HomeMy WebLinkAboutORDINANCE - 3838 - 11/20/2023 - PUBLIC SLEEPING ACCOMMODATIONS-PLACING RESTRICTIONS ON HOTLES, MOTELS PUBLIC ACCOMMODATION HOUSING (2)ORDINANCE NO.3838
AN ORDINANCE AMENDING CHAPTER 16 PUBLIC SLEEPING ACCOMODATIONS
OF TITLE 3 OF THE VILLLAGE CODE BY PLACING RESTRICTIONS ON HOTELS,
MOTELS AND PUBLIC ACCOMMODATION HOUSING
WHEREAS, The Village of Elk Grove Village is a home rule municipality as set forth
and established by the Constitution of the State of Illinois; and
WHEREAS, As a home rule municipality, the Village is authorized to enact legislation
pertaining to its government and affairs and which protects the health, safety and welfare of its
residents, including commercial residents; and
WHEREAS, The Village furthermore has the authority to license hotels, motels and
other public accommodation facilities in order to provide clean and sanitary accommodations as
well as ensuring a proper destination for travelers, tourists and others, which individuals enhance
the economic viability of the Village; and
WHEREAS, Any attempt by a state, another municipality or any agency that causes the
inflow of individuals into Elk Grove Village and attempted occupancy in facilities in the Village
that violate valid home rule ordinances of the Village is unconstitutional under the Constitution
of the State of Illinois.
NOW THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the
Village of Elk Grove Village, in the Counties of Cook and DuPage, as follows:
Section 1: That Section 3-16-2 of the Village Code be amended to read as follows;
3-16-2 LICENSE REQUIRED: It shall be unlawful for any person, firm or
corporation to operate, maintain or manage a hotel, motel or other public sleeping
accommodation facility without first having obtained a license as is herein provided.
Section 2: That Chapter 16 of Title 3 of the Village Code is hereby amended by adding
thereto the following section:
3-16-8: CERTIFIED MEDICAL DOCUMENTATION: It shall be unlawful to rent or
permit the occupancy of any public sleeping unit or units to any individual unless said individual
provides certified medical documentation from a board certified infectious disease physician or
other similarly qualified medical professional that such individual is not presently or within the
last sixty (60) days prior to the date of occupancy, been diagnosed or has contracted any
contagious disease such as malaria, tuberculosis or such other contagious disease which, if
spread to others, adversely affects their health, safety or welfare, provided, however, that such
certification shall not be required of individuals who have been domiciled in the United States
for a minimum period of twelve months prior to the date of occupancy and who have not, within
the last sixty (60) days prior to occupancy, traveled to a country then experiencing an outbreak of
any such contagious disease.
Section 3: That Chapter 16 of Title 3 of the Village Code shall be further amended by
adding thereto the following section:
3-16-9 IMPROPER SLEEPING FACILITIES: It is unlawful for any person, firm or
corporation to permit public sleeping occupancy in any facility not licensed therefor and which
does not meet the health and safety requirements of Section 3-16-4 of this chapter or which
facility is in a zoned district which does not permit public sleeping facilities.
Section 4: VIOLATIONS: Any person, firm or corporation violating any of the
provisions of this Ordinance shall be subject to penalties which include fines of not less than
$50.00 nor more than $500.00 for each offense as well being subject to the right of the Village to
proceed by injunction to enjoin the operation of any business which is operating without a
license or which is operating in violation of applicable regulations and is likely to be injurious to
the health, welfare and wellbeing of the occupants, patrons or employees of the business
establishment.
Section 5: That this Ordinance shall be in full force and Effect from and after its passage,
approval and publication according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 2011 day of November 2023
APPROVED this 20t' day of November 2023
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Mumhv, Village Clerk