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O-88-10 Ord. Chapter 5 Licensing LandscapersORDINANCE N0.2010-~~ An Ordinance Amending Chapter 5 of the Lemont, Illinois Municipal Code Relating to Licensing of Landscapers WHEREAS, the Village of Lemont ("Village") is an Illinois Municipal Corporation pursuant to the Illinois Constitution of 1970 and the Statutes of the State of Illinois; WHEREAS, the Village has the authority to regulate certain businesses; and, WHEREAS, the Illinois Municipal Code grants the authority to the Village to regulate and license persons and entities in the landscape maintenance business or in the business of generating landscape waste (65 ILCS 5/11-42-14); WHEREAS, the Village President and Board of Trustees find that it is the best interests of the health, safety and welfare of the community to require the registration of landscapers operating and working within the Village limits NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY, COOK, DUPAGE AND WILL COUNTIES, ILLINOIS, as follows: SECTION ONE: The Lemont, Illinois Municipal Code ("Village Code"), as amended, is hereby further amended by adding in its entirety the new section 5.45.010 et. seq. as indicated as follows: 2 VILLAGE OF LEMONY ORDINANCE NO. - ~~"- l0 An Ordinance Amending Chapter 5 of the Lemont, Illinois Municipal Code Relating to Licensing of Landscapers ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY THIS 22nd DAY OF November .2010 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, this 22nd day of November , 2010. 2010-0-_ landscaper licensing (00087147).DOC Chapter 5.45 LANDSCAPE MAINTENANCE Sections: 5.45.010 Definitions. 5.45.020 License--Required. 5.45.030 License--Term. 5.45.040 License--Fees. 5.45.050 License--Revocation conditions. 5.45.060 Compliance with Village ordinances. 5.45.010 Definitions. The following terms used in this chapter have the following meanings unless the context otherwise requires: A "Landscape Maintenance Services" means the improvement and/or maintenance of the appearance of an area of land by planting and/or maintaining trees, shrubs, grass, or other plants and lawn ornaments, or by altering the contour of the ground. In addition, Landscape Maintenance Services shall include the providing of services in the nature of cultivation or beautification of gardens; the trimming, cutting, or pruning of hedges, plants, and/or grass; the raking, sweeping, or gathering for removal of landscape waste and other yard debris; or other activities similar in nature to the foregoing. B "Landscaper" means any Person or Business engaged in the business of providing Landscape Maintenance Services within the Village. This definition shall not apply to Persons while and to the extent that they are acting as Landscaping Contractors. 5.45.020 License--Required. A. It is unlawful to engage in business as a Landscaper or to otherwise provide Landscape Maintenance Services as a business within the Village without first having obtained a landscaper license, as hereinafter provided. 5.45.030 License--Term. The Village Clerk shall issue a license upon proper application and compliance with this chapter. All Landscaper licenses shall expire on December 31st of each year. 5.45.040 License--Fees There shall be no fee for the licensing of Landscapers. 5.45.050 License--Revocation conditions. Any Landscaper license may be revoked or suspended by the Village Administrator for violations of any law relating to landscaping, or any other ordinance of the Village relating to the work performed by such landscaper. Provided, except in emergency the Village Administrator shall provide the Landscaper with notice and an opportunity to respond prior to any such suspension or revocation. Provided further, a Landscaper which has had its license revoked or suspended in excess of 10 days may appeal such action to the corporate authority. Such suspension or revocation may be in addition to any fine imposed for violating this chapter. 5.45.060 Compliance with Village ordinances. It shall be the duty of all landscapers to comply with all ordinances relating to landscaping and all laws or ordinances pertaining to or regulating the activities engaged in. SECTION TWO: Publication. That the Village Clerk of the Village of Lemont be and is directed hereby to publish this Ordinance in pamphlet form. SECTION THREE: Effective Date. This Ordinance shall be in full force and effect from its passage, approval and publication as provided by law, and shall be applicable at all meetings held on or after January 1, 2011. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, on this 22nd day of November , 2010. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: Debby Blatzer ~ Paul Chialdikas / Clifford Miklos / NAYS: ABSENT: ABSTAIN Ron Stapleton Rick Sniegowski Jeanette Virgilio AT EST: CHARLENE M. SMOLLEN Village Clerk BRIA AVES Presiders ~ nom/ ~~ ~/ ~`°` 4