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HomeMy WebLinkAboutOrd 5568 06/06/2006 ORDINANCE NO. 5568 AN ORDINANCE AMENDING CHAPTER 11 OF THE VILLAGE CODE OF MOUNT PROSPECT Passed and approved by the President and Board of Trustees the 6th day of June, 2006 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the ih day of June, 2006 ORDINANCE NO. 5568 AN ORDINANCE AMENDING CHAPTER 11 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That Article XXIII entitled Secondhand Dealers and Scavengers of Chapter 11 of the Village Code of Mount Prospect; as amended, is hereby further amended to delete Sections 11.2301 and 11.2303 in their entirety and to insert in lieu thereof, entirely new Sections 11.2301 and 11.2303 to be and read as follows: ARTICLE XXIII SECONDHAND DEALERS AND SCAVENGERS "11.2301: LICENSE REQUIRED: No person shall engage in the business of scavenger, garbage collector, yard material collector, recycling collector, secondhand dealer or junk dealer within the corporate limits of the Village, 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 no more than one scavenger license, authorizing the collection of garbage, refuse, recyclables, and yard materials for any and all residential dwellings located within the corporate limits ofthe Village. 1. The said exclusive franchise license shall be issued to that contractor awarded the "exclusive residential refuse disposal service contract" by the most current resolution passed by the President and Board of Trustees ofthe Village. 2. The exclusive franchise licensee shall furnish all labor, materials and equipment for the removal oftrash and refuse, recyclables and yard materials in regular weekly collections, as detailed in the current solid waste contract. 3. Upon award of the contract for residential garbage/refuse, recycling, and yard material collection by resolution aforesaid, the Village shall issue the said exclusive franchise license upon payment of the proper fee therefore as set forth herein below. B. Other Licenses: An unlimited number of licenses for other than residential collections shall be available to persons engaged in the business of scavenger, garbage collector, secondhand dealer or junk dealer upon application therefore submitted to the Village in the manner provided in Chapter 10 of the Village Code. (1981 Code; amd. Ord. 3993, 10-19-1988; Ord. 4166, 4-3-1990)" "11.2303: GENERAL OPERATING REQUIREMENTS FOR seA VENENGERS: In addition to all other duties and obligations imposed by this municipal code upon scavengers and garbage collectors, such licensees shall have the following 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 leakproof trucks. 2. Open body trucks, dump trucks and similar equipment may be used only for large bulky items such as discarded furniture, fixtures and household appliances. B. Disposal: Licensees will transport all garbage, refuse and other materials collected for disposal to areas outside of the corporate limits of the Village 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 insurance: 1. Workers' Compensation: With a company authorized under the laws of the state of Illinois a policy to protect himself against liability under the workers' compensation and occupational diseases statutes of the state of Illinois; 2. Automobile Liability Insurance: Automobile liability insurance coverage and amounts as set forth in Appendix A, Division I of the Village Code; and 3. General Liability: A comprehensive liability policy for all operations other than vehicular operations with limits of at least the amounts set forth in Appendix A, Division I of the Village Code. D. Indemnification: The licensee shall indemnify and save harmless the Village 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, and shall defend, indemnify and save harmless the Village from any and all claims, demands, suits, actions or proceedings of any kind or nature, including workers' 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 subcontractors and actions or omissions of employees or agents oflicensee or his subcontractors. 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 expense, any additional kinds of insurance, in his own judgment, which may be necessary for his proper protection in the prosecution of the work. 3. The licensee shall well and truly save and indemnify and keep harmless, the Village against all liability, judgments, 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 workers in any respect whatsoever. E. Care And Performance: The licensee shall undertake to perform all disposal services rendered hereunder in a neat, orderly and efficient manner, to use care and diligence in the performance of his contract, and to provide neat, orderly and courteous employees and personnel 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 Chapter 19, Article II of the Village Code. (1981 Code; amd. Ord. 5189,5-15-2001) H. Working Hours: Collection of garbage, refuse, recyclables, and yard waste from residential properties and commercial/industrial sites adjacent to residential property is prohibited prior to 6:30 a.m. Monday through Saturday and collection of all properties is prohibited on Sundays." SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Hoefert, Korn, Lohrstorfer, Skowron, Zadel NAYES: None ABSENT: Corcoran PASSED and APPROVED this 6th day of June,2006. ~ ;:. dJ~ Irvana K. Wilks Village President ATTEST: ~4FY M. Lisa Angell Village Clerk H:\CLKO\fi1es\ WlNIORDINANC\Chapterll SolidWastejune2006.doc