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G-445 - 02/27/1990 - AGREEMENT - Ordinances ORDINANCE G- 4 4 S AN ORDINANCE AMENDING ARTICLE III OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAR BROOK RELATING TO SCAVENGERS AND THE COLLECTION OF RECYCLABLE MATERIALS AND LANDSCAPE 'WASTE WHEREAS, the corporate authorities have heretofore passed ordinances incorporated as Article III of Chapter 8 of the Code of Ordinances of the Village of Oak Brook, which provisions relate to scavengers; and WHEREAS, the corporate authorities deem the amendment of said regulations to be appropriate in order to bring such regulations up to date and to incorporate provisions for the Village's recycling and landscape waste collection programs; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section l: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That Section 8-140 of the Code of Ordinances of the Village of Oak Brook be and is hereby amended to read as follows: "No person shall engage in the business of scavenger or garbage collection or the collection of recyclable materials or landscape waste within Village limits without first securing a license to conduct such business. Such license shall be purely a personal privilege and 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 being encumbered or hypothecated. Such license shall not descent by the laws of testate or intestate devolution, but 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 may continue the business hereby licensed, and may exercise the privileges of the deceased or insolvent or bankrupt licensee until the expiration of such license." Section 3: That Section 8-141 of the Code of Ordinances of the Village of Oak Brook be and is hereby amended to read as follows: "Applications for licenses required under this Article III shall be made to the Village Clerk and shall be referred by the Village Clerk to the corporate authorities. Applications for such licenses shall be in a manner and form prescribed by the corporate authorities and shall contain such information deemed necessary by the corporate authorities for their determination on whether to issue such license requested." Ordinance G- 445 Amending Article III Relating to Scavengers and the Collection of Recyclable Materials and Land- scape Waste Page 2 Section 4: That Section 8-145 of the Code of Ordinances of the Village of Oak Brook be and is hereby amended to read as follows: Iw "All fees charged for the collection of solid waste, recyclable materials, and landscape waste shall be as determined by the President and Board of Trustees. No change in such service fees may be made by any licensee without prior approval of the Village President and Board of Trustees." Section 5: That Section 8-146 of the Code of Ordinances of the Village of Oak Brook be and is hereby amended to read as follows: "No scavenger license shall be issued unless and until the applicant therefor has filed with the Village Clerk a surety bond in the sum of $200,000. Said bond shall be conditioned so as to indemnify the Village for any damage, loss or liability resulting from the conduct of business by the licensee, and shall also be conditioned that the licensee shall obey and comply with all of the ordinances of the Village relating to such business as well as any contract between the licensee and the Village relating to such business." Section 6: That Section 8-148 of the Code of Ordinances of the Village of Oak Brook be and is hereby amended to read as follows: "No person may place any container containing solid waste, recyclable material, or landscape waste in public view for pick up prior to 6:00 p.m. of the day prior to any scheduled pick up. In addition, all such containers shall be removed from public view after collection no later than 6:00 a.m. of the day following such collection." Section 7: That Article III of Chapter 8 of the Code of Ordinances of the Village of Oak Brook be and is hereby amended by adding thereto Section 8-149 entitled "Collection of Recyclable Materials" which section shall read as follows: "Collection of Recyclable Materials a) Recyclable materials, including, but not limited to newsprint, glass bottles, aluminum cans, and plastic milk and water containers shall be subject to recycling pursuant to programs established by the Village. Such recyclable materials shall be set out for collection only in containers approved for such purpose by the Village. I i i Ordinance G- 4 4 5 Amending Article III Relating to Scavengers and the Collection of Recyclable Materials and Land- scape Waste Page 3 b) It shall be a violation for any person not licensed pursuant to the provisions of this Article to collect, pick up, or cause to be collected or picked up any such recyclable items. Any such violation shall be subject to t_jie penalties set forth in Section 1-8 of this Code of Ordinances." Section 8: That this Ordinance shall be in full force and effect from and after passage and approval in publication pamphlet form. Section 9: That the Village Clerk is authorized to publish this Ordinance in pamphlet form in the manner provided by law. PASSED THIS 27th day of February 1990. Ayes: Trustees Bartecki , Maher , Pavovich Rush and Winters Nays: None Absent: Trustee Bushy Abstain: None APPROVED THIS 27th day of February i ' illage President ATTEST: illage Clerk Approved as to Form: Village Attorney Published 2-28-90 Pamphlet form Date Paper Not Published