[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 PARK PROPERTY or VILLAGE PARK
Any property within the boundaries of Homer Glen designated as a municipal park by the Village Board of 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;
(d) 
Within any intersection;
(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;
(g) 
On any sidewalk;
(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.[1]
[1]
Editor's Note: See Ch. 1, Art. III, Penalties and Enforcement.
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.