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Home My WebLink AboutORDINANCES-1978-095-O-78.i 95-0-78 AN ORDINANCE Regulating the Disposal and Collection; of Refuse BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, ° COOK COUNTY, ILLINOIS: SECTION 1: That the Code of the City of Evanston, 1957, as amended, be and hereby is further amended by amending Chapter 21 thereof in its entirety to read as follows: "CHAPTER 21" Refuse and Garbage "Sec. 21-1. DEFINITIONS. In the construction and application of this Chapter, the following words shall have the meanings respectively ascribed to them in this section: REFUSE: includes all discarded, unwanted or rejected materials including garbage. GARBAGE: putrescible waste. "Sec. 21-2. DIRECTOR OF PUBLIC WORKS; SUPERVISION. All matters relating to or affecting the collection, removal or disposal of refuse shall be subject to the super- vision and direction of the Director of Public Works. "Sec. 21-3. GENERAL DISPOSAL REQUIREMENTS. (a) All refuse must be stored in a bag or container or wrapped or bundled in such a manner as to preclude blowing or scattering during the storage period. (b) All garbage must be stored in clean, leakproof, non - absorbent containers covered with tight -fitting lids and main- tained in good repair. All wet garbage so stored must be drained and wrapped in such a manner that moisture cannot spill when the • material is removed. (c) Refuse need not be separated by reason of its nature, i.e., combustible and non-combustible, putrescible, etc., provided, however, that when any garbage is part of the refuse, the provisions pertaining to garbage materials shall apply. (d) Brush or tree branches which are tied in bundles shall be no more than four (4) feet in length. All other materials shall be containerized as appropriate in a manner to facilitate easy hand- le ling by one person. (e) No refuse shall be deposited, be thrown away, or be permitted to accumulate or remain in any street, alley or other public place or in any place where its presence would constitute a nuisance to others or a potential or actual hazard to health, sani- tation or safety. "Sec. 21-4. RECEPTACLE REQUIREMENTS. (a) Garbage containers used in residences with four (4) or less dwelling units shall not exceed 30 gallons in size, and total weight of the container and material placed within shall not exceed fifty (50) pounds. (b) Refuse collection containers shall be located above ground. No collection will be made from containers set into the ground. (c) Each permanent container shall bear a symbol, marking, or tag containing an identification of the owner. (d) Plastic bags which may be used for refuse shall be reason- ably tear -resistant, air tight, water tight, and shall be securely closed. Bags shall not be filled beyond their capacity to carry the weight of the contents and shall be set out in such a manner and location as to minimize the possibility of their being torn. (e) Any container which is deteriorated to a degree that it presents a hazard to the collector or does not meet other standards as defined by this ordinance, shall be condemned by the Director of Public Works or his agent. This action will be noted by the place- ment of a tag or label designating a date by which the container must be removed from service by the owner. If no action is taken prior to that date, the container shall be removed by the City. Appeals may be made to the Director of Public Works prior to the date listed on the tag. "Sec. 21-5. DESIGNATION OF COLLECTION SITE - COLLECTION AGENT. (a) Every building, establishment, institution or premises shall contain a designated refuse collection site which meets the standards of convenience and health and safety published by the Director of Public Works with the advice of the Health Department, Inspections and Permits Department and the Fire Department. This requirement shall be applicable to all construction sites and remodeling projects. (b) Each premise occupied or used as a multi -family resi- dential unit, business or commercial purpose shall designate one individual who shall at all times be responsible for all require- ments under this ordinance. -2- Sec. 21-6 COLLECTION RESPONSIBILITY. (a) The City of Evanston shall provide refuse collection service on a twice -per -week basis when practicable to the following: 1) all single family homes, 2) all multiple dwellings of four (4) or less units, 3) condominium buildings which are at. least 75% owner - occupied, 4) cooperative apartment buildings which are at least 75% owner -occupied, provided that the occupants thereof comply with the provisions of this ordinance. All other residences, businesses, institutions or other legal entities shall at their own expense, contract with licensed private scavengers for refuse collection as often as may be required to prevent stored refuse from becoming a nuisance or a threat to public health, welfare or safety. (b) The City of Evanston shall collect all refuse, except building materials, from 1) single family homes and 2) multiple dwellings of four (4) or less units. The disposal of building materials shall be undertaken by the dwelling occupant or owner at his own expense. (c) On the first collection day of the week for single family homes and all multiple dwellings of four (4) or less units, all refuse and garbage will be collected. On the second collection day, only garbage will be collected. (d) The Director. of Public Works shall designate procedures regulating the collection of refuse, garbage, large, heavy, or extraordinary materials and items. 0 "Sec. 21-7. CONDOMINIUM/COOPERATIVE APARTMENT COLLECTION. (a) Occupants of condominiums and cooperative apartments whose residence units total more than four (4) and where the build- ing is at least 75% owner -occupied shall be provided with refuse collection service at the City's expense by a private scavenger under contract to the City. Service shall be twice a week on a schedule to be determined by the Director of Public Works. (b) Refuse containers for such dwelling units shall be provided by building occupants at their own expense and shall be of the type, size and number to be compatible with the amount of refuse generated and the collection equipment and practices of the authorized private scavenger. Generally such containers shall be of the industrial type meeting Federal Environmental Protection Agency specifications. Such containers will be kept in a state of good repair by building occupants. (c) In the event a condominium -cooperative apartment has limited refuse storage capacity requiring removal more than twice per week, as determined by the Director of Public Works or his designee, the extra collection service shall be obtained at the expense of the building occupants or owners. (d) The designated collection site for a condominium/cooperative apartment will be located so as to provide the highest degree of accessi- • bility to collection vehicles. • "Sec. 21-8. RESIDENCES WITH ACCESS TO AN ALLEY. All residences containing not more than four (4) dwelling units whose property abuts upon an alley shall designate a collection site at the edge of the property directly adjacent to such alley. Where prac- ticable the site shall not be fenced or otherwise closed off in such a manner as to impede efficient collection. Any gates leading to the collection site from the alley shall be unlocked. The collection site may be on the alley itself provided that containers shall not interfere with the free movement of vehicles in the alley. - 3- "Sec. 21-9. RESIDENCES WITHOUT ALLEY ACCESS., (a) Occupants of residences containing not more than four (4) dwelling units whose property does not abut an alley may choose to locate garbage containers at an appropriate collection site adjacent to a rear entrance of their dwelling. The City of Evanston will pro- vide collection service of garbage only at that location. Owners and occupants who elect to utilize backyard collection services of garbage shall maintain a clear, safe path to the garbage containers at all times, to include shoveling snow after any significant snowfall. (b) All refuse materials other than garbage shall be container- ized or secured and placed at the curb not earlier than 6:00 P.M. of the day preceding collection nor later than 7:00 A.M. on the day of collection. Such refuse materials shall be placed at curb -side only on the first collection day of the week. "Sec. 21-10. RESPONSIBILITY FOR COMPLIANCE. Every owner, occupant, agent, employee of an owner or occupant, including corporations, associations of owners, and individuals, responsible for the collection and removal of refuse and garbage shall comply with each applicable provision of this ordinance. Prior to prosecution for alleged violations the offender shall be duly notified of such violations and shall be given a reasonable time within which to correct the violation and thereby avoid prosecution. • "Sec. 21-11. PENALTY. Any person, firm, or corporation who shall violate the provisions of this ordinance shall be punishable by a fine of not less than TWENTY-FIVE DOLLARS ($25.00) nor more than FIVE HUNDRED DOLLARS ($500.00). Each day of violation shall be deemed a separate offense. "Sec. 21-12. SEVERABILITY. In the event a court of competent jurisdiction shall determine any ,provision of this ordinance to be unconstitutional or invalid, such finding shall not affect the remaining provisions hereof." SECTION 2: All ordinances or part of ordinances in conflict herewith are hereby repealed. SECTION 3: This ordinance shall be in full force and effect from and after its passage, approval, . and publication in the manner provided by law. • -4- 11 Introduced �� 3 1978 Adopted 1978 Approved 1978 yor ATTEs'f : Yr City Clerk Approved as to form: o'�& Corp ation Counsel -5-