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HomeMy WebLinkAboutOrd 2479 12/18/1973 ORDINANCE NO. 2479 AN ORDINANCE AMENDING THE LOCAL LAW REGULATING GARBAGE AND REFUSE AS WELL AS THE COLLECTION THEREOF BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That, pursuant to authority contained in Article VII of the 1970 Constitution of the State of Illinois, Article XXIII of Chapter 11 (Business Code) , contained in the Municipal Code of Mount Prospect of 1957, as amended, be and the same is hereby amended in its entirety to provide for an exclusive franchise for scavenger contractors engaged in residential refuse collection service and to provide additional regulations for all scavengers; so that hereafter the said Article XXIII shall be and read as follows: "ARTICLE XXIII SECOND-HAND DEALERS and SCAVENGERS SECTION 11.2301. License Required. No person, firm, or corporation shall engage in the business of scavenger, garbage collector, second-hand dealer, or junk dealer within the corporate limits of the Village of Mount Prospect, except in compliance with the provisions of this Article. A. Exclusive Franchise License - Residential Dwellings and Dwelling Units. There shall be issued in the Village of Mount Prospect no more than one (1) scavenger license, authorizing the collection of garbage from and/or refuse disposal services for any and all residential dwell- ing units located within the corporate limits of the Village of Mount Prospect. 1. The said exclusive franchise license shall be issued to that contrac- tor awarded the "Exclusive Residential Refuse Disposal Service Contract" by the most current Resolution passed by the President and Board of Trustees of the Village of Mount Prospect. 2. In addition to whatever contractual obligations to the Village of Mount Prospect such exclusive franchisee may have, the said ex- clusive franchise licensee shall have the following duties and ob- ligations: a. The exclusive franchise licensee shall furnish all labor , materials, and equipment for the aggregation of trash and refuse in regular weekly collections, which collections shall include the following materials: 1) All kitchen wastes including cans, bottles, household food, accumulations of animal food and vegetable matter attendent on the preparation, use, cooking and servicing of foods. 2) General household trash and refuse, including ashes, empty cartons, crates, boxes, wrapping materials, newspapers and magazines, when securely and neatly bound in convenient size bundles, cloth materials, empty cans, discarded toys, discarded clothing and similar materials. 3) Discarded furniture, fixtures, household appliances, swing sets and other large and bulky items. 4) Yard materials, including leaves, grass slippings, weeds, Christmas trees, bushes, brush clippings and branch clippings, when securely bound in boundles not exceed- ing four (4) feet in length. 5) Materials to be collected will not include earth, sod, rocks, concrete, refuse from remodeling or construc- tion of homes. 6) Small amounts of earth, sod, rocks, and building materials resulting from do-it-yourself projects shall be collected if placed in containers which meet the requirements of this Municipal Code. 7) Materials from containers spilled by the waste col- lectors must be removed by them. b. Waste containers provided on the street for public use as well as those provided at all municipally-owned buildings shall be serviced at no charge to the Village. c. The licensee will furnish a bulk pick-up service as a part of its regular pick-up service to collect and dispose of all dis- carded materials and trash which are too large and bulky to handle by paCker-type equipment. This bulk piCk-up service will include bulky items such as refrigerators, stoves, wash- ing machines, dryers, freezers, hot water heaters, pianos, beds, box springs and mattresses, sofas, overstuffed furni- ture, swing sets, large carpets and other discarded household furniture, furnishings, fixtures and appliances, which items shall be placed at the curb by the resident no sooner than six hours before his regular piCk-up day for collection. d. The licensee shall maintain an office and telephone, toll free, for the receipt of service calls or complaints, and shall be available for such calls on all working days from 8: 00 A.M. to 4: 30 P . M. Any complaints must be given prompt and courte- ous attention, and in case of missed scheduled collection, the licensee shall investigate; and if verified, shall arrange for piCk-up of said refuse within 24 hours after the complaint is received. 3. Upon award of the contract for residential garbage and refuse col- lection by Resolution aforesaid, the Village Clerk shall issue the said exclusive franchise license upon payment of the proper fee therefor as set forth hereinbelow. -2- B. Other Licenses. An unlimited number of licenses for other than resi- dential collections shall be available to persons, firms, or corporations engaged in the business of scavenger, garbage collector, second- hand dealer, or junk dealer upon application therefor made to the Village Clerk of the Village of Mount Prospect in the manner provided in Chap- ter 10 of this Municipal Code. .f, I i I I ! ~ ~ ~ SECTION 11.2302. License Fees. A. The annual fee to be paid for the exclusive franchise license for resi- dential dwellings or dwelling units created in subsection A. of Sec- tion 11. 2301 hereinabove shall be One Hundred Fifty Dollars ($150.00). B . The fee to be paid for such other licenses set forth in subsection B. of Section 11. 2301 hereinabove shall be One Hundred Fifty Dollars ($150.00) for an annual license , and Ten Dollars ($10.00) per day for a daily license. C. All annual licenses shall terminate on the last day of April next follow- ing their issuance. SECTION 11.2303. General Operating Requirements for Scavengers. In addition to all other duties and obligations imposed by this Municipal Code upon scavengers and garbage collectors, such licensees shall have the fol- lowing duties and obligations whether such license is a general license or an exclusive franchise license: A. EQUIPMENT 1. Any licensee shall collect all such garbage and refuse in fully enclosed leak-proof trucks. 2. Open body trucks, dump trucks, and similar equipment may be used only for large bulky items such as discarded furniture, fix- tures, and household appliances. B. DISPOSAL. Licensees will transport all garbage, refuse and other mate- rials collected for disposal to areas outside of the corporate limits of the Village of Mount Prospect and shall deposit same at a proper lawful site designated and maintained for such purpose under the laws of the State of Illinois. C. INSURANCE. Any licensee hereunder shall carry the following insur- ance: 1. Workmen's Compensation - With a company authorized under the laws of the State of Illinois a policy to protect himself against liabi- lity under the Workmen's Compensation & Occupational Diseases Statutes of the State of Illinois; 2. Automobile Liability Insurance - Under a comprehensive policy to insure the entire vehicle liability for his operations with limits of not less than $100,000 each person and $300,000 each accident bodi- injury liability and $100,00 each accident for property damage li- ability; and -3- 3. General Liability - A comprehensive liability policy for his opera- tions other than vehicular operations with limits of at least $100,000 each person and $300,000 each accident bodily injury liability, $100,000 each accident for property damage liability. I .1 ! I I I I ! ! I D . INDEMNIFICATION. The licensee shall indemnify and save harmless the Village of Mount Prospect against any and all damages to property or injury to or death of any person or persons, including property and employees, agents, or invitees of the Village of Mount Prospect, and shall defend, indemnify and save harmless the Village of Mount Pros- pect from any and all claims, demands, suits, actions, or proceedings of any kind or nature, including Workmen's Compensation claims, or by anyone whatsoever, in any way resulting from or arising out of the operations in connection with the license issued pursuant to this Code, including operations of sub-contractors and actions or omissions of em- ployees or agents of licensee or his sub-contractors. 1. Insurance coverage specified in subsection C. of this Section and the special conditions constitute the minimum requirements and said requirements shall in no way lessen or limit the liability of the licensee. 2. The licensee shall procure and maintain, at his own cost and ex- pense, any additional kinds of insurance, in his own judgment, which may be necessary for his proper protection in the prosecu- tion of the work. 3. The licensee shall well and truly save and indemnify and keep harmless, the Village of Mount Prospect against all liability , judg- ments, costs, and expenses which may in any wise come against the Village, or which may in any wise result from carelessness or lack of the licensee or his agents, employees, or workmen in any respect whatsoever. E. CARE and PERFORMANCE. The licensee shall undertake to perform all disposal services rendered hereunder in a neat, orderly and effi- cient manner, to use care and diligence in the performance of his con- tract, and to provide neat, orderly and courteous employees and per- sonnel on his crews. F . SOBRIETY. The licensee shall prohibit any drinking of alcoholic beverages by its drivers and crew members while on duty or in the course of performing their duties under said license. G. OBEDIENCE TO OTHER LAWS. The licensee shall obey all other laws regulating his business including those contained in Article II of Chap- ter 19 of this Municipal Code. SECTION 11.2304. General Operating Requirements for Junk Dealers and Second-Hand Dealers. A. Every keeper of a junk shop who shall receive or be in possession of any good articles or things of value which may have been lost or stolen shall upon demand produce such article or thing to any member of the Police Department for examination. -4- I I l I f ~ ~ B. Every vehicle used by a junk dealer in the conduct of his business, shall bear thereon in legible characters, the name and address of the owner and proprietor thereof. C. It shall be the duty of the Health Inspector, the Director of Building and Zoning, and the Fire Prevention Bureau to inspect every establish- ment licensed under this Article as often as necessary to insure com- pliance with this Article and all other ordinances relating thereto. D. No person, firm, or corporation shall operate or maintain a junk yard or second- hand yard within the corporate limits of the Village of Mount Prospect. SECTION 11.2305. Revocation of License. A scavenger, garbage collec- tor (including any exclusive franchise) , second-hand dealer, or junk deal- er license may be revoked by the Village Manager, or an application for is- suance or renewal of such license may be refused by the Village Clerk, in the manner provided for such proceedings in Chapter 10 of this Municipal Code." SECTION TWO: That, pursuant to authority contained in Article VII of the 1970 Constitution of the State of Illinois, Article II of Chapter 19 (Health Regulations) , contained in the Municipal Code of Mount Prospect of 1957, as amended, is hereby further amended in its entirety to up-grade existing regulations concerning gar- bage and refuse; so that hereafter the said Article II of Chapter 19 shall be and read as follows: "ARTICLE II GARBAGE AND REFUSE SECTION 19.201. Receptacles. A. It shall be the duty of every owner, agent, tenant or occupant of any house, building, flat, apartment, apartment building or other place where people reside, board, lodge, or prepare or serve animal or vege- table matter, to place all garbage, refuse, or waste, in approved recep- tacles as set forth and defined hereinbelow and to maintain same in good order and in accordance with the law. 1. An approved receptacle for purpose of this Article shall be a con- tainer of standard waterproof construction with handles and a tight fitting cover or lid and shall be no larger than thirty (30) gallons in capacity. There is no limit as to the number of such containers used by any family unit. 2. Bushel baskets are approved receptacles for such items as: Gener- al household trash, ashes, empty cartons, crates, boxes, wrap- ping materials, small amounts of earth, sod, rocks and building materials resulting from do-it-yourself projects, newspapers, magazines, cloth materials, empty cans (if clean), small toys, appliances, grass clippings, yard materials, small brush, and all other items of similar nature which does not exceed the size of the approved receptacle. -5- . ......~---_._...-...._.---T "~~"'"~',-, " ~ i 3. A receptacle furnished by a Village approved scavenger for com- mercial or industrial establishments including multi-dwelling units when curb service for each family is not in effect, is an approved receptacle. B. No containers are necessary for such items as large and bulky appli- ances (refrigerators, washing machines, stoves, dryers, etc.) large toys, furniture, empty cartons, empty crates, newspapers and maga- zines when securely tied in bundles convenient to handle, brush and branches when securely tied in bundles and not exceeding four (4) feet in length, Christmas trees and other such large discarded household obj ects . C . In the case of all residential refuse collections, approved receptacles and other approved discarded items shall be placed on the parkway or alley if garbage collections are made from the alley, on the day designa- ted by law. 1. There shall be no limit as to the number of approved receptacles which the resident can use to dispose of items to be collected. 2. Such receptacles shall be removed from the parkway or alley, as the case may be, after collection but on the day collection is made. 3. Items such as bundles of brush, branch cuttings, toys, securely tied bundles of paper, crates, empty cartons, smaller items of fur- niture, and other items suitable for collection by packer-type equip- ment shall be neatly stacked along side of approved receptacles for collection. 4. Any resident or multi-dwelling unit not wishing to avail themselves of such curb service, may be separate contract with the scavenger company servicing the Village, secure any special service offered by said scavenger on a private basis. D. Whenever, through private contract with any scavenger, there occurs the use of containers of a size in excess of the thirty (30) gallon capa- city allowed for approved receptacles as defined hereinabove, such containers shall: 1. Be drip-proof and have tight fitting lids or covers; 2. Have adequate outriggers and other safety equipment attached as well as a minimum bottom width of at least thirty-one (31) inches for one (1) cubic yard containers, and be proportionately wider at the bottom for larger sized containers, with four (4) cubic yard containers having a height no greater than forty-three (43) inches and having no less than a four (4) piece lid opening; and 3. Be exchanged and replaced at least once every three (3) months (or more often as may be necessary to keep such containers in sanitary condition) with steamed cleaned sanitary containers clear- ly marked with a legible stamp on the verticle front of such contain- er reflecting the date such container was last cleaned in conformity with this Article. -6- SECTION 19.202. Commercial and Industrial Establishments. A. All commercial or industrial establishments are required to make pri- vate arrangements for the collection and disposal of all garbage, re- fuse and waste in a prompt and sanitary manner, which includes the use of approved receptacles or other containers meeting the specifica- tions for same as set forth in Section 19.201 hereinabove. B. Each owner or tenant of a business or industrial establishment shall on October 1 of each year file a written report with the Board of Health of the Village of Mount Prospect on the form provided by the said Board of Health indicating that private arrangements for the collection and dis- posal of its garbage, refuse and waste has been made, the nature of the service and the name of the scavenger, as well as the number and type of receptacles which are in use for such purpose. SECTION 19.203. Accumulation of Garbage. A. It shall be unlawful for any person, firm, or corporation to burn gar- bage, other than in incinerators approved by the Environmental Pro- tection Agency of the State of Illinois; or to bury garbage within the Village of Mount Prospect; or to permit garbage and/or debris to ac- cumulate in any manner so as to create a nuisance or to attract flies, vermin or rats. Any garbage accumulated for more than seven (7) days, unless interrupted by a holiday, shall be considered a violation of this ordinance notwithstanding any other provision herein contained. 1. If the garbage and/or debris referred to hereinabove are allowed to accumulate for more than seven (7) days or in fact attract flies, vermin or rats, the Health Officer of the Village of Mount Prospect may proceed to cause the removal of such garbage and/or debris from such private property in the following manner: a. Whenever the Health Officer observes that garbage and/or de- bris are attracting flies, vermin or rats and/or such garbage and/or debris has accumulated for more than seven (7) days, he shall serve written notice upon the owner or occupant of any such premises whereon such garbage and/or debris is located, such notice shall inform such person of the violation and shall order removal of said garbage and/or debris within forty-eight (48) hours from the time notice is so served. b . If, after lapse of the aforesaid forty-eight (48) hour period, such owner or occupant of such property refuses or neglects to remove such garbage and/or debris, the Health Officer shall cause such garbage and/or debris to be removed from the said property and shall cause collection from such owner or occu- pant the cost of such removal which shall be paid over to the Treasurer of the Village of Mount Prospect. c. If, upon receipt of such invoice, such owner or occupant re- fuses or neglects to pay the cost for such removal, the Health Officer on behalf of the Village of Mount Prospect, or the per- -7- son, firm, or corporation performing the service by authority of the Village of Mount Prospect, in his or its own name, shall file a notice of lien within sixty (60) days after such cost and expense is incurred, which notice of lien shall be filed in the Office of the Cook County Recorder of Deeds, or in the Office of the Cook County Registrar of Titles where the real estate affected is registered under the Torrens system. 1) This notice of lien shall consist of a sworn statement setting out: a) A description of the real estate sufficient for identi- fication thereof; b) The amount of money representing the cost and ex- pense incurred or payable for the service; and c) The date or dates when such cost and expense was incurred by the Village. 2) Upon payment of the cost and expense by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the Village or person, firm, or corporation in whose name the lien had been filed and the release may be filed of record as in the case of filing notiice of lien. 3) The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics' liens. a) Suit to foreclose this lien shall be commenced within two (2) years after the date of filing notice of lien. b) However, the lien of the Village shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to removal of the gar- bage and/or debris and prior to the filing of such notice, and the lien of the Village shall not be valid as to any mortgagee, judgment creditor or other lienor whose rights in and to such real estate arise prior to the filing of such notice. 2. Nothing hereinabove shall preclude filing of a complaint with the court of proper jurisdiction for violations of this Article and/or other remedies at law or in equity which may be available to the Village of Mount Prospect for the enforcement of this Municipal Code. B. All garbage and disposed of animal or vegetable matter shall be wrap- ped in paper or in plastic before being placed in an approved recep- tacle . SECTION 19.204. Penalty. Any person, firm, or corporation violating the provisions of this Article shall be fined at least Ten Dollars ($10.00) but -8- ii ,jl Ii I , fil "- , i: ,. ~ ! I Ii t Ii not more than Two Hundred Dollars ($200.00) for each offense. Each day II that a violation is permitted to exist constitutes a separate offense." ilsECTION THREE: That this Ordiname shall be in full force and effect from and after l~ts passage, approval, and publication in the manner provided by law. q ; ~ ~ li, :~YES: 5 liNAYS: 0 II ~ !jASSED and APPROVED this 18th day of December. II 11 II 1973. >" il 1 ~ ''I !~TTEST: jl " _-...:::;:::-'''''':'. . ___ / / p' .',7 ,./---j ---- _,0. -~.....?:::;7/ , _ // ~-_.~<' ..,/, "".. ,/ ." .' ~. ,.~___.__e!!!:~~' ~ __...~.,~ ...'" " Jl.. -- "..... . .,. -...,..,...- "-7:__~ Village President '~ !.~ J.-JL Ii !l ; ~ i1 Ii II ,j'] f1 II ~ ij ii u II 'I 11 ! ~ i II ! ~ I! I! II ,I I H ;1 ii II 21 :! !i il H ~ ~ ~ ~ j ~ I. 'i! , II II 'I iu i ~ 11 1i "^"'~,.:.,JJ",,... .. -9-