[HISTORY: Adopted by the City Council of the City of Crystal Lake 1-19-1993 (Art. IV, Ch. I, Section X, of the 1993 Code). Amendments noted where applicable.]
It shall be unlawful for any person, firm or corporation to collect curbside recyclable materials within the City of Crystal Lake without having first obtained a license to do so, provided that this chapter shall not apply to not-for-profit, civic and charitable organizations conducting a recycling program as a fund-raising project with the approval of the Mayor and City Council of the City of Crystal Lake.
Applications for such licenses shall be made in writing to the City Clerk, and shall be subject to the approval of the Mayor and City Council. The application shall be under oath and shall state as follows:
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;
The citizenship of the applicant, place of birth, and if a naturalized citizen, the time and place of naturalization;
The character of business of the applicant; and in the case of a corporation, the objects for which it was formed;
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;
The location and description of the premises or place of business which is to be operated under such license;
A statement whether the applicant has made similar application for a similar other license on premises other than described in this application, and the disposition of such application;
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 chapter, laws of this state or the ordinances of this City;
Whether a previous license by any state or subdivision thereof, or by the federal government has been revoked, and the reasons therefor;
The number of trucks intended to be operated under the proposed license;
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 recycling facility;
That all regulations and resolutions duly adopted by the City Council pertaining to the pickup and dumping of recyclable materials will be observed and followed;
That recyclable materials shall be securely packaged or enclosed in approved containers for collection;
The name, address or location of the recycling facility at which the licensee intends to deposit all recyclable materials collected from within the City; and
That the license to be issued upon the application is and will be subject to revocation by the Mayor and City Council.
As used in this chapter, the following terms shall have the meanings indicated:
- CURBSIDE RECYCLER
- Any person, firm or corporation licensed in the business of curbside collection of recyclable materials pursuant to this chapter.
- Those days established and approved by the City of Crystal Lake as a part of the curbside recycling program.
- LICENSED HAULER
- Any person, firm or corporation engaged in the business of collecting garbage, refuse or rubbish within the City of Crystal Lake pursuant to Chapter 280, Garbage, Rubbish and Refuse, Article I.
- RECYCLABLE MATERIALS
- Newspapers consisting of bagged, boxed or securely twined newspapers; glass, clear, brown or green in color; aluminum or tin products and such other materials mutually agreed upon between the City and the licensee.
The annual fee payable in advance for such license shall be $50 for each license.
Any person, firm or corporation defined as a curbside recycler under § 417-3 shall enter into an agreement for curbside recycling upon such terms and provisions as may be approved by the City of Crystal Lake. No such contract shall extend beyond the period of the license provided for in this chapter.
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 July of each year to the 30th day of June of each year unless sooner revoked or suspended as in this section 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.
Any licensee may renew his/her license at the expiration thereof, provided he/she 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.
Licensees shall schedule the pickup of recyclable materials 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 garbage, refuse or rubbish within said zone. In no event shall licensees be permitted to pickup recyclable materials as defined in § 417-3. All licensees shall obtain approval from the City Manager's office for any holiday collection schedule.
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.
[Amended 3-3-2009 by Ord. No. 6448]