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O-92-07 10/22/2007.1, VILLAGE OF LE ONT ORDINANCE NO 5 D 7 AN ORDINANCE ADDING CHAPTER 3.50 ESTABLISHING CABLENIDEO CUSTOMER PROTECTION ORDINANCE ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 22ND DAY OF OCTOBER, 2007. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, DuPage, and Will Counties, Illinois this 22nd day of October, 2007 AN ORDINANCE ADDING CHAPTER 3.50 ESTABLISHING CABLENIDEO CUSTOMER PROTECTION ORDINANCE ORDINANCE NO. 0 ` -© 7 WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety, and welfare of its citizens; and WHEREAS, this Ordinance is adopted pursuant to the Cable and Video Customer Protection Law (220 ILCS 5/70-501) authorizing a Village to enforce all of the customer service and privacy protection standards of the Section; and WHEREAS, the Village desires to enforce the customer service and privacy protection standards with respect to complaints received from residents as provided by the Cable and Video Customer Protection Law. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont as follows: Section 1. Recitals. The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. Section 2. Adoption of Cable and Video Customer Protection Law 220 ILCS 5/70- 501. Title 3 of the Municipal Code of the Village of Lemont shall be amended by the addition of Chapter 3.50 that will read as follows: CHAPTER 3.50. Cable and Video Customer Protection Law. 3.50.010 Customer Service and Privacy Protection Law. (a) Adoption. The regulations of 220 ILCS 5/70-501 are hereby adopted by reference and made applicable to the cable or video providers offering services within the Village's boundaries. (b) Amendments. Any amendment to the Cable and Video Customer Protection Law that becomes effective after the effective date of this Chapter shall be incorporated into this Chapter by reference and shall be applicable to cable or video providers offering services within the municipality's boundaries. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this Chapter by reference without formal action by the corporate authorities of the Village. 2 3.50.020 Enforcement. The Village does hereby pursuant to law declare its intent to enforce all of the customer service and privacy protection standards of the Cable and Video Protection Law with respect to complaints received from residents within the Village. 3.50.030 Customer Credits. The Village hereby adopts the schedule of customer credits for violations. Those credits shall be as provided for in the provisions of 220 ILCS 5/70-501(s) and applied on the statement issued to the customer for the next billing cycle following the violation or following the discovery of the violation. The cable or video provider is responsible for providing the credits and the customer is under no obligation to request the credit. Section 3. Severability. If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance. Section 4. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval and publication as required by law. The provisions of this Ordinance as to incumbent cable operators take effect January 1, 2008. 3 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, W LL AND DU PAGE COUNTIES ILLINOIS on this .ZDay of , 2007. AYES NAYS PASSED ABSENT Debby Blatzer Peter Coules Clifford Miklos ? Brian Reaves Ronald Stapleton 4^ Jeanette Virgilio / Attest: F. PIAZZA VillOLireMsident SMOLLEN, Village Clerk 4