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HomeMy WebLinkAboutOrdinance #4002 ORDINANCE NO 4002 AN ORDINANCE AMENDING TITLE 3 (BUSINESS REGULATIONS) CHAPTER 14 (GARBAGE HAULERS) OF THE CITY OF CANTON MUNICIPAL CODE WHEREAS, the Legal and Ordinance Committee, Ordinance 362 enacted in 1971 set forth the parameters for individuals hauling garbage within the City of Canton to have permits; WHEREAS, the Legal and Ordinance Committee has determined that due to the large trucks and the frequency of use upon the City of Canton's streets and parking lots, it is in the best interests of the citizens of Canton to require all persons and companies that remove or recycle waste, to requite the trucks that provide such services to have a garbage hauling permit; WHEREAS, the Legai 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 Titre 3 (Business Regulations). Chapter 14, Section I (Definitions) shall be amended to read as follows: 3-14-1: DEFINITIONS: The following words and phrases used herein shall have the meaning set forth below: ENGAGED IN THE BUSINESS: Any service rendered by any person or entity for hire which primarily lnvo'ved the co'lection, removal, or recycling of wastes for the purposes of disposal or recycling thereof. WASTES: Any property as to which the owner thereof has relinquished ownership and delivered to or authorized collection and removal by a person or entity authorized by permit hereunder for ay+sposal or recycling. 2. That Title 3 (Business Regulations), Chapter 14, Section 2 (Permit Required; Annual Fee) shat; be amended �o read as follows: 3-14-2: PE MIT REQUKZ--D; ANNUAL FEE: It shall be unlawful for any person to be engaged in the business of collecting, removing, or recycling waste from the City without first having secured a pennit therefore. The annual fee for such permit for an individual engaged in the business of hauling waste shall be $100.00 per vehicle and for an entity engaged in the business of hauling waste shall be $300.00 per entity and $100.00 per vehicle. This fee shall apply to eaca vei-,icle used in the City by such individual or entity engaged in NLR Doc,:-,,ien.s;Gr�inances 5/15/2GL 15 such business. Said permits shall be transferable to vehicles. Said fee shall be payable annually and in full. on or :oefore May 1 of the year in which the permit is for. 3. That Title 3 (Business Regulations), Chapter 14, Section 3 (Landfill Use) shall remain repealed per Ordinance 845. 1986, 4. That Titie 3 (Business, Regulations), Chapter 14, Section 4 (Nonassignable) shall be amended to read as follows: 3-14-+: ti�ASSi�rN_^�� i : "1i:e permit herein provided is hereby to be a license or privilege which is not assignable in any manner. Refunds of permit fees on permits issued are not allowed for any reason. 5. That Tide 3 (Business Regulations), Chapter 14, Section 5 (Application; Restrictions) shall be amendea to reaa as follows: 3-14-5: APPI_ICATiON; _ 'STRIC IONS: The permit herein contemplated shall be issued on the approval of the Ct,,,, Council. A first or original application therefor shall be made in writing and died with th._- who shall refer the same as an order of business at the regular council meeting �:: ereafter Following such application. Such applications must be accompanied. by the appr.;)priate permit fees, shall set forth the name and address of the applicant, shad parricula ,, describe the vehicle or vehicles to be used (including the state license curren'dy ass_gne� _o eaci� such vehicle), shall set forth the general nature of the waste proposea ro e hanc: ed, _r J shall see `orth the period of time for which the permit is desired. The individual app.--can, ,he entity's representative shall personally appear at said City Councii meeting. No su��n permit shall be issued in the absence of an affirmative and satin acto-�, s.:owina by =l_e applicant that each vehicle proposed to be used is sufficiently self-con_ta�_ic and -o nre,,ent the spillage of wastes along and upon any street or road, whci-ier pubiic or hich is likely to be traversed by such vehicle in the collection. csoosal, and wastes. The City Council may deny any application for a permit, in ,w nich e,,ent acc ompanied fee shall be returned. The City Council may limit the numb_ A permits isst,aie. yer_ :its granted shall be issued in writing over the signature of the _Ma, o_ and at esta­-,_ ol le City Clerk, shall set forth the name and the address of the person or e_ ty to whom .ire oe=t is granted, and the effective period of the permit by aporopria`_e uates. :�_e =son crr entity may submit one application requesting permits for more tha__ 'D_-e vehicle, '" sac i veIMcie must be described appropriately as outlined above and =_r_e T "-;r eacl. included with such application. Duplicate originals of the ww-ritter_ _,emit small v prow ide,+ for each vehicle over one authorized by said permit. Each suc_' c.l_icle sr_afl display such written permit at all times when engaged or us--c nr. sw.:: busi� :ass. n. .y be renewed only by application made and processed as prov ea respect to or iru application. No permit shall issue for any period in excess of year i_,_d shall expire on April 30 of the year it is issued. An apph_catrcc_ _n-ay be rued for a period of less than one year and a permit therefor may be in the sa . -, ii­iar _rier as provided above, but there shall be no remission or reduE:"_on or ,e per_�:?it fey. 2 NLR 5/15/20 6. That lie, 3 (Business, 11�e<guiations). Chapter 14, Section 6 (Council Approval) shall be a:.nenaed 1.o read as fc ?ows: 3-14-6 OUNCIL A-";;OVAL: No person or entity to whom a permit has been issued shall dispc s:- of arl was-�-s within the City without the expressed authority of the City Council; . r shall ai.y person c: e n.i�y allow any vehicle authorized by such permit to remain overnight n the City wh L ioaded or partially loaded with wastes. In addition to any penalty otherwise provided Kerei-n violation of any section of this chapter, in whole or in part, shall constitute caL�se for or any applicable permit. 7. 3 (ilusi--z , lEeguiations), Chapter 14, Section 7 (Revocation) shall be arnenuea �o read as i 6`._oV,s: 3- 4-7 :��,_VOCr "��It `<: 1�e :oUMcil may revoke a permit granted under authority hereof aL-r Notice and fl.--- cause. Cause for revocation shall include, but not be limited to, the viviat7oir, of the ,_fov-t .�_,s <�.r`th;s chapter or spillage of wastes along and upon any street or read. A,netl-er pub=ic .: c private, whether intentional or unintentional, done by any person or entity ac und er ar. t? a issued pursuant to this chapter. No portion of any permit fee s at1 Yv .-� `unde .p.,;, y revocation. S. 3 Chapter 14, Section 8 (Fees) shall remain repealed per 845, : 80. 3 alai of s', Chapter 14, Section 9 (Restrictions) shall remain repe-7 e�� rdina :;e rr= . .9:Sz�. 16'. 3 r e 2alations), Chapter 14, Section 10 (Payment; Receipt) shall per �-1rd; , .. e K 15. 11. ; (P ins_ �_e�-Aations), Chapter 14, Section 11 (Garbage Disposal Fund) shah , writ _. 845, 1980. 12. 3 fali: its). Chapter 14, Section 12 (Penalty) shall be amended to re a.? as .` .__-;ws: 3-i 4- oc son or entity who violates any provision of this chapter shall be fmec �ss thG $1 00 .;r more than $500.00 for each offense, and a separate offense shall b :.d cor ,-ni ay during or on which a violation occurs or continues. PASSE-t __ ;ity C.,unc'� City o Canton, Fulton County, Illinois at a regular meeting this 2nd aay o_ ✓ay, 26'.5 u aal vote as follows: 3 NLR rJ,a nances 5/15/2015 AYES: Lovell, Ellis, Justin Nelson, Mayhew,Jim Nelson, Putrich, West NAYS: `zone ABS i AI``d: 6fle APPROVED: el4owl� e fr ritz, Mayor Anaav,EST -' ,4CInye--,, 4 NLR Docunien€s;'6 uinance.c. 5/15/2015