HomeMy WebLinkAboutORDINANCES-2015-017-O-15Effective Date: March 97 2015
• " 1/29/2015
17-0-15
AN ORDINANCE
Amending City Code Section 8-4-6, "General Receptacle
Requirements," By Regulating Commercial Refuse Receptacles
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Subsection 8-4-6 of the Evanston City Code of 2012, as amended
("City Code"), is hereby further amended to read as follows:
8-4-6. - GENERAL RECEPTACLE REQUIREMENTS.
(A) Residential. Garbage containers used at residences with four (4) or less dwelling
units shall be either the ninety five (95) gallon or sixty five (65) gallon roll -out
carts provided by the City. Each additional roll -out refuse cart will require the
• payment of a monthly fee of two dollars fifty cents ($2.50).
(B) Location. Refuse collection containers shall be located aboveground. No
collection will be made from containers set into the ground unless such
containers were being serviced by City provided municipal solid waste collection
service or a private scavenger as of the effective date hereof.
(C) City Provided Containers.
1. Refuse roll -out carts or dumpsters provided by the City will be imprinted
with a serial number and stamped with the City seal to identify the roll -out
carts. Ownership of the refuse carts shall remain with the City and
unauthorized removal of said carts shall be a violation of this Chapter.
2. Roll -out carts specifically marked for yard wastes and purchased through
the office of the Director of Public Works are acceptable containers and
will be collected by City crews. These carts are the property of the
purchaser. Yard waste roll -out carts are maintained and repaired by the
City as a courtesy but residents are responsible for paying for any
replacements that are needed.
3. The roll -out carts used for refuse will be maintained and repaired by the
City. The City will replace the City issued roll -out cart for refuse free of
charge when it determines that a replacement is needed.
0(D) Yard Waste. Kraft paper bags used for yard waste shall have a maximum
capacity of thirty (30) gallons and weigh no more than fifty (50) pounds when
17-0-15
filled. Branches shall not exceed four inches (4") in diameter and/or four feet (4')
in length. Branch and trimming bundles shall not exceed three feet (3') in
diameter.
(E) Container Labeling. All municipal solid waste collection containers provided by
private scavengers shall-
1 . Display the name and address of the premises they serve in conspicuous
lettering. Said lettering is to be maintained in a clean and legible condition.
Containers shall be situated so that the required lettering is visible from
the public way.
2. Be registered annually with the Director of Public Works or the City
Manager or his/her designee(s) on the form provided by him/her and
requiring the name, address, and telephone number of the owner and
operator of the premises serviced by said containers, the number of
containers, the capacity of each, their location, the name, address, and
telephone number of the scavenger service, and the frequency of
scavenger pick ups. The registrant shall update the information provided
within ten (10) days of a change.
3. If located in the downtown zoning districts, shall be maintained with their
lids shut and locked, except when depositing or removing waste.
(F) Commercial Waste Receptacles. Commercial waste receptacles required by this
• Chapter shall be shall be leak -resistant, rodent -resistant, lidded, constructed of
impervious material and subject to the inspection of the City of Evanston Health and
Human Services Department.
SECTION 2: Subsection 8-4-15 of the City Code, is hereby further amended to
read as follows:
8-4-15. - PENALTY.
(A) Any person who shall violate the provisions of this Chapter except Sections 8-4-
6(F), 8-4-7, 8-4-12, 8-4-13, and 8-4-14 of this Chapter, shall be punishable by a
fine of not less than twenty five dollars ($25.00) nor more than five hundred
dollars ($500.00). A separate offense shall be deemed committed for each day
such violation occurs or continues.
(B) Any person who shall violate Section 8-4-7 of this Chapter shall be punishable by
a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars
($500.00). A separate offense shall be deemed committed for the unauthorized
collection of each receptacle containing recyclable materials.
(C) Any person who shall violate Section 8-4-6(F) of this Chapter shall be punishable
by a fine of seventy-five dollars ($75.00). Each day that a receptacle is found to
be in violation shall constitute a separate and distinct offense. In addition, the
• owner of a commercial waste receptacle, if different from a solid waste collection
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service provider, shall be jointly and severally liable with the solid waste
collection service provider for any violation of Section 8-4-6(F).
SECTION 3: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 4: All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 5: If any provision of this Ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this Ordinance that can be given effect
without the invalid application or provision, and each invalid application of this
Ordinance 17-0-15 is severable.
SECTION 6: This Ordinance 17-0-15 shall be in full force and effect
from and after its passage, approval, and publication in the manner provided by law.
Introduced:��V,(�_gr )2015 Approved:
Adopted:vp.x X� ° , 2015 �e,�ruo,.r �� , 2015
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Attest:
Ro ey Gree City Clerk
EkAbeth B. Tisdahl, Mayor
Approved as to form:
W. Gra6t Fa ar, C oration Counsel
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