserved or scheduled
for a specific group or activity, unless such person is invited by
the person responsible for such activity and, if applicable, such
person has paid all appropriate admission fees.
D. Playgrounds designated for persons under 12 years of age. No person
12 years of age or older shall use playground equipment designed for
persons under the age of 12 years.
No person shall walk, act, or behave on any portion of Village
park property designated for a particular game, sport, event, activity,
or amusement in such a way as to interfere with the use of such portion
by other persons who are properly using the same portion for the particular
sport, event, activity, game or amusement for which it has been designated,
nor shall any person unreasonably disturb or interfere with any person
occupying any area or participating in any activity under the authority
of a permit. No person shall limit or block access to Village park
property or the Heroes Trail System. No person shall engage in any
activity on Village park property or the Heroes Trail System in a
manner intended or likely to endanger, injure, or damage persons or
property in any way.
Unless authorized by a Village Board contract, or by Manager
authorization, no person shall enter in or on Village park property
to engage in any activity listed below:
A. Destroy, kill, cut, break, deface, mutilate, injure, disturb, sever
from the ground or remove any sod, earth, stone, mineral, fossil,
or growing thing, whether living or dead, including but not limited
to any plant, flower bed, shrub, tree, turf, grass, growth, or any
branch, stem, fruit, or leaf thereof; or bring into or have in his
or her possession in or on Village property any tool, instrument or
chemical intended to be used for the foregoing, or any garden or agricultural
implements or tools which could be used for the foregoing.
B. Burn any trees, shrubs, plants, flowers, grass, turf, plant growth
or timber on Village park property.
C. Go upon any lawn, grass plot, planted area, tree, shrub, monument,
fountain, sculpture, or structure where access is prohibited by signs
or symbols which are posted, displayed, or where access is restricted
by fence or other physical barrier.
D. Cut, break, injure, damage, deface, destroy or alter any building,
fence, monument, sculpture, bridge or other structure, or property
contained therein.
E. Operate or drive any vehicle of any kind in or on Village park property
or on the Heroes Trail System in places other than roadways or in
such a manner as to cause the same to collide with, run against, strike
or cause to strike, injure, deface, or damage any appurtenance of
any kind on Village park property or on the Heroes Trail System.
F. Fasten any animal, or attach any rope, sign, handbill or other thing
to any structure, tree, or shrub, or to any protective device around
any tree or shrub growing in the Village park property.
G. Allow any animal to injure or deface any Village park property.
H. Fasten any bicycle, motorcycle, moped, or other vehicle to any Village
park property or on the Heroes Trail System or leave the same standing
so as to injure any Village park property or the Heroes Trail System,
including, but not limited to, any tree, shrub, lawn or grass plot,
or on any property or any appurtenance of any kind.
I. Deface, destroy, cover over or otherwise make unreadable any warning
or prohibitory sign or symbol located on Village park property or
on the Heroes Trail System.
J. Mark, carve, bend, cut, paint, deface, break down, destroy, damage,
alter, change, sever, uproot, excavate, remove, attach or suspend
any rope, wire or other material or contrivance to or from any Village
park property.
K. Climb upon, hang from, stand or sit on any plant, fence, structure
or other Village park property of any kind except such benches or
property designed or customarily used for such purpose.
L. Plant any plant or fungus on Village park property.
M. Bury, affix or place on, in or under Village park property boxes,
tables, cans or other storage containers (the phrase "place on" shall
not mean a momentary or temporary locating of an object where the
person so placing the object remains in the vicinity and clearly intends
to remove the object).
No person shall interfere with or obstruct any officer, agent,
employee or contractor of the Village while engaged in constructing,
repairing or maintaining any Village park property or the Heroes Trail
System; nor shall any person solicit any officer, agent, employee
or contractor of the Village while such person is on duty.
No alcoholic beverages shall be sold, possessed, given away,
delivered, or consumed on Village park property or on the Heroes Trail
System, except pursuant to a permit or as otherwise authorized by
the President and Board.
No person shall at any time bring onto, carry, have in his or
her actual or constructive possession, or on or about his or her person,
or use, fire, set off, cause to explode, discharge, burn, or throw
onto Village park property or on the Heroes Trail System any knife,
firearm, pistol, revolver, rifle, air gun, pellet gun, bow and arrow,
slingshot, blackjack, billy club, any weapon capable of discharging
a projectile by air, spirit gas, or explosive substance, rocket, firecracker
or other firework, missile, liquid or gaseous substance or any other
dangerous weapon.
Smoking or any use of any tobacco product is prohibited in all
facilities owned, administered, leased, licensed by, or otherwise
in the possession or control of the Village. Smoking is prohibited
in all vehicles, equipment, and property owned, leased or otherwise
in the possession or under the control of the Village. Smoking is
prohibited in all areas on Village park property, and in or at all
other locations where signs are posted prohibiting smoking. Smoking
in any area not prohibited by this section shall, in all respects,
comply with Illinois state law.
No person on Village park property or on the Heroes Trail System
shall commit an act of public indecency as defined in the Illinois
Criminal Code of 2012 (see 720 ILCS 5/11-30).
No person on Village park property or on the Heroes Trail System
shall commit disorderly conduct as defined in the Illinois Criminal
Code of 2012 (see 720 ILCS 5/26-1 et seq.).
No person on Village park property or on the Heroes Trail System
shall commit gambling as defined in the Illinois Criminal Code of
2012 (see 720 ILCS 5/28-1 et seq.).
No person on Village park property or on the Heroes Trail System
shall commit a battery against another person, as defined in the Illinois
Criminal Code of 2012 (see 720 ILCS 5/12-3 et seq.).
Consistent with state law and at the approval of the Board or
Manager, the Village may authorize the placement of video cameras,
video monitoring equipment and recording devices for the purpose of
protecting Village park property and the Heroes Trail System. To the
extent required by state law, signs will be present and posted at
these sites notifying the general public of this policy.
A. No person shall paint, write on, mark, deface, post, or otherwise
affix, any printed or written words, symbols, materials or other marks
upon Village park property or on the Heroes Trail System, or any object
located on Village park property or on the Heroes Trail System, unless
a permit has first been obtained from the Board or Manager.
B. No person may erect or place any sign on Village park property or
on the Heroes Trail System unless a permit has first been obtained
from the Village. This prohibition shall apply, without limitation,
to signs promoting or opposing any candidate for public office or
any public question, and signs advertising real or personal property
for sale or employment opportunities.
C. The Village may remove any printed or written word, symbol, material,
sign or other mark found posted or otherwise affixed upon any Village
park property or on the Heroes Trail System or any object located
on Village park property or on the Heroes Trail System in violation
of the provisions of this section. Any item removed by the Village
will be considered abandoned property and will be disposed of immediately
by the Village. The person responsible for any such defacing, writing
or posting shall be liable for the cost incurred in the removal thereof,
in addition to and including any fines levied for the offense.
The following athletic or sport activities may only be pursued
in designated areas within the Village park property. No person shall
engage in any other athletic or sport activity in an area specifically
identified as being for the following restricted uses.
A. Skating, sledding, tobogganing, skiing, sliding and similar activities.
No person shall skate, sled, toboggan, ski, slide or engage in similar
activities on Village park property at locations and during times
when prohibited.
B. Bicycling on Village park property (does not include the Heroes Trail
System).
(1) The operator of a bicycle emerging from a driveway or building shall,
upon approaching a sidewalk or the sidewalk area extending across
any driveway, yield the right-of-way to all pedestrians approaching
on said sidewalk or sidewalk area, and upon entering the roadway shall
yield the right-of-way to all vehicles approaching on said roadway.
(2) No person shall ride a bicycle on any street or path where signs
are posted prohibiting riding bicycles on those streets or paths.
(3) Bicycles shall not, at any time, in any place, be parked by anyone
in such a manner as to obstruct or interfere with pedestrians or vehicular
traffic. No person shall leave a bicycle lying on the ground or pavement,
or set against trees, or otherwise in a place other than a bicycle
rack, when a bicycle rack is provided and there is space available.
(4) All bicycles, when operated on roadways, park paths, or sidewalks,
shall be kept to the right and shall be operated as nearly as practicable
to the right-hand edge of the roadway, park path or sidewalk.
(5) No person shall operate a bicycle faster than is reasonable and proper,
and every bicycle shall be operated with reasonable regard for the
safety of the rider and of other persons and property.
(6) Every person operating a bicycle within or on Village park property
shall observe all traffic rules and regulations applicable to motor
vehicles under this article, except those provisions of this article
which by their nature can have no application and except as otherwise
provided by this section.
C. Bicycling on Heroes Trail System.
(1) The operator of a bicycle emerging from the paved Heroes Trail System
shall, upon approaching a sidewalk or a roadway, yield the right-of-way
to all pedestrians approaching on said sidewalk or sidewalk area,
and upon entering the roadway shall yield the right-of-way to all
vehicles approaching on said roadway.
(2) No person shall operate a bicycle on the Village's Heroes Trail System
before dawn or after dusk without:
(a)
A clear, white, properly lighted headlight, visible under normal
atmospheric conditions from the front at a distance of at least 500
feet, and firmly attached to the bicycle; and
(b)
Without a red reflector firmly attached to the bicycle, which
is clearly visible in the headlight beam of an automobile for a distance
of 500 feet to the rear of the bicycle.
(3) No person shall ride a bicycle on any street or path where signs
are posted prohibiting riding bicycles on those streets or paths.
(4) Bicycles shall not, at any time, in any place, be parked by anyone
in such a manner as to obstruct or interfere with pedestrian or bike
traffic on the Heroes Trail System. No person shall leave a bicycle
lying on the ground or pavement, or set against trees, benches, or
any other fixture, or otherwise in a place other than a bicycle rack,
when a bicycle rack is provided and there is space available.
(5) All bicycles, when operated on the Heroes Trail System, shall be
kept to the right and shall be operated as nearly as practicable to
the right-hand edge of the path.
(6) No person shall operate a bicycle faster than is reasonable and proper,
and every bicycle shall be operated with reasonable regard for the
safety of the rider and of other persons and property on the Heroes
Trail System.
(7) Every person operating a bicycle within or on the Heroes Trail System
shall observe all traffic rules and regulations applicable to motor
vehicles under this article, except those provisions of this article
which by their nature can have no application and except as otherwise
provided by this section.
D. Golf. No person shall play or practice golf on Village park property,
except when involved in an established golf program under the supervision
and direction of the Village, or in an area designated for the playing
and practicing of golf.
A. No person shall chase, trap, wound, kill, trap cruelly, or attempt
to trap, catch, wound or kill any amphibian, reptile, bird or mammal
on Village park property. No person shall bring any mammal, amphibian,
reptile, bird, fish or other animal on Village park property, except
dogs, which shall at all times be on a leash and under control. Any
unleashed dog found on Village park property may be apprehended by
the proper authorities or authorized personnel and removed to an animal
shelter, public pound or other place available for said purposes and
impounded at the expense of the animal's owner and/or the person who
brought said animal onto Village property. No person shall permit
any pet in his or her custody to enter upon or remain upon any area
of a park utilized as a nonturf area, including but not limited to
baseball infields, volleyball courts, basketball courts and tennis
courts, children's play areas, playgrounds, washroom facilities, drinking
fountains or other areas as posted to prohibit pets. The person accompanying
the dog shall immediately clean up and remove any excrement from the
dog. Persons must at all times have in their immediate possession
a device for the removal of the excrement and a depository for the
transmission of the excrement to a receptacle located upon, owned
or possessed by the person, or in park receptacles, provided the excrement
is secured in a proper depository container such as a plastic bag.
However, nothing in this article shall prohibit a service dog assisting
a physically disabled or handicapped person from entering or remaining
at any location in or on Village park property or the Heroes Trail
System. It is expected that sight-impaired individuals will make every
effort to immediately clean up after their service dog; however, the
failure to do so shall not be deemed a violation of this article,
unless such sight-impaired individual is accompanied by a nonimpaired
person. In such event, the person accompanying the sight-impaired
person shall be liable under the provisions of this section. The Manager
is authorized to waive these requirements, at his or her discretion.
B. Any animal found on Village park property or the Heroes Trail System
in violation of this section may be apprehended by the proper authorities
or authorized personnel and removed to an animal shelter, public pound
or other place provided for that purpose pursuant to the applicable
laws or ordinances of the Village of Homer Glen and/or Will County.
It shall be unlawful for any person to stand or remain idle,
either alone or in consort with others, on Village park property in
such a manner as to:
A. Obstruct or block any driveway, public sidewalk, trail, or access
to any other public place or building by interfering with or impeding
the free and uninterrupted passage of vehicles, traffic or pedestrians;
or
B. Commit any act or place any object in or upon any driveway, public
sidewalk, trail, or access to any other public place or building which
is an obstruction to or interference with the free and uninterrupted
use of property or ingress to and egress from such driveway, public
sidewalk, trail, or access to any other public place or building.
A. No person shall sleep on benches, sidewalks, parking lots, tables,
playgrounds or playground equipment, stairways, doorways or rooms
of Village park buildings or other Village park property or the Heroes
Trail System in a manner which unreasonably obstructs, interferes
with or impedes the movement of other persons or their access to or
use of any such location, equipment or facility.
B. No person shall remain overnight on Village park property or the
Heroes Trail System unless a permit has first been obtained from the
Village.
A. No person shall litter, cast, throw, drop, place, lay or otherwise
deposit, leave or scatter any placard, handbill, pamphlet, circular,
book, notice or paper of any kind, or place, pile or otherwise dump,
leave or deposit in any manner any kind of dirt, rubbish, refuse,
ashes, garbage, waste material, snow, ice, or other substance or material
of any kind, whether liquid, solid or gas, on, over or in any Village
park property except as specifically permitted by the Village; nor
shall any person spit upon or otherwise defile Village park property,
except that paper, glass, cans, garbage and other refuse resulting
from picnics or other lawful use of Village park property may and
shall be deposited in receptacles provided by the Village for that
purpose. Where receptacles are not so provided, are missing, or are
full to capacity, all such garbage, refuse or other material shall
be carried away from the Village property by the person or persons
responsible for the presence of such material and properly disposed
of elsewhere.
B. Any person violating this section may be assessed the cost to the
Village of removing any such improperly deposited substance or material,
and such charge shall be in addition to and not in lieu of any other
penalties provided for violation of this article.
[Amended 10-24-2018 by Ord. No. 18-055]
No building or other structure, landscape or planting, or any
part thereof, shall extend into, upon or over any part of any Village
park property; provided, however, that pursuant to the requirements
of 50 ILCS 840 et seq., a small wireless facility may be installed
on an existing utility pole, a Village utility pole, or on a wireless
support structure located on a public right-of-way adjacent to Village
park property, or on Village park property. A small wireless facility
to be installed on Village park property shall be subject to the terms
and conditions of a lease or use agreement negotiated between the
wireless services provider and the Village.
The provisions of this section shall not be construed to apply
to emergency, police or fire vehicles or any vehicle owned by the
Village or a Village employee displaying proper identification where
the employee is duly authorized to operate such vehicle at such location.
All vehicles, except police, fire or Village of Homer Glen municipal
vehicles are prohibited from ever driving on any portion of the Heroes
Trail System.
A. Unattended vehicles. No person shall leave a motor vehicle unattended
on any Village park property while the motor of such vehicle is running.
B. Repairs and cleaning of vehicles. No person shall change any parts,
change oil, repair, wash, grease or clean a vehicle on any parking
area in or on Village park property except when such repairing or
cleaning is necessary to ensure good vision, or emergency repairs
are necessary to remove such vehicle from the parking area.
C. Negligent driving.
(1) No person shall drive or operate any vehicle on Village park property
negligently, recklessly or without due caution, or in any other manner
so as to endanger any person or property.
(2) All vehicles shall be driven or operated on the right side of any
roadway open to travel, except when passing other vehicles.
(3) It shall be unlawful to race or drive any vehicle in excess of the
posted speed or, in the absence of posting, in excess of 20 miles
per hour on any roadway within the Village park system.
(4) No person shall fail to observe any traffic signs indicating speed,
direction, caution, stopping, parking, crosswalk lanes, traffic lane
markers and other signs posted by the Village for safeguarding life
and property.
(5) Every driver of a vehicle shall yield the right-of-way to a pedestrian
at any marked crosswalk or within any unmarked crosswalk at any intersection.
Any pedestrian crossing at a roadway at any point other than within
a marked crosswalk or within an unmarked crosswalk at any intersection
shall yield the right-of-way to vehicles upon the roadway. However,
every driver of a vehicle shall exercise due care to avoid colliding
with any pedestrians upon any roadway, shall give warning by sounding
the horn when necessary and shall exercise proper precaution upon
observing any child or any person upon a roadway.
D. Driving areas. No motor vehicles shall be managed, controlled or
operated upon Village park property except over and upon such roadways,
parking lots or other areas designated or marked for use by motor-driven
vehicles, unless permitted by the Manager or his or her designee.
E. Parking.
(1) No person shall park any vehicle or allow any vehicle to remain parked
in any Village park property beyond the normal closing hour except
when a different closing hour has been designated by the Village for
that area, or unless permission has first been obtained from the Village.
In no event shall any vehicle, except Village vehicles, be parked
on Village park property after 11:00 p.m., except with the approval
of the Village, which approval shall automatically be deemed given
in connection with activities conducted by the Village.
(2) No person shall park or place any vehicle on Village property so
as to obstruct or interfere with traffic or travel, or endanger the
public safety, and no person shall stop, park, or place any vehicle
in any of the following places except when otherwise designated, or
when in compliance with the instructions of a police officer or agent
of the Village:
(a)
On the left side of any roadway;
(b)
On the lawn areas and grounds;
(c)
In front of a public or private driveway;
(e)
Within 30 feet of any stop sign or traffic control signal located
at the side of a roadway;
(f)
On the roadway side of any vehicle parked at the edge or curb
of the roadway;
(h)
At any place where official signs or other markings prohibit
parking, or where curbs have been painted yellow; or
(i)
At any place or time where a permit or sticker is required by
the Village for parking unless the required permit or sticker has
been obtained and is displayed on the vehicle.
(3) Whenever any vehicle is parked in violation of the provisions of
this section prohibiting or restricting parking, and there is no person
in attendance upon such parked vehicle to be served immediately with
a notice to appear in court to answer the charge of such violation,
any police officer observing such violation may attach to the vehicle
used in such violation a notification ticket, so that the person in
whose name such vehicle is registered may appear in court on a day
certain, and at a designated courtroom to be named in such notice,
and answer to the charge of such violation. It shall be unlawful for
any person other than the driver of the vehicle to which said notice
is attached to remove the notification ticket from said vehicle.
F. Incorporation of state statutes. In addition to the provisions of
this article, and to the extent not inconsistent therewith, no person
shall operate a vehicle or perform any act in any manner on Village
park property in violation of Chapter 11 of the Illinois Vehicle Code
(625 ILCS 5/11-100 et seq.), which provisions are specifically incorporated
in this article by reference.
No person shall fail to produce or display any permit or pass
required in order to engage in any activity on Village park property
that requires said permit, upon request of any authorized person who
shall desire to inspect the same for the purpose of enforcing compliance
with this article.
A. Any person violating or disobeying any section or part thereof of
this article, or any other ordinance, rule or regulation of the Village,
may be forthwith evicted from Village park property, and may have
admission rights to Village park property terminated, revoked, forfeited
or suspended for any reasonable period of time, including, but not
limited to, the remainder of the relevant program or playing season
(days, weeks, months or years) as determined by the Manager or the
Manager's designee.
B. No person shall, without a permit:
(1) Conduct a public assembly or parade;
(2) Circulate or distribute any leaflets, handbills, notices, pamphlets,
books, documents or papers of any kind in any outdoor facility or
parking lot;
(3) Conduct any exhibit, music or dramatic performance, fair, circus,
concert, play, radio, or television broadcast, other than a news transmission;
(4) Exhibit or display any motion picture, television program or similar
event;
(5) Create or emit any amplified sound, except from a radio, recorder
or other device possessed and used by an individual for his or her
own enjoyment and operated in such a manner so as not to interfere
with the use and enjoyment by any other person;
(6) Place, station, or erect any building, stand, bandstand, stage, tower,
scaffold, sound stage, platform, rostrum, hammock, swing, tent, shelter
or other structure or camping equipment;
(7) Station or use any electrical or electronic device or equipment that
would require outdoor auxiliary power;
(8) Sell, lease, advertise, or offer for sale or lease any goods or services;
(9) Display, post, or distribute any placard, handbill, pamphlet, circular,
book, or other writing containing commercial advertising matter on
Village property;
(10)
Bring, land, or cause to ascend or descend or light on Village
property any airplane, helicopter, flying machine, piloted balloon,
parachute, motorized model aircraft, model rocket or other motorized
apparatus for aviation;
(11)
Use Village property for day camps, instructional classes or
organized groups not sponsored by the Village;
(12)
Create, light, or make use of a fire, including fires in fireplaces,
stoves and pits;
(13)
Sell, bring within, give away, deliver, or consume alcoholic
beverages on Village property; or
(14)
Construct, maintain or use any canopy or tent upon Village property.
A. Filing written application. Any person seeking the issuance of a
permit shall apply for a permit by filing a written application for
permit on a form that shall be prescribed by the Manager. Except as
otherwise provided, applications for permits shall be filed with the
Manager, or designated alternate, at Village Hall.
B. Application fee. For any activity requiring a permit, no permit shall
be granted unless the applicant shall have paid, at the time of filing
an application for a permit, the required application fee in an amount
in accordance with the schedule of fees established by the Village
Board. As permitted by law, fees that are charged to residents of
the Village of Homer Glen need not be the same as fees charged to
nonresidents of the Village.
C. Security deposit. For any activity requiring a permit and, if required
by the Village, no application for permit shall be granted unless
the same shall be accompanied by the deposit of a sum of money equal
to the estimated cost of policing, cleaning up and restoring the Village
property upon the conclusion of the use or activity, as set by the
schedule of fees established by the Village Board. Promptly after
the conclusion of a permit activity, the Village shall inspect the
premises and equipment used by the permittee. If it is determined
by such inspection that the permitted event proximately caused damage
to Village property in excess of normal wear and tear and which requires
repairs in excess of routine maintenance, or determined that fines
may be assessed against the permittee pursuant to this article, the
Village shall retain the security deposit, or any portion thereof,
necessary to pay for the cost of any fines that may be assessed against
the permittee. The Manager or his or her designee shall give written
notice of the assessment of damages or fine that may be assessed and
retention of the security deposit to the permittee by personal delivery
or by deposit via United States Mail, with proper postage prepaid
to the name and address set forth in the application for permit.
D. Indemnification and reimbursement agreement. If required by the Village,
no application for permit shall be granted unless the applicant shall
have executed an agreement with the Village, on a form to be prescribed
by the Manager, in which the applicant shall promise to indemnify
the Village and hold the Village harmless from any liability to any
person resulting from any damage or injury occurring in connection
with the permitted event proximately caused by the action of the permittee,
the sponsoring organization, its officers, employees or agents or
any person under their control insofar as permitted by law.
E. Insurance. If required by the Village, the applicant shall procure
and maintain at all times during its use of Village property insurance
in such amounts and with such coverage as shall reasonably be required
by the Village and shall name the Village as an additional insured
thereunder. The amounts and type of insurance requested shall be determined
by the Manager, based upon the nature of the activity and the risk
involved. The applicant shall provide the Village with a certificate
from its insurer evidencing such coverage prior to applicant's use
of Village property.
A. Order. Applications for permits shall be processed and scheduled
giving preference in the following order to the following activities
and groups, regardless of the order of receipt of fully executed applications:
(1) Village of Homer Glen sponsored and supervised programs and activities;
(2) Homer Glen resident-based not-for-profit community, athletic and
social organizations;
(3) Other units of local government located in Homer Glen;
(4) Village-approved activities sponsored by an individual or group of
Homer Glen residents; and
(5) All others in the order the applications were received.
B. Preliminary approval. Applications for permits for activities or
events which require insurance, approval or permits from other governmental
entities, or compliance with other terms or conditions, will be reviewed
and, if the application otherwise conforms to all other requirements,
a preliminary approval will be issued.
C. Written denials. Except for applications for permits for which preliminary
approvals have been issued, applications for permits shall be deemed
approved subject to insurance requirements as provided in this article.
If no written denial is issued within 21 days of the date on which
the application is fully completed, executed and filed with the Manager
or designated alternate, the Village may extend the period of review
for an additional 21 days by issuance of a written notice of extension.
If, prior to the expiration of the extended review period, no written
denial is issued, the application for permit shall be deemed approved.
D. Notice of extended review or denial of issuance of permit. Written
notice of denial or notice of extension shall be served on the applicant
by personal delivery, or by deposit in United States Mail, with proper
postage prepaid, to the name and address set forth on the application
for permit.
E. Contents of notice; grounds for denial. Notice of denial of an application
for permit shall clearly set forth the grounds upon which the permit
was denied and, where feasible, shall contain a proposal by the Village
for measures by which the applicant may cure any defects in the application
for permit or otherwise procure a permit. Where an application for
permit has been denied because a fully executed prior application
for the same time and place has been received, and a permit has been
or will be granted to the prior applicant authorizing uses or activities
which do not reasonably permit multiple occupancy of the particular
area, the Village shall propose an alternate place, if available for
the same time, or an alternate time, if available for the same place.
The Village may deny an application for permit on any of the following
grounds:
(1) The application for permit is not fully completed and executed;
(2) The applicant has not tendered the application fee, user fee, indemnification
agreement or security deposit or the application fee, user fee, indemnification
agreement or security deposit has not been tendered in a timely manner;
(3) The application for permit contains a material falsehood or misrepresentation;
(4) The applicant or the person on whose behalf the application for permit
was made has, on prior occasions, damaged Village property and has
not paid in full for such damage, or has other outstanding and unpaid
debts to the Village;
(5) A fully executed prior application for a permit for the same time
and place has been received, and a permit has been or will be granted
to a prior applicant authorizing uses or activities which do not reasonably
permit multiple occupancy of the particular park or part thereof;
(6) The use or activity intended by the applicant would conflict with
previously planned programs organized and conducted by the Village;
(7) The proposed use or activity is prohibited by or inconsistent with
the recognized and accepted uses of park or part thereof;
(8) The applicant has not complied or cannot comply with applicable licensure
requirements, ordinances or regulations of the Village concerning
the sale or offering for sale of any goods or services;
(9) The use or activity intended by the applicant is prohibited by law,
by this article, or by another ordinance of the Village establishing
park rules and regulations;
(10)
The applicant has not secured the requisite insurance;
(11)
The applicant or the person on whose behalf the application
for permit was made has on prior occasions made material misrepresentations
regarding the nature or scope of the event or activity previously
permitted or has violated the terms of prior permits issued to the
applicant; or
(12)
The use of a Village park property by an applicant would conflict
with the use of the Village park property by a person or persons given
a higher priority pursuant to this article.
F. Amendment or revision of applications. Any amendment or revision
of an application for permit shall, for purposes of determining the
priority of the application for permit, relate back to the original
filing thereof, but the time in which the Village shall grant or deny
the application for permit and serve notice of such granting or denial
shall be computed from the date of the amendment or revision.
A. Review by Manager and President.
(1) Any applicant who is denied a permit or a permittee who is assessed
damages or a fine pursuant to this article may, within seven days
of the service of notice of such determination, file a written appeal
from such determination with the President.
(2) The Manager shall provide the permittee said notice regarding the
date on which the appeal was reviewed by the President and the Manager
shall provide the applicant or permittee a notice that the President
has affirmed, modified, or reversed the denial.
(3) Such notice shall be deemed served upon the applicant or permittee
when it is personally delivered or when it is sent via United States
Mail, with proper postage prepaid, to the name and address set forth
on the application for permit.
B. Waiver of requirements. Any requirements for a limitation upon a
permit or the requirement of permit may be waived by the Manager if
the activity is protected by the First Amendment of the United States
Constitution and the condition would be so financially burdensome
that it would preclude the applicant from using Village property for
the proposed activity. Fees for equipment and services may not be
waived pursuant to this subsection. Application for a waiver shall
be made on a form prescribed by the Manager.
The violation by a permittee of the terms of a permit or the
ordinances and regulations of the Village shall subject the permittee,
upon a finding of liability for the violation, to the maximum amount
of fine permitted by this article. Each day that a violation continues
shall be deemed a separate violation. Such fines may be assessed against
any security deposit held by the Village on behalf of the permittee
pursuant to this article, and may be assessed an amount in excess
of any security deposit held by the Village. The Manager shall provide
the permittee prompt written notice of any fines to be assessed against
the security deposit. Such notice shall be served on the permittee
by personal delivery, or by deposit in the United States Mail, with
proper postage prepaid to the name and address set forth on the application
for permit.
Whenever a Village employee or agent finds lost articles on
Village property, he or she shall report such findings to the Manager.
The Manager shall make reasonable effort to locate the owner. If the
property is unclaimed by the owner or person legally entitled to possession
after such reasonable efforts, the property will be transferred to
the Village for disposition in the same manner as provided in the
Law Enforcement Disposition of Property Act (765 ILCS 1030/0.01 et
seq.). Items such as towels, clothing, balls, gloves, shoes, chairs,
cups, coolers and other general park use items may be disposed of
in any manner determined to be reasonable by the Manager.
Proceedings to enforce violations of this article may be initiated
and conducted in accordance with the provisions of the Village ordinances
providing for administrative adjudication of code violations or by
any other means provided by law.
The penalties provided for in this article are in addition to
and not exclusive of any other remedies available to the Village as
provided by applicable law. The penalties provided for in any section
of this article may be imposed or assessed in addition to and not
necessarily in lieu of the penalties provided for in other sections
of this article.
Representatives from the Will County, Illinois Sheriff's Department
are hereby authorized to enter upon the property owned, leased, or
controlled by the Village for the purpose of enforcing the ordinances
of the Village of Homer Glen, the County of Will, the State of Illinois
and all laws and ordinances amendatory thereof.
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
LEGAL GUARDIAN
A person appointed guardian, or given custody, of a minor
by a Circuit Court of the state, but does not include a person appointed
guardian, or given custody, of a minor under the Juvenile Court Act
or the Juvenile Court Act of 1987 (705 ILCS 405/1-1 et seq.).
MINOR
A person who is above the age of 11 years, but not yet 19
years of age.
B. The parent or legal guardian of an unemancipated minor who resides
with such parent shall be responsible for the care, supervision, actions
and conduct of such unemancipated minor when the unemancipated minor
is on or using Village property, Village park property or the Heroes
Trail System.
C. Liability. The parent or legal guardian of an unemancipated minor
who resides with such parent or legal guardian is liable for actual
damages for the willful or malicious acts of such minor which cause
injury to a person or any Village property.
D. The Village may seek to recover actual damages to Village property
caused by the willful or malicious acts of an unemancipated minor
from the parent or legal guardian pursuant to the provisions of the
Illinois Parental Responsibility Law (740 ILCS 115/1 et seq.). This
remedy is nonexclusive and shall not affect the recovery of damages
in any other cause of action where the liability of the parent or
legal guardian is predicated on a common-law basis.
Any person who violates any provision of any section of this
article shall, upon a finding of liability for said violation, be
subject to a fine of not less than $50 and not more than $1,000. Each
day that a violation continues and every violation of each separate
section of this article shall be deemed a separate violation. The
Village may establish a schedule of violations for which a citation
may be issued and paid without requiring appearance by the violator
at an administrative hearing.