The foregoing recitals shall be and are hereby incorporated as findings of fact as if said recitals were fully set forth herein.
[HISTORY: Adopted by the Board of Trustees of the Village of Dwight 2-24-2026 by Ord. No. 1564. Amendments noted where applicable.]
In addition to those terms previously defined, the following terms shall be defined to mean:
Means any facility licensed under the Assisted Living and Shared Housing Act, 210 ILCS 9/1, et seq., as well as any other residential setting that provides assisted-living services for remuneration to three or more persons who reside in such residential setting and are not related to the owner of the residential setting, including but not limited to i) a Supportive Living Program participant that is regulated by the Illinois Department of Healthcare and Family Services and, ii) unless expressly exempted in this section, includes a home, an apartment or other facility. Notwithstanding any other provision of this chapter to the contrary, "assisted living facility" shall not include an apartment or facility where casual care is provided at irregular intervals, nor where a competent person residing in such home, apartment or facility providing for or contracting for his or her own personal or professional services if no more than 50% of the persons residing in such home, apartment or facility receive such services.
Means a response to an assisted living facility or nursing home facility by personnel of a emergency management department, an emergency response unit or a unit of another public safety department providing automatic or mutual aid to a municipality in order to lift a patient or other individual from the individual's current position to a desired position. Notwithstanding anything in this chapter to the contrary, the act of lifting a patient or other individual during a response to a request for transportation to a health care facility (specifically such as a hospital or emergency room) shall not be considered a lift assist service.
Means a facility licensed under the Nursing Home Care Act, 210 ILCS 45/1, et seq., or a facility or long-term care facility where medical care, nursing care, rehabilitation or related services and associated treatment are provided for a period of more than 24 consecutive hours to persons residing at such facility who are ill, injured or disabled.
The appropriate municipal department is hereby empowered, to the maximum extent permitted by Section 11-6-12 of the Illinois Municipal Code, to assess a fee for providing a Lift Assist to any Assisted Living Facility or Nursing Home within the Village. Said fee shall not exceed the actual personnel and equipment costs incurred by the department in rendering the Lift Assist. Any on-site appearances for a Lift Assist, beyond the initial six Lift Assists provided on a calendar basis at no cost, shall, under Section 11-6-12, be assessed pursuant to the Village of Dwight's fee schedule.
To the extent that the municipal department currently fixes, charges and collects a fee for emergency services under Section 11-6-1.1 of the Illinois Municipal Code, 65 ILCS 5/11-6-1.1, a Lift Assist is hereby declared to constitute a firefighting service provided by the department.
The appropriate municipal department is hereby authorized and directed to promulgate reasonable rules and regulations related to the imposition, assessment and collection of the fees allowed under this chapter, except that no such rule or regulation shall provide any official with the authority to reduce or waive any fee imposed under this chapter without a concurrence of the President and Board of Trustees of the Village.
All ordinances, resolutions and policies or parts thereof, in conflict with the provisions of this chapter are, to the extent of the conflict, expressly repealed on the effective date of this chapter.
If any provision of this chapter or application thereof to any person or circumstances is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this chapter is severable.
The headings/captions identifying the various sections and subsections of this chapter are for reference only and do not define, modify, expand or limit any of the terms or provisions of the chapter.
The clerk is directed by the corporate authorities to publish this chapter in pamphlet form. This chapter shall be in full force and effect after its passage and publication in accordance with 65 ILCS 5/1-2-4.