City of Crystal Lake, IL
McHenry County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Crystal Lake as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. II.
Nuisances — See Ch. 364.
Recycling — See Ch. 417.
[Adopted 1-19-1993 as amended 2-18-2003 by Ord. No. 5611 (Art. IV, Ch. I, Section F, of the 1993 Code)]
[Amended 6-19-2018 by Ord. No. 7479]
It shall be unlawful for any person, firm or corporation to engage in the business of collecting garbage, refuse or rubbish within the City of Crystal Lake without having first obtained a license to do so, provided that this article shall not apply to materials from the demolition of buildings or structures demolished pursuant to a permit issued by the City of Crystal Lake; further provided that for purposes of this article, garbage, refuse or rubbish shall not include recyclable materials as set forth in Chapter 417, Recycling, but shall include lawn waste such as grass clippings, leaves, brush and residential recycling. It shall further be unlawful for any person, firm or corporation to engage in curbside refuse, recycling and yard waste collection from single-family and multiple-family units that utilize curbside collection service, except for such person, firm or corporation that is a party to a contract with the City to serve as the exclusive curbside refuse, recycling and yard waste collector for single-family, attached single-family and multiple-family units that utilize curbside collection service and has been issued a current license by the City to serve as such exclusive collector.
Applications for such licenses shall be made in writing to the City Clerk or his/her designated representative, and shall be subject to the approval of the Mayor and City Council. The application shall be under oath and shall state as follows:
A. 
The name, address and statement of legal age of the applicant in the case of an individual; in the case of a copartnership, the persons entitled to share in the profits thereof, and in the case of a corporation for profit, or a club, the date of incorporation, the objects for which it was organized, the names and addresses of the officers and directors, owned by one person or his/her nominees, the name and address of such person;
B. 
The citizenship of the applicant, place of birth, and if a naturalized citizen, the time and place of naturalization;
C. 
The character of business of the applicant; and in the case of a corporation, the objects for which it was formed;
D. 
The length of time that said applicant has been in business of that character, or in the case of a corporation, the date on which its charter was issued;
E. 
The location and description of the premises or place of business which is to be operated under such license;
F. 
A statement whether applicant has made similar application for a similar other license on premises other than described in this application, and the disposition of such application;
G. 
A statement that the applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this article, laws of this state or the ordinances of this City;
H. 
Whether a previous license by any state or subdivision thereof or by the federal government has been revoked, and the reasons therefor;
I. 
The number of trucks intended to be operated under the proposed license;
J. 
That each truck shall be covered or enclosed in such a way that the contents thereof will not blow from or drop off of said truck either in the City limits or on the way to the designated landfill facility;
K. 
That all regulations and resolutions duly adopted by the City Council pertaining to the pickup and dumping of garbage, refuse and rubbish will be observed and followed;
L. 
That garbage shall be securely packaged or enclosed only in a weather-resistant container for collection;
[Amended 2-20-2007 by Ord. No. 6161]
M. 
The name, address or location of the sanitary landfill at which the licensee intends to dump all garbage, refuse or rubbish collected from within the City;
N. 
That the license to be issued upon the application is and will be subject to revocation by the Mayor and City Council; and
O. 
A list of current residential curbside customers for which the license will be issued, which list shall be updated on a quarter-annual basis and furnished to the City Manager of the City within five days of the end of each quarter during the license period.
No person, firm or corporation shall be issued more than one garbage collector's business license in the City of Crystal Lake, including any license issued to anyone operating under an agreement with the City as an exclusive curbside refuse, recycling and yard waste collection collector which includes all single-family, attached single-family and multiple-family units that utilize curbside collection service. No license shall be issued to any person, firm or corporation which does not have trucks in service. There shall be no limitation on the number of trucks operated by each licensee.
A. 
A license shall be purely a personal privilege, good for not to exceed one year after the issuance. The one-year period shall be from the first day of May of each year to the 30th day of April of each year unless sooner revoked or suspended as in this article provided. Licenses issued after the first day of July of any year shall pay the full license fees as provided. A license shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to be encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee, provided that the executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of refuse collection service, may continue the business under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy, until the expiration of such license, but not longer than six months after the death, bankruptcy or insolvency of such licensees. In no event shall there be any refund of any portion of any license fee paid.
[Amended 6-19-2018 by Ord. No. 7479]
B. 
Any licensee may renew the license at the expiration thereof, provided the licensee is then qualified to receive a license and further provided that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the Mayor and City Council from decreasing the number of licenses to be issued within their jurisdiction.
The fee for such license shall be calculated as follows:
A. 
The annual fee payable in advance for such licenses shall be $100 for each license.
B. 
The annual fee payable in advance for each truck operated under such license shall be $50 except anyone operating under an agreement with the City as an exclusive curbside refuse, recycling and yard waste collection collector which includes all single-family, attached single-family and multiple-family units that utilize curbside collection service for which no per-truck fee shall be charged. All fees shall be paid to the Director of Finance of the City. In the event of an increase in the number of trucks to be operated under such license, the licensee shall promptly notify the Director of Finance of such change and pay the additional fee to the Director of Finance before putting the truck into service. No license issued for a truck may be used to operate any other truck within the City of Crystal Lake. The City may issue license identification to be attached to each truck as the City may determine including anyone operating under an agreement with the City as an exclusive curbside refuse, recycling and yard waste collection collector which includes all single-family, attached single-family and multiple-family units that utilize curbside collection service.
Licensees shall schedule the pickup of garbage, refuse or rubbish in accordance with the schedule for zone pickup established by the City and shall schedule such pickup within the zone schedule for a minimum of at least one day to coincide with the pickup of recyclable materials within said zone. In no event shall licensees be permitted to pickup recyclable materials as defined in Chapter 417, except for anyone operating under an agreement with the City as an exclusive curbside refuse, recycling and yard waste collection collector which includes all single-family, attached single-family and multiple-family units that utilize curbside collection service. All licensees shall obtain approval from the City Manager's office for any holiday collection schedule.
Licensees under this article shall dump all garbage, refuse and rubbish collected within the City at any landfill facility approved and licensed by the Illinois Environmental Protection Agency, provided that all lawn waste shall be deposited in a landfill facility in accordance with the state law.
No licensee shall place or otherwise distribute fliers, advertisements, billing statements (including any surcharge), etc., through the mail or other means which includes any information regarding recycling without the prior approval of the City Manager of the City of Crystal Lake.