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HomeMy WebLinkAboutOrdinance #362 / ,�� K �, + ' ► ORDINANCE NO. �l�-'� AN ORDINANCE PROVIDING FOR PERMITS FOR PERSONS FNGAGED IN THE BUSINESS OF COLLECTION .AND DISPOSAL OF WASTES AND RE�ULATING USE OF CITY OF CANTON, ILLINOIS LANDFILL BY SUCH PERSONS. BE IT ORDAINED BY THE CITY COUNCIL OF TIiE CITY OF CANTON, ILLINOIS : SECTION 1. The following words and phrases used herein shall have the meanings set forth : (a) The word "person " shall mean and be construed to include any person, firm or corporation . (b) The word "wastes" shall mean any property as to which the owner thereof has relinquished ownership and delivered to or authorized collection and removal by a person authorized by permit hereunder for disposal. (c) The phrase "engaged in the business" shall mean and have ref erence to any service rendered by any person for hire which primarily involves either or both the collection or removal of wastes for the purpose of disposal thereof. SECTION 2. It shall be unlawful for any person to be engaged in the business of collecting or removing wastes in the City of Canton , Illinois without first having secured a permit therefor. The annual fee for such permit shall be Fifty Dollars (�50.00) plus an additional sum of Fifty Dollars (�50.00) for each vehicle over one used or to be used by any one person engaged in such business. Said fee shall be payable in full on or before the first day of January annually in advance. SECTION 3. It shall be unlawful for any person who is engaged in the business of collecting or removing wastes from places outside the City of Canton , Illinois to deposit or dispose of the same at any landfill operated by said City without first having secured the permit provided in the preaeding Section. SECTION 4. The permit herein provided is hereby declared to be a personal license or privilege which is not assignable in any manner. Refunds of fees paid on permits issued shall not be made for any reason. SECTION 5. The permit herein contemplated shall issue only on order of the City Council. A fzrst or original application therefor shall be made in writin g filed with the City Clerk who shall refer the same as an order of business at the next regular Council meeting th�eafter following. Such applications must be accompanied by the appropriate permit fee, shall set forth the name an d address of the applicant , shall particularly describe the vehicle or vehicles to be used (including the State license currently assigned to each such vehicle) , shall set forth the general nature of the wastes proposed to be handled, and shall set forth the period of time for which the permit is desired. The applicant shall personally appear at said Council meeting. No such permit shall be issued in the absence of an affirmative and satisfacbry showing by the applicant that each veYi,cle proposed to be used is sufficiently self-contained an d equipped to prevent the spillage of wastes along and upon any street or road, whether public or private, which is likely to be traversed by such vehicle in the collection and disposal of wastes . The Council may deny .� . � - � . any application for a permit , in which event the accompanied fee shall be remitted. The Council may limit the number of permits issuable. Permits granted shall be issued in writing over the signature of the Mayor and attestation of the Clerk, shall set forth the name and address of the person to whom granted, the effective period of the permit by appropriate dates , and shall identify by appropriate description, including current State license, the vehicle or vehicles authorized for use by said permit. Duplicate originals of the written permit shall be provided for each vehicle over one authorized by said permit . Each such vehicle shall conspicuously display such written permit at a:�l times when engaged or used in said business . Permits may be renewed only by application made an d processed as provided with respect to an original application. No permit shall issue for any pe.riod in excess of one year and every permit shall expire on date of December 31 of the year of its currency. An application may be filed for a permit for a period of less than one year and a permit therefor may issue in the same manner provided above but there shall be no remission or reduction of the permit fee hereinabove set forth. SECTION 6. No person to whom a permit has been issued shall dispose of any wastes within the City of Canton, Illinois without the expressed authority of the City Council ; nor shall he allow any vehicle authorized by his permit to remain overnight in said City while loaded or partially loaded with wastes . In addition to any penalty otherwise provided herein, violation of this Section, in whole or in part , shall constitute cause for revocation of any applicable permit . SECTION 7. The City Council may revoke a permit granted under authority hereof after notice an d for cause. Causes for revocation shall consist of violation of the provisions of the preceding Section or spillage of wastes along and upon any street or road, whether public or private, whether intentional or unintentional , done by any person acting under any permit issued by reason hereof. No portion of any permit fee shall be refunded upon such revocation. SECTION 8. The issuance of a permit he.reunder shall not entitle the holder thereof to dispose of wastes as a matter of right at any land.fill operated by the City of Canto�, Illinois and it shall be unlawful for the holder of a permit hereunder to dispose of wastes at any landfill operated by said City without first having paid the usage fee therefor hereinafter provided. SECTION 9. Subject to rules and regulations now existing or which may hereafter from time to time be imposed, the holder of a permit granted under the foregoing provisions may dispose of wastes at a landfill operated and designated by said City provided the following use fees are paid in advance : (a) A permit holder utilizing an authorized vehicle designed to haul or having a rated capacity of 1/2 ton and up to and including 3/4 ton shall pay a use fee of �1 .00 per load hauled or, at his election, a use fee for each such vehicle, with no limit on the number of loads hauled, consisting of $60.00 for a 3-t�tonth use period ; �110.00 for a 6-month use period ; or �200.00 for a 12-month use period. (b) A permit holder utilizing an authorized vehicle . .� , designed to haul or having a rated capacity in excess of 3/4ton up to and including 2 tons shall pay ause fee of �10.00 per load hauled or, at his election, a use fee for each such vehicle, with no limit on the number of loads hauled, consisting of �120.00 for a 3-month use period ; �220.00 for a 6-month use period ; or, �400.00 for a 12-month use period. (c) A permit holder utilizing an authorized vehicle designed to haul or having a rated capacity in excess of 2 tons up to and including 10 tons shall pay a use feeof �15.00 per load hauled or, at his election , a use fee for each such vehicle, with no limit on the number of loads hauled, consisting of �210.00 for a 3-month use period ; $385.00 for a 6-month use period ; or, �700.00 for a 12-month use period. (d) A permit holder utilizing an authorized vehicle designedto haul or having a rated capacity in excess of 10 tons shall pay a use fee of �25.00 per load hauled or, at his election , a use fee for each such vehicle, with no limit on the number of loads hauled, consisting of �225.00 for a 3-month use period ; �550.00 for a 6-month use period ; or, $1000.00 for a 12-month use period. SECTION 10. Notwithstanding anything to the contrary hereinabove contained, it shall be unlawful for the holder of a permit granted under the foregoing provisions who has paid the appropriate use fees hereinabove provided to : (a) To dis.pose of or deposit wastes at a landfill operated by the City of Canton, Illinois at a time when the authorized operator thereof is not present ; or, (b) To dispose of or deposit wastes at a landfill operated by the City of Canton, Illinois at a place thereon other than that specifically designated by the auth�rized operator thereof ; or (c) To dispose of or deposit wastes at a landfill ' operated by the City of Canton , Illinois of a kind or nature which are or may hereafter be prohibited either by said City or by any environmental or regulatory agency having or sharin g jurisdictional control over said landfill. SECTION 11. The use fees provided by Section 9 hereof shall be paid to the City Clerk who shall issue a receipt therefor ove.r her signature in the name of the permit holder and with the applicable authorized vehicle thereo�i designated. In the case of single load use fees, separate receipts shall be issued for each load proposed to be hauled and each such receipt shall be delivered and surrendered by the permit holder to the operator of the City landfill prior to the dumping and disposal of such load. Said operator shall thereupon mark said receipt "cancelled", affix thereto the date of its surren�er to him, affix his signature thereto and , thereafter deliver the same to the City Clerk not later than the first business day following the Sunday first thereafter succeeding. Receipts showing payment of single load use fees shall not be honored by the landfill operator when tendered more than 10 days after date of their issuance but may be surrendered unused to the City Clerk who shall t hereupon N ` • 1 ` � Y certify a current date therefor over her signature and re-issue the same to the permit holder for subsequent use by him. SECTION 12. The permit and use fees herein provided shall be paid over to and credited to the Garbage Disposal F'und of the City of Canton, Illinois. SECTION 13. Any person who violates any provision o.f this Ordinance shall be fined not less than Twenty-five Dollars " (�25.00) nor more than �ao Hundred Dollars (�200.00) for each offense, and a separate offense shall be deem�d committed on each day during or on which a violation occurs or continues. SECTION 14. This Ordinance shall be an d become effective January l, 1972 following its passage by the City Council , approval by the Mayor and publication according to law. PASSED by the City Council of the City of Canton, Illinois and approved by the Mayor thereof this day of December, A.D. 1971 . APPROVED: ATTEST; CI Y E ,