ORDINANCE NO. MC-7-2014

AN ORDINANCE

AMENDING TITLE 5 AND SECTION 9.16.020

OF THE WINNETKA VILLAGE CODE REGARDING A BAN ON COAL TAR PRODUCTS AND THE APPLICATION OF PAVEMENT

SEALANTS WITHIN THE VILLAGE

   WHEREAS, the Village of Winnetka is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970 and has the authority to exercise any power and perform any function pertaining to its government and affairs; and

WHEREAS, Title 5 of the Winnetka Village Code, as amended ( "Village Code" ), titled "Business Licenses and Regulations," sets forth certain regulations governing the licensing and operation of businesses within the Village ( "Business Regulations" ); and

   WHEREAS, Section 9.16.020 of the Village Code, titled "Public nuisances defined," identifies certain activities that, when conducted within the Village, are deemed to be public nuisances punishable by certain penalties and that must be abated ( "Nuisance Regulations" ); and

   WHEREAS, the Village desires to update: (i) the Business Regulations to require all persons engaged in the business of applying pavement sealing products to public or private property within the Village to obtain a Village license; and (ii) the Nuisance Regulations to declare a public nuisance the application of any pavement sealing product that contains coal tar, coal tar derivatives, or coal tar mixtures to any public or private property within the Village; and

   WHEREAS, the Village Council has determined that amending the Business Regulations and the Nuisance Regulations as set forth in this Ordinance is in the best interests of the Village;

   NOW, THEREFORE, be it ordained by the President and Board of Trustees of the Village of Winnetka as follows:

   SECTION 1:   The foregoing recitals are hereby incorporated as the findings of the Council of the Village of Winnetka, as if fully set forth herein.

   SECTION 2:   Title 5, titled "Business Licenses and Regulations," of the Village Code is hereby amended by adding a new Chapter 5.74, titled "Pavement Sealant Applicators," which new Chapter will read as follows:

Chapter 5.74
PAVEMENT SEALANT APPLICATORS

Section 5.74.010   License.

No person shall apply pavement or pavement sealing products ("Sealant") to any public or private property within the Village without a license ("Pavement Sealant License"), which License shall be renewed annually. A Pavement Sealant License shall not be required for a property owner applying Sealant to pavement on a single-family lot owned by the property owner. Application for a Pavement Sealant License shall be on a form provided by the Village and shall, at a minimum, state the name, address, and contact information of the person applying for the License and the person or persons who will be applying the Sealant, and such other information as may be required by the Village Manager.

Section 5.74.020   Certification; previous services.

All persons applying for a Pavement Sealant License shall (i) sign a certification on a form provided by the Village, certifying, at a minimum, that neither the licensee nor any person acting under the License will apply products that contain coal tar, coal tar derivatives, or coal tar mixtures ("Coal Tar Products") to any public or private property within the Village, and (ii) upon the Village's request, provide a written list of locations where the licensee or any person acting under the licensee has applied Sealant to any public or private property within the Village within the preceding 365 days.

Section 5.74.030   Fee.

All applications for a Pavement Sealant License shall be accompanied by the annual license fee, which shall be set from time to time by resolution of the Village Council.

Section 5.74.040   Review and approval.

The Director of Public Works shall review all applications for Pavement Sealant Licenses and shall make a recommendation to the Village Manager for each application. The Village Manager shall grant a Pavement Sealant License if the application complies with all applicable provisions of this Chapter and the Village Code.

SECTION 3:    Subsection B, titled "Pubic Nuisances Affecting Health," of Section 9.16.020, titled "Public nuisances defined," of Chapter 9.16, titled "Nuisances," of Title 9, titled "Public Peace, Morals and Welfare," of the Village Code is hereby amended by amending a new Paragraph 17, which new Paragraph will read as follows:

   17.   The application after August 19, 2014, being the effective date of this Paragraph, of pavement or pavement sealing products that contain coal tar, coal tar derivatives, or coal tar mixtures ( "Coal Tar Products" ) to any public or private property within the Village. Abatement of this nuisance shall consist, at a minimum, of sealing over the Coal Tar Products with an asphalt-based product free of coal tar.

SECTION 4:    This Ordinance is passed by the Council of the Village of Winnetka in the exercise of its home rule powers pursuant to Section 6 of Article VII of the Illinois Constitution of 1970.

SECTION 5:   This Ordinance shall take effect immediately upon its passage, approval, and posting as provided by law.

PASSED this 19 th day of August, 2014, pursuant to the following roll call vote: 

AYES:    Trustees Braun, Kates, Krucks, McCrary   

NAYS:    Trustee Fessler   

ABSENT:    Trustee Prodromos   

APPROVED this 19 th day of August, 2014.

   Signed:

   s/E. Gene Greable   

   Village President

Countersigned:

s/Robert M. Bahan

Village Clerk

Published by authority of the President and Board of Trustees of the Village of Winnetka, Illinois, this 19th day of August, 2014.

Introduced: August 5, 2014

Passed and Approved: August 19, 2014