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HomeMy WebLinkAboutOrdinance #4005 (Garbage Haulers) ORDINANCE NO. 4005 AN ORDINANCE AMENDING TITLE 3 (BUSINESS REGULATIONS) CHAPTER 14 (GARBAGE HAULERS) OF THE CITY OF CANTON MUNICIPAL CODE ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON ILLINOIS: SEPTEMBER 15, 2015 PUBLISHED BY THE CITY CLERK PURSUANT TO THE AUTHORITY OF THE CITY COUNCIL OF THE CITY OF CANTON: SEPTEMBER 15, 2016 ORDINANCE NO. 4005 AN ORDINANCE AMENDING TITLE 3 (BUSINESS REGULATIONS) CHAPTER 14 (GARBAGE HAULERS) OF THE CITY OF CANTON MUNICIPAL CODE WHEREAS, the Legal and Ordinance Committee, amended Title 3, Chapter 14 of the Canton Municipal Code at the City Council meeting held on May 5, 2015, which set forth the parameters for individuals and entities hauling garbage within the City of Canton to have permits; WHEREAS, the Legal and Ordinance Committee has determined that due to other governmental agencies regulation of entities that haul garbage (but not individuals), it is not necessary for the entities to have their permits approved by the City Council; WHEREAS,the Legal and Ordinance Committee has reviewed the proposed amendment and concur that the amendment is necessary and in the best interest of the citizens City of Canton; WHEREAS, the City Council has made a similar determination. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows: 1. That Title 3 (Business Regulations), Chapter 14, Section 2 (Permit Required; Annual Fee) shall be amended to read as follows: 3-14-5 APPLICATION; RESTRICTIONS: The permit herein contemplated shall be issued on the approval of the City Council if for an individual applicant; however, if for an entity applicant, the approval shall be issued by the City Clerk. All first or original applications of an individual therefor shall be made in writing and filed with the City Clerk who shall refer the same as an order of business at the regular council meeting thereafter following such application. All applications by an entity shall be made in writing and filed with the City Clerk who shall review such application and if appropriate, approve and issue such permit. All applications must be accompanied by the appropriate permit fees, shall set forth the name and 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 waste proposed to be handled, and shall set forth the period of time for which the permit is desired. In the case of an individual applicant, the applicant shall personally appear at said City Council meeting. No such permit shall be issued in the absence of an affirmative and satisfactory showing by the applicant that each vehicle proposed to be used is sufficiently self-contained and 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, disposal, and recycling of wastes. The City Clerk may deny any entity's application for a permit, in which event the accompanied fee shall be returned. The City Council may deny any individual's application, in which even the NLR Documents/Ordinances 8/31/15 accompanied fee shall be returned. In the case of the City Clerk's denial of an entity's application, the entity may appeal the City Clerk's denial to the City Council at the next regularly scheduled City council meeting. The City 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 City Clerk, shall set forth the name and the address of the person or entity to whom the permit is granted, and the effective period of the permit by appropriate dates. The person or entity may submit one application requesting permits for more than one vehicle, but each vehicle must be described appropriately as outlined above and the fee for each vehicle must be included with such application. 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 all times when engaged or used in said business. Permits may be renewed only by application made and processed as provided with respect to an original application. No permit shall issue for any period in excess of one year and every permit shall expire on April 30 of the year it is issued. An application may be filed for a permit for a period of less than one year and a permit therefor may be issued in the same manner as provided above, but there shall be no remission or reduction of the permit fee. 2. That Title 3 (Business Regulations), Chapter 14 (Garbage Haulers), Section 6 (Council Approval) shall be repealed in its entirety. 3-14-6 COUNCIL APPROVAL: Repealed 3. That Title 3 (Business Regulations), Chapter 14 (Garbage Haulers), Section 7 (Revocation) shall be amended to read as follows: 3-14-7 REVOCATION: The Council may revoke any permit granted under the authority of this Chapter, after notice and for cause. Cause for revocation shall include, but not be limited to, the violation of the provisions of this Chapter, the spillage of wastes along or upon any street or road, whether public or private, whether intentional or unintentional, done by any person or entity acting under any permit issued pursuant to this chapter, or any person or entity allowing any vehicle authorized by such permit to remain overnight in the City while loaded or partially loaded with waste. No portion of any permit fee shall be refunded upon any revocation. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 15th day of September, 2015 upon a roll call vote as follows: AYES: Aldermen Tad Putrich, Ryan Mayhew,Justin Nelson, Gerald Ellis,Angela Hale NAYS: None ABSENT: Aldermen Craig West, Jim Nelson,John Lovell NLR Documents/Ordinances 8/31/15 APPROVED: Jeffrey ritz ,Mayor ATTES Tana a eey- c , rty Clerk NLR Documents/Ordinances 8/31/15 STATE OF ILLINOIS ) ) SS. COUNTY OF FULTON ) CERTIFICATE I, DIANA PAVLEY-ROCK, certify that I am the duly elected City Clerk of the CITY OF CANTON, FULTON COUNTY, ILLINOIS. further certify that on September 15. 2015 , the City Council of such municipality passed and approved Ordinance No. 4005 , entitled: AN ORDINANCE AMENDING TITLE 3 (BUSINESS REGULATIONS) CHAPTER 14 (GARBAGE HAULERS) OF THE CITY OF CANTON MUNICIPAL CODE which proved by its terms that it should be published in pamphlet form. The pamphlet for Ordinance No. 4005 , including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted at City Hall, 2 North Main Street Canton IL, commencing on September 16. 2015 , and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of the City Clerk. DATED AT CANTON, ILLINOIS, THIS 15TH DAY OF SEPTEMBER 2015. Diana Pavley-Rock, CIVIC, City Clerk Seal City of Canton, Illinois