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A. It shall be unlawful for any person who is not a licensed cannabis transporting organization agent to be present in a commercial vehicle or trailer engaged in the transportation of cannabis for a cannabis transporting organization.
B. It shall be unlawful for anyone under the age of twenty one (21) years old to be present in a commercial vehicle or trailer engaged in the transportation of cannabis for a cannabis transporting organization.
C. It shall be unlawful for a cannabis transporting organization agent to transport cannabis anywhere other than to a cultivation center, craft grower, infuser organization, dispensing organization, testing facility, or otherwise authorized by law.
D. It shall be unlawful for a cannabis transporting organization agent to use a commercial motor vehicle with a weight rating over ten thousand one (10,001) pounds.
E. It shall be unlawful for a cannabis transporting organization agent to operate as a cannabis transporter without a copy of the registration and manifest for the cannabis delivery in the vehicle.
F. It shall be unlawful for an adult use cannabis transporter or cannabis transporting organization agent to transport cannabis so it is visible or recognizable from outside the vehicle.
G. It shall be unlawful for a vehicle transporting cannabis to bear any markings to indicate the vehicle contains cannabis or bear the name or logo of the cannabis business establishment.
H. It shall be unlawful for a cannabis transporting organization agent to transport cannabis unless it is stored in an enclosed, locked, storage compartment that is secured or affixed to the vehicle. (Ord. 20-013, 2-24-2020)
A cannabis transporting organization agent must keep its identification card visible at all times when on the property of a cannabis business establishment and during the transportation of cannabis when acting under their duties as a cannabis transporting organization agent and must provide the identification card upon request to any law enforcement officer engaged in their official duties. (Ord. 20-013, 2-24-2020)
A. Parking Lots: Cannabis may not be consumed in any parking lot or open area adjacent to any cannabis business establishment for any purpose and in any form, including, but not limited to samples, tastings, edible products or byproducts or by smoking.
B. Responsibility Of Owner And/Or Manager: No cannabis business establishment, or officer, associate, member, representative, agent or employee of such establishment, shall permit the consumption of cannabis in violation of this article. (Ord. 20-013, 2-24-2020)
A. Any violation of this article shall be deemed an ordinance violation and may be subject to administrative adjudication as provided for in this Code.
B. Every act or omission constituting a violation of any of the provisions of this article, by any officer, director, manager, agent, or employee of any cannabis business establishment shall be deemed and held to be the act of such employer or owner and the employer or owner shall be subject to punishment in the same manner as if the act or omission had been done or omitted by them personally.
C. Any violation of the terms and conditions of a special use permit issued by the Village Board that is not abated within seven (7) days after proper notice shall be subject to a fine of five hundred dollars ($500.00) per violation per day in addition to any and all other applicable remedies or penalties. (Ord. 20-013, 2-24-2020)
For purposes of this article, the following words and phrases shall have the following meanings, and are hereby defined as follows:
DWELLING UNIT: | One or more rooms, including individualized bathroom and kitchen facilities, which are arranged, designed, or used as living quarters for a household. |
GUEST: | A person who rents or occupies a short-term rental. |
HOST: | An owner or owners engaged in providing short term rentals. |
HOSTING PLATFORM: | A marketplace entity, in whatever form or format which facilitates short term rentals through advertising, matchmaking or other means, using any medium or facilitation, or from which the operator of the hosting platform derives revenue, including booking fees or advertising revenues from providing or maintaining the marketplace information. |
NON-OWNER-OCCUPIED SHORT-TERM RENTALS: | A short term rental property that is not owner-occupied and is rented using a hosting platform for any short-term rental period. |
OWNER: | A person holding title or co-title of an abode, dwelling unit or residence that they may lease as a short-term rental but only in accordance with the terms of this article. |
OWNER OCCUPIED SHORT-TERM RENTALS: | A short term rental property that is primarily owner-occupied, except for the duration when the property or a portion thereof as defined herein is rented using a hosting platform for any short-term rental period. |
SHORT-TERM RENTAL PERIOD: | A period of time of one hundred and eighty-two (182) or lesser calendar days. |
SHORT TERM RENTALS: | A residential dwelling unit, including a single-family home in its entirety or an individual room within a single-family home or an accessory structure of a single-family home, townhomes, condominiums and rooming house dwelling units or any residential dwelling unit included within a building containing two (2) or more residential units, a building containing three (3) or more residential units, or a multi-family building containing four (4) or more units that are rented out using a hosting platform for any short-term rental period. (Ord. 21-54, 11-1-2021; amd. Ord. 2022-55, 9-6-2022; Ord. 2022-76, 11-7-2022) |
No person shall conduct, keep, manage or operate or cause to be conducted, kept, managed or operated a short-term rental without a license therefor as provided in article 1 of this chapter. A license shall be obtained for each short-term rental and shall not be transferable. All such licenses are required to be renewed annually, subject to the same condition as the original license. Such license shall be issued by the Village upon payment of the fee as provided in chapter 8 of this code. Such fee shall accompany the license application. (Ord. 21-54, 11-1-2021)
The license fees to be paid annually to the Village pursuant to this article shall be as follows:
A. A non-owner-occupied short-term rental applicant who is a not a resident of the Village shall pay the same fee as a bed and breakfast for each short-term rental set forth in section 8-2-1 of this Code.
B. A non-owner-occupied short-term rental applicant who is a Village resident shall pay a fee of two hundred and fifty dollars ($250.00).
C. An owner-occupied short-term rental applicant shall pay an annual license fee of one hundred dollars ($100.00). (Ord. 21-54, 11-1-2021)
In addition to the requirements set forth in article 1 of this chapter, no license shall be issued unless the following standards are met:
A. All owners must use a hosting platform to market a short-term rental. The hosting platform shall be responsible for determining the guest's identification information and the accuracy of that information;
B. No owner shall rent any short-term rental for any period of time shorter than twenty-four (24) consecutive hours and for any period of time greater than one hundred and eighty-two (182) days;
C. The owner must inform a guest if parking is provided by the owner and if not, inform the guest that Village parking passes are available through the Village's overnight parking application. The short-term rental owner must also provide the guest with instructions on how to obtain Village parking passes through the Village's overnight parking application. Guests shall not park vehicles on Village streets overnight unless otherwise permitted;
D. The owner must provide proof of homeowner's insurance or host protection insurance in the amount of at least five hundred thousand dollars ($500,000.00) to the Village as part of its application;
E. Every short-term rental shall be subject to inspection by staff members of the Village's Fire, Health and/or Development Customer Services Departments;
F. The owner shall keep a guest register in which the name of every guest and the guest's arrival and departure dates shall be recorded in written form. The owner shall make the guest register freely accessible to any authorized Village employee; and
G. The owner shall post, inside the front entrance to every short-term rental dwelling unit, a short-term rental license issued by the Village stating the owners name, a twenty-four (24)-hour telephone number to reach the owner and the maximum occupancy of the dwelling unit as allowed by this article. (Ord. 21-54, 11-1-2021; amd. Ord. 2022-55, 9-6-2022)
A. Any owner, guest or other person who shall be found to have violated any of the provisions of this article shall be guilty of an offense punishable as follows:
1. The fine for a first violation is two hundred dollars ($200.00);
2. The fine for a second violation is five hundred dollars ($500.00); and
3. The fine for a third or subsequent violation is seven hundred and fifty dollars ($750.00).
B. Each day a provision of this article is found to have been violated constitutes a separate violation subject to the fine schedule set forth in this section.
C. Any fines shall be debts due and owing to the Village that the Village may collect by any means allowed by law, including, but not limited to, filing a lien against the subject property.
D. The fines provided for herein shall not be construed as limiting the power of a court of competent jurisdiction or an administrative hearing officer to impose other penalties and/or remedies as provided for by law. In addition, an owner found to have violated any provisions of this article may be subject to the revocation, suspension or nonrenewal of a license pursuant to the provisions of article 1 of this chapter. (Ord. 21-54, 11-1-2021)
For purposes of this article, the following words and phrases shall have the following meanings, and are hereby defined as follows:
ELECTRIC LEAF BLOWER: | A leaf blower which is powered by an electric motor. |
GAS-POWERED LEAFBLOWER: | A leaf blower which is powered by gasoline or propane, including an electric leaf blower powered by stand-alone fossil fuel powered generators or generators powered by vehicle engines. |
LAWN MAINTENANCE/ LANDSCAPING: | The care of lawns and yards, including but not limited to establishing a new lawn by seeding or sodding, fertilizing, aeration, mowing, lawn disease treatment, weed control, leaf removal, trimming or planting of shrubs, hedges or similar plantings, mulching and installing decorative rock or bark. |
LAWN MAINTENANCE/ LANDSCAPING BUSINESS: | Any person, entity, limited liability company, corporation, partnership or association who perform lawn maintenance/landscaping as part of a business. |
LEAF BLOWER: | Any device which is used or designed to move leaves, grass clippings, dust, dirt, or other matter by blowing them with air emitted by such device. (Ord. 23-19, 3-13-2023)
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No person shall own or operate within the Village any lawn maintenance/landscaping business without first obtaining a license in accordance with this article, including a home-based business from which a lawn maintenance/landscaping business is operated. (Ord. 23-19, 3-13-2023)
The license fee for a lawn maintenance/landscaping business shall be as set forth in section 8-2-1 of this Code. (Ord. 23-19, 3-13-2023)
A. Prior to June 1, 2025, the operation of gasoline-powered leaf blowers is prohibited between June 1 to September 30. Electric leaf blowers may be used year-round, subject to the time restrictions in subsection B below.
B. Prior to June 1, 2025, gasoline-powered and electric leaf blowers shall be permitted to be operated on the following days and times between October 1 and May 31:
1. Monday through Friday from the hours of eight o’clock (8:00) A.M. to six o’clock (6:00) P.M.
2. Saturday and Sunday from the hours of nine o’clock (9:00) A.M. to four o’clock (4:00) P.M.
C. No gas-powered leaf blower shall be permitted to be operated in the Village on or after June 1, 2025, except as provided in section 8-41-5 of this code.
D. The use of portable generators to power electric leaf blowers or to recharge batteries used in leaf blowers is prohibited. (Ord. 23-19, 3-13-2023)
Gas-powered leaf blowers shall be permitted to be operated as follows:
A. At the direction of Police or Fire Department sworn personnel of the Village for the purpose of responding to an emergency, or in order to restore, preserve, protect or save lives or property from imminent danger of loss or harm; or
B. To clear fallen trees in order to provide emergency clearance for public safety. (Ord. 23-19, 3-13-2023)
Any person or business violating any provision of this chapter shall be fined in accordance with the provisions of section 1-1-5 of this code. (Ord. 23-19, 3-13-2023)