[Ord. 2014-39, 10-6-2014]
Certain terms used in this article shall have the following
meanings:
An outdoor receptacle or container made of metal or similar
material for permanent or temporary outdoor use, designed or intended
for the collection of clothing, shoes, textiles, books, electronics
or other household items, for the purpose of recycling or donation.
Any organization, firm or other entity that owns and receives
a permit to operate a collection bin in the Village, pursuant to this
article.
The owner or lawful occupant of the property on which a collection
bin is located within the Village.
[Ord. 2014-39, 10-6-2014]
(a)
It shall be unlawful to erect, place, maintain or operate any collection
bin without first applying for and obtaining a permit issued by the
Village.
(b)
The Village shall approve an application if such application fulfills the application requirements under Section 23-21 of this chapter.
(c)
A permit issued for the operation of a collection bin shall be valid
for one year and may be renewable for one-year periods thereafter.
[Ord. 2014-39, 10-6-2014]
In order to qualify as a permittee under this article, an applicant
must either be: a) a public charity and/or not for profit organization
exempt from taxes under Section 501(c)(3) of the United States internal
revenue code, and in good standing with the state of Illinois; or
b) a business in good standing with the state of Illinois. An application
for a collection bin permit shall require the following information
from the applicant:
(a)
If the applicant claims to be a qualified nonprofit entity: 1) a
copy of the determination letter issued by the internal revenue service
stating that the applicant is a public charity exempt under internal
revenue code Section 501(c)(3); 2) evidence of registration and that
the annual financial report has been filed with the Illinois attorney
general's office; and 3) a certificate of good standing issued by
the Illinois secretary of state. If the applicant is a business, a
certificate of good standing issued by the Illinois secretary of state.
A certificate of good standing must not be older than three months
at the time of application for a permit.
(b)
The name, address and telephone number of a contact person for the
applicant.
(c)
A written agreement between the applicant and the site host permitting the placement of the collection bin on the property, including the name, address and telephone number of the site host, along with written proof that the site host is a not for profit organization, if applicable. Such agreement shall be required to include provisions in compliance with Section 23-26 of this chapter.
(d)
An applicant must provide proof to the Village of a certificate of
general liability insurance of at least $500,000 covering the operation
of permittee's collection bins. Such insurance must remain in full
force and effect during the license period.
[Ord. 2014-39, 10-6-2014]
The Village shall provide the permittee with a permit sticker
for each approved permit. At all times, the permit sticker shall be
placed in a conspicuous place on the front of the collection bin that
is placed on the permitted property. The Village will provide a replacement
sticker for a $25 fee, should the original sticker become damaged,
fall off or disappear.
[Ord. 2014-39, 10-6-2014]
(a)
A permittee must maintain the aesthetic presentation of each collection
bin, including fresh paint, readable signage with lettering not greater
than six inches in height, and general upkeep.
(b)
A permittee must provide to the site host a telephone number for
requests to respond to collection bin maintenance complaints.
(c)
A permittee must respond to collection bin maintenance complaints
within 24 hours of receiving notification during regular business
hours.
(d)
A permittee must remove graffiti from the collection bin within 24
hours following receipt of notice of its existence.
(e)
If a collection bin becomes damaged or vandalized, it shall be repaired,
replaced or removed within five days of receipt of notice of such
condition.
(f)
All persons, companies, corporations or entities causing any collection
bin to be placed within the Village shall furnish to the Village a
performance bond for a minimum of $10,000, which bond shall guarantee
adherence to these restrictions. Such bond must be provided to the
Village prior to the delivery and placement of any collection bin.
[Ord. 2014-39, 10-6-2014]
Collection bins shall only be permitted to be placed on the
private property of churches, schools or not for profit organizations,
subject to the following conditions:
(a)
Collection bins shall be placed on the site in a manner that does
not impede vehicular or pedestrian traffic flow.
(b)
Collection bins shall not be placed in the public right-of-way, shall
adhere to the setback standards for the site where they are placed,
and shall not be placed between any principal structure and either
its front lot line or a side lot line facing a roadway, or be placed
in any required side yard.
(c)
Collection bins shall not be placed in a required parking space or
reduce the number of parking spaces below the minimum number required
by the Village zoning code.
(d)
Collection bins placed on private sidewalks must allow for five feet
of pedestrian walkway in front of the collection bin.
(e)
Collection bins shall not be placed within the sight triangle of
any intersection.
(f)
Collection bins may not be located within 10 feet of a fire hydrant
or fire suppression connection.
(g)
Collection bins shall be placed on a paved surface.
(h)
No more than one collection bin shall be permitted to be located
on lots of 1/2 acre or less in area; no more than two collection bins
shall be permitted to be located on lots between 1/2 acre and two
acres in area; and no more than three collection bins shall be permitted
to be located on lots greater than two acres in area.
(i)
Collection bins may not exceed seven feet in height or cover a ground
area of more than 32 square feet.
(j)
All collection bins must have attached covers or lids in order to
secure the top of the collection bin at all times in a manner designed
to preclude winds from dispersing any donated materials and to prevent
animals from gaining entry into the collection bin.
(k)
No hazardous materials or items may be deposited or collected in
a collection bin.
(l)
No donated items shall be permitted to be placed around, beside,
or on top of the collection bins.
(m)
All collection bins must be in good working order and able to function
properly. If a collection bin cannot function properly and reaches
a state of disrepair, it must be replaced within five days of receipt
of notice of such.
(n)
Collection bins shall not be permitted to be located on properties
that are otherwise vacant or unoccupied.
[Ord. 2014-39, 10-6-2014]
The front of every collection bin shall conspicuously display
the following:
(a)
The name, address, telephone number and the internet web address
of the owner and operator of the collection bin;
(b)
If the collection bin is owned by a nonprofit organization, the front
of the collection bin shall conspicuously display a statement with
a minimum typeface of two inches that reads: "This Collection Bin
Is Owned And Operated By A Nonprofit Organization" and also display
a statement describing the charitable causes that will benefit from
the donations;
(c)
If the collection bin is owned by a for profit company, the front
of the collection bin shall conspicuously display a statement with
a minimum typeface of two inches that reads: "[Name Of Company] Is
A For-Profit Company; Deposits Are Not Tax Deductible"; and
[Ord. 2014-39, 10-6-2014]
(a)
A site host shall have the right to rescind consent for a collection
bin to be placed on its property, provided written notice of the rescission
is provided to the permittee, as provided in the agreement between
the site host and permittee, but in no event less than 10 business
days prior to the effective date of such rescission.
(b)
A site host shall be required to be held harmless by the permittee
for the removal of an unauthorized collection bin or when removal
is necessary to comply with this article or other Village ordinances.
[Ord. 2014-39, 10-6-2014]
In addition to any other penalties or remedies authorized by
law, any permittee or site host that violates any provision of this
article shall be subject to a penalty of $250 for a first offense
and a penalty of $500 for a second offense and each additional offense
thereafter.
It shall be unlawful for a permittee or site host to:
(a)
Fail to adhere to all permit requirements, including the unpermitted
placement of a collection bin on a property within the Village;
(b)
Fail to maintain or adequately respond to maintenance requests; or
(c)
Fail to adhere to collection bin removal provisions.
|
If a permittee or site host is found to have wilfully violated
the provisions of this article on more than three occasions in a calendar
year, the permittee or site host shall, in addition, be deemed ineligible
to place, use or employ a collection bin within the Village pursuant
to this article for a period of five years. If a permittee fails to
remove any collection bin upon order of the Village, then the Village
may remove such collection bin following 30 days' written notice,
and the permittee shall be liable for the reasonable costs of removal
incurred by the Village.
|
