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HomeMy WebLinkAboutOrdinance #4476 - RESTRICTING DUMPING AT THE CITY'S YARD WASTE FACILITY STATE OF ILLINOIS). ) SS. COUNTY OF FULTON) CERTIFICATE 1, Andi Smith-Walters, certify that I am the duly elected City Clerk of the CITY OF CANTON, FULTON COUNTY, ILLINOIS. I further certify that on June 17. 2025, the City Council of such municipality passed and approved Ordinance #4476 entitled: AN ORDINANCE RESTRICTING DUMPING AT THE CITY'S YARD WASTE FACILITY The ordinance attached is a true and correct copy of the ordinance adopted by Canton City Council. DATED AT CANTON, ILLINOIS, THIS 17th DAY OF June, 2025 Seal di Smith-Walters, City Clerk ity of Canton, Illinois ORDINANCE NO. 4476 AN ORDINANCE RESTRICTING DUMPING AT THE CITY'S YARD WASTE FACILITY WHEREAS, the City of Canton (the "City") is an Illinois municipality and a non-home rule municipality in accordance with the Constitution of the State of Illinois of 1970; and WHEREAS,the City owns, operates, and maintains the Canton Yard Waste Facility (the "Facility") located at the west end of Cedar Street on the southwestern edge of the City; and WHEREAS,the City desires to place restrictions on the use of the Facility; and WHEREAS,pursuant to the Illinois Municipal Code: The corporate authorities of a municipality may register certain persons in the landscape maintenance business or in the business of generating landscape waste as defined in the Environmental Protection Act. No municipality may, however, charge a fee for that registration. A municipality that requires registration may exempt any person acting within the scope of his or her employment with the municipality. A person acting within the scope of his or her employment with a public utility and a person who is an "applicator for hire" as defined in the Lawn Care Products Application and Notice Act are exempt from this Section. 65 ILCS 5/11-42-14. WHEREAS,the City desires to register landscape maintenance businesses and businesses generating landscape waste for purposes related to the Facility; WHEREAS, the Canton City Council has determined that public safety will not be jeopardized and that it is necessary and in the best interests of the health, safety and welfare of the citizens of the City to place restrictions on the use of the Facility and require the registration of landscape maintenance businesses and businesses generating landscape waste. 1 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,AS FOLLOWS: SECTION 1. The City of Canton hereby finds as fact the recitals set forth above and are incorporated herein as though fully set forth. SECTION 2. Title 7, Chapter 5 of the Canton Municipal Code, entitled "Canton Yard Waste Facility" is hereby added and shall state as follows: "CHAPTER 5—CANTON YARD WASTE FACILITY 7-5-1: PURPOSE: The purpose of this chapter is to establish restrictions on the use of the Facility (as defined herein) and require the registration of Private Contractors (as defined herein) for purposes related to the Facility. 7-5-2: INTENDED USE OF FACILITY: Except as restricted herein, the Facility is intended to provide a site for disposal of Landscape Waste(as defined herein) (whether or not contained within Landscape Waste Bags (as defined herein)) that was generated within the City limits of the City. 7-5-3: DEFINITIONS: FACILITY. The Canton Yard Waste Facility owned and operated by the City located at the west end of Cedar Street on the southwestern edge of the City. LANDSCAPE WASTE. Means all accumulations of grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the care of lawns, shrubbery, vines and trees. LANDSCAPE WASTE BAGS. Biodegradable bags specifically designed and sold for the collection, storage,transportation, and disposal of Landscape Waste. LANDSCAPE WASTE LOG. Means that certain log book maintained by Private Contractors to record and track its depositing of Landscape Waste at the Facility in accordance with the requirements of this chapter. LUMBER. Wood which has been cut into building materials and used in household, commercial, or industrial construction. 2 PRIVATE CONTRACTOR. A landscape maintenance business or business generating Landscape Waste, with such businesses performing paid services for residential projects for City residents located within the City limits, except those exempt businesses under 65 ILCS 5/11-42-14. ROOT BALL. A mass of roots and soil resulting from the excavation of a tree,tree stump, or shrub. 7-5-4: FACILITY ACCESS AND HOURS OF OPERATION: Residents and registered Private Contractors shall enter through the Facility's gate on Cedar Street.Disposal of Landscape Waste for residents and registered Private Contractors shall be allowed from sunrise to sunset, seven days per week, or as otherwise posted at the Facility's gate. 7-5-5: REGISTRATION BY PRIVATE CONTRACTORS REQUIRED: (A)Registration: Every Private Contractor, whether or not subject to any other licensing or registration requirements of the City or of any other governmental agency, shall annually register with the City in the manner and at the times prescribed in this chapter. A Private Contractor cannot deposit Landscape Waste at the Facility unless and until such Private Contractor registers with the City in accordance with this chapter. (B)Application: Applications for registrations hereunder shall be made to the City Clerk or his/her designee in writing on a form or in the manner provided by the City for that purpose.Each application shall contain the following information. 1. Applicant's name. 2. Applicant's business address (P.O. Box is not sufficient). 3. Applicant's residential address, and if the Applicant is a corporation or other business entity, then the residential addresses of its partners, officers, directors, members, or managers. 4. The nature of the business which the Applicant intends to conduct or is currently conducting. 5. A sworn statement that the Applicant has reviewed and understands the ordinances applicable to Private Contractors and that the Applicant will comply with all applicable federal, state, and local laws, rules, 3 regulations, and/or ordinances regarding the Applicant's operation within the City of Canton. 6. Proof of the Applicant's general liability insurance policy with a minimum limit of one million dollars ($1,000,000.00) individually and in the aggregate. This must be provided prior to the registration, if not available at the time of application. The application must be completed fully and accurately by the Private Contractor's owner or a duly authorized representative of the Private Contractor. The application shall be certified indicating that the information therein is true and correct. Upon acceptance of the application by the City Clerk, the Private Contractor will be duly registered in accordance with this chapter. (C)Cost of Registration: The City will require no fee to be paid for registering or renewing a registration in accordance with this chapter. (D)List of Registered Private Contractors: The City will maintain and update, at least semiannually, a list of all Private Contractors with City registrations hereunder. The City will have a list of registered Private Contractors readily available from the City Clerk's office. (E)Deadlines. The annual registration period shall run from January 1 through December 31 of the calendar year. Each Private Contractor must renew its registration yearly before December 31. Private Contractors in business on the effective date of this chapter, shall initially register under this chapter within thirty (30) days of the effective date hereof in order to continue utilizing the Facility. (F) Revocation or Denial. The Public Works Director may deny an application for registration hereunder or, in addition to the other penalties set forth in this chapter,revoke a registration if: 1. The Applicant has failed to comply with this chapter or any other ordinances of the City of Canton or is found in violation of this chapter or any other ordinances of the City of Canton; 2. The Applicant has any outstanding debt owed to the City of Canton; or 3. The Applicant made a false statement on the application for registration hereunder. 4 (G)Changes to Registration. Every Private Contractor shall submit written notice of any change to a previously submitted annual registration application to the City within thirty (30) days of the occurrence of such change. 7-5-6: RECORD KEEPING REQUIREMENTS FOR PRIVATE CONTRACTORS: (A)Upon registration hereunder this chapter, Private Contractors shall keep a permanent Landscape Waste Log related to each deposit of Landscape Waste made by the Private Contractor at the Facility. Such Landscape Waste Log shall contain the following information: 1. Date of each deposit of Landscape Waste at the Facility; 2. Time of each deposit of Landscape Waste at the Facility; 3. The location and documentation of where the Landscape Waste deposited at the Facility was generated within the City limits of"the City; 4. The total cubic yards of Landscape Waste deposited at the Facility; and 5. The name and address of the City of Canton resident the Private Contractor is providing residential project services for, which is where such Landscape Waste was generated. (B)Upon a Private Contractor's renewal of its registration hereunder this chapter, the Private Contractor shall submit with its renewal application,a true and correct copy of its Landscape Waste Log for the prior calendar year. (C)The Landscape Waste Log shall also be available for inspection upon demand by the Public Works Director or his/her designee. 7-5-7: LIMITATIONS: (A)Private Contractors: Upon registration with the City in accordance with this chapter, Private Contractors are permitted to deposit Landscape Waste within the Facility, in accordance with the limitations set forth herein this section: 1. Private Contractors shall only deposit Landscape Waste within the Facility that was generated within the City limits of the City. 5 2. Private Contractors shall only deposit Landscape Waste generated from a residential project for a resident located within the City limits of the City. 3. Private Contractors shall be limited to depositing Landscape Waste within the Facility two (2)times a week. 4. Private Contractors shall be limited to depositing 16 cubic yards of Landscape Waste per week. (B)Residents: Subject to the restrictions set forth herein this chapter, residents are permitted to deposit Landscape Waste within the Facility that was generated within the City limits of the City. Residents cannot deposit Landscape Waste that was generated outside the City limits of the City. 7-5-8: PROHIBITED MATERIAL: It shall be unlawful for any person to deposit within the Facility any of the following items: (A)Explosives; (B)Highly flammable substances; (C)Automobiles, trucks, trailers, boats, farm implements, or like items, including major parts thereof, such as bodies, engines, fenders, tires, frames, etc.; (D) Household appliances and fixtures, such as refrigerators, washers, dryers, TV sets,water heaters, furnaces, sinks, bath fixtures, etc.; (E) Household furniture, including mattresses and springs; (F) Building demolition materials of any kinds; (G) Manure and other substances dangerous to the public health; (H) Garbage; (1)Refuse; (J)Rubbish; (K) Industrial waste; (L) Lumber; 6 (M) Root Balls in excess of 12"in diameter; (N) Landscape Waste in excess of 7' in length; (0) Tree branches in excess of 6" in diameter; (P)Any material other than Landscape Waste and Landscape Waste Bags; or (Q)Landscape Waste that was generated outside the City limits of the City. 7-5-9: PROHIBITED ACTIVITIES: It shall be unlawful for any person to engage in the following activities related to the Facility: (A)Burn any Landscape Waste located within the Facility; (B) Deposit Landscape Waste outside of the Facility's hours of operation as set forth herein; (C)If a Private Contractor, deposit Landscape Waste without registering with the City in accordance with this chapter; (D)If a Private Contractor,deposit Landscape Waste in excess of the limitations set forth in Section 7-5-7 herein; or (E)If a Private Contractor, submit an inaccurate, incomplete, or false Landscape Waste Log to the City. 7-5-10: PENALTIES: Penalties for violations of any provisions in this chapter shall be a fine not less than$50 or not more than$750 for each offense." SECTION 3. That all ordinances or parts thereof in conflict with this Ordinance are hereby expressly repealed. SECTION 4. If any part or parts of this Ordinance shall be held to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining provisions of this Ordinance. 7 SECTION 5. This Ordinance shall be in full force and effect upon its passage, approval, and publication as required by applicable law. PASSED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, THIS 17th DAY OF June , 2025. AYES: Alderpersons Chamberlin, Lovell, Hale, Pickel,Ketcham, Gossett NAYS:None ABSENT:Alderpersons Grimm,Nelson APPROVED this 17th day of June , 2025. By: Kent A. McDowell, Mayor ATTEST: Brea J. Smi -Walters, City Clerk 8