VILLAGE OF NORTH RIVERSIDE ORDINANCE NO. 17-O-09

Transcription

1 VILLAGE OF NORTH RIVERSIDE ORDINANCE NO. 17-O-09 AN ORDINANCE AMENDING TITLE 5 BUSINESS LICENSES AND REGULATIONS IN THE VILLAGE OF NORTH RIVERSIDE, COOK COUNTY, ILLINOIS ADOPTED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF NORTH RIVERSIDE, ILLINOIS THIS 19 th DAY OF JUNE, 2017

2 ORDINANCE NO. 17-O-09 AN ORDINANCE AMENDING TITLE 5 BUSINESS LICENSES AND REGULATIONS IN THE VILLAGE OF NORTH RIVERSIDE, COOK COUNTY, ILLINOIS WHEREAS, the Village of North Riverside, Cook County, Illinois (the Village ) is a duly organized and existing municipal corporation created under the provisions of the laws of the State of Illinois and under the provisions of the Illinois Municipal Code, as from time to time supplemented and amended; and WHEREAS, on October 5, 2016, the County of Cook Board of Commissioners adopted an Ordinance that requires employers in Cook County to provide a minimum number of paid sick days to employees (the Cook County Paid Sick Leave Ordinance ); and WHEREAS, on October 25, 2016, the County of Cook Board of Commissioners adopted an Ordinance that requires employers in Cook County to pay an increased minimum wage to employees (the Cook County Minimum Wage Ordinance ); and WHEREAS, the Village of North Riverside finds that the aforementioned Cook County Ordinances place an undue burden on employers within the County and Village, given the existing current rights available and enforced under both federal and State law; WHEREAS, Article VII, Section 6(c) of the Illinois Constitution provides that if a home rule county ordinance conflicts with a municipal ordinance, the municipal ordinance shall prevail within the municipality s jurisdiction; and WHEREAS, the Village of North Riverside finds that it is in the best interests of the residents, employers, and businesses within the Village to amend the Village of North Riverside Municipal Code to opt out of the Cook County Paid Sick Leave Ordinance and the Cook County Minimum Wage Ordinance in favor of continued application and enforcement of existing federal and State regulations already governing such benefits and to avoid placing additional burdens on 2

3 employers within Village that are not equally shared by employers in neighboring counties. NOW THEREFORE, be it ordained by the President and Board of Trustees of the Village of North Riverside, Cook County, Illinois as follows: SECTION 1: RECITALS. That the above recitals and legislative findings are found to be true and correct and are hereby incorporated herein and made a part hereof, as if fully set forth in their entirety. SECTION 2: Section , entitled Compliance with provisions required, of the North Riverside Municipal Code of the Village of North Riverside, Illinois, is hereby amended by adding the underlined language in paragraphs immediately after and below the existing language: SECTION 3: Employers within the Village shall comply with all applicable federal and/or State employment benefit laws and regulations with regard to employee eligibility for, and payment of, minimum hourly wages and paid sick leave. No additional obligations with regard to employee paid sick leave or minimum hourly wages, including, without limitation, any additional obligations established by Ordinance adopted by the County of Cook Board of Commissioners, shall apply to employers located within the Village, except those required by federal and/or State law or by Village of North Riverside Ordinance or rule. For purposes of this Section, the term employee means an individual permitted to work by an employer regardless of the number of persons the employer employs, or the number of hours worked, and the term employer means any person employing one or more employees, or seeking to employ one or more employees, if the person has its principal place of business within the Village of North Riverside or does business within the Village. For purposes of this Section, the term employer does not mean: (a) The government of the United States or a corporation wholly owned by the government of the United States; (b) An Indian tribe or a corporation wholly owned by an Indian tribe; (c) The government of the State or any agency or department thereof; or (d) The government of any municipality. 3

4 All Village Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance shall be, and the same are hereby repealed. SECTION 4: This Ordinance, and every provision hereof, shall be considered severable. In the event that any court of competent jurisdiction may find and declare any word, phrase, clause, sentence, paragraph, provision or section or part of a phrase, clause, sentence, paragraph, provision or section of this Ordinance is void or unconstitutional, the remaining words, phrases, clauses, sentences, paragraphs and provisions and parts of phrases, clauses, sentences, paragraphs, provisions and sections not ruled void or unconstitutional shall continue in full force and effect. SECTION 5: This Ordinance shall relate to and control as of the date of the enactment of each of the aforementioned Cook County Ordinances. SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. (Intentionally left blank) 4

5 ADOPTED by the President and Board of Trustees of the Village of North Riverside, Cook County, Illinois this 19 th day of June 2017, pursuant to a roll call vote, as follows: AYES: NAYS: ABSENT: ABSTAIN: ADOPTED AND APPROVED this 19 th day of June, Hubert Hermanek, Jr. Village President ATTEST: Kathy Ranieri Village Clerk 5