G-602 - 11/11/1997 - ZONING - Ordinances ORDINANCE 97-LC-SW-G-602
AN ORDINANCE ADOPTING A COMPREHENSIVE AMENDMENT TO
CHAPTER 8,ARTICLE III,"SCAVENGERS"
OF THE CODE OF ORDINANCES
OF THE VILLAGE OF OAK BROOK, ILLINOIS
WHEREAS,the Village Manager and staff have recommended comprehensive amendments to
Chapter 8, Article III, entitled "Scavengers"of the Code of Ordinances of the Village of Oak Brook; and
WHEREAS,the Village President and Board of Trustees have reviewed these amendments and
have approved the changes recommended by the Village Manager and staff, and deem that these
further revisions to be in the best interest and in furtherance of the general welfare of the citizens of the
Village of Oak Brook;
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 1:That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: That Chapter 8,Article Ili, entitled"Scavengers"of the Code of Ordinances of the
Village of Oak Brook is amended to read as set forth as follows:
"ARTICLE III. SCAVENGERS
Sec.8-140. License Required.
It shall be unlawful for any person to engage in the business of scavenger or garbage collection or the
collection of recyclable materials or landscape waste within the limits of the Village without having first
secured a license to conduct such business, or in violation of the terms of such license, or in violation of
the provisions of this chapter. Each licensee shall comply with all applicable Federal, State,County and
local and other laws and regulations which govern the collection and disposal of solid waste.
Sec. 8-141. License -Applications.
Applications for licenses required under this Article III shall be made to the Village Cleric on forms
provided by the Village, and shall contain such information deemed necessary to determine whether to
issue such license requested.
Sec. 8-142. License -Issuance.
The Village Manager or his/her designee shall review each application and recommend issuance to the
Board of Trustees pursuant to the standards contained in this Article Ill.
Sec.8-143. Residential Scavenger Service.
Notwithstanding any provision contained herein to the contrary, no person,whether licensed as a
scavenger or not, shall purchase and/or collect residential municipal waste unless authorized by the
Village to do so pursuant to a written agreement entered into between the Village and the waste hauler.
Ordinance 97-LC-SW-G-602
Amending Chapter 8,Article III
'Scavengers', Page 2
In the event that the residential scavenger waste collection contract is terminated,the residential
scavenger license shall be automatically revoked without notice or hearing.
Sec. 8-144. Exemptions.
A contractor,developer, builder, craftsman, installer,serviceman and the like need not be licensed or
have a permit by reason of any requirements set forth in this Article III in order to privately remove the
debris caused by their normal operations; however, such persons must otherwise conform with the
regulations contained in this Code. In addition,the scavenger service need not be licensed or have a
permit by reason of any requirements set forth in this Article in order to remove trees, logs,brush, limbs
of trees or junked cars.
Sec. 8-145. Number and Fee.
The number of residential scavenger licenses issued by the Village shall be limited to one in number.
For purposes of this license, residential scavenger service shall include detached single-family dwellings
and multiple family dwellings containing fewer than four(4) attached units. The residential scavenger
license holder shall also be entitled to receive a commercial scavenger license, and the fee for said
commercial scavenger license shall be waived.
The number of commercial scavenger licenses issued by the Village shall be unlimited; provided,
however,that each licensee shall at all times comply with the standards and specifications set forth in
this Article III. For purposes of this license, 'commercial scavenger service'shall include business
establishments, religious and civic organizations, construction work sites, industrial establishments, and
multiple family dwellings containing four or more attached dwelling units.
The fee for a residential or commercial scavenger license shall be five hundred dollars($500.00) per
year and the license period shall be from January 1 until December 31 of each year. All fees shall be
paid to the Village Clerk prior to the issuance of said license. The fee for any license issued after
January 1 of any given year shall be prorated on a monthly basis for the number of months remaining in
the fiscal year as above established.
Sec. 8-146. License—Revocation; Renewals.
Except as provided in Section 8-143, licenses shall be revocable at any time by action of the President
and Board of Trustees upon the recommendation of the Village Manager after notice and hearing by the
Village Manager and a finding by the President and Board of Trustees that the licensee has failed to
comply with the rules and regulations established in this article.
Licenses may be renewed by the President and Board of Trustees in their sole discretion such renewal is
in the best interest of the residents of the Village.
Sec. 8-147. Refund of Fee Prohibited.
Revocation of a license by action of the President and Board of Trustees shall not entitle the licensee to
a refund of all or any part of the license fee.
Sec. 8-148. Service fees.
All fees charged for the collection of residential municipal waste(solid waste, recyclable materials, and
landscape waste)shall be as determined by the President and Board of Trustees pursuant to the
residential municipal waste collection contract. No change in such service fees may be made by any
licensee without prior approval of the Village President and Board of Trustees.
Ordinance 97-LC-SW-G-602
Amending Chapter 8,Article III
"Scavengers", Page 3
Service fees for commercial customers shall be as agreed upon by and between the licensee and the
commercial customer.
Sec. 8-149. Scavenger Service Standards and Specifications.
The following standards and specifications shall apply to all persons holding a residential or commercial
scavenger service license.
A. Bond and Insurance Requirements. Prior to the issuance of a license for commercial scavenger
service, each licensee shall file with the Village Clerk a performance bond in the amount of five thousand
dollars($5,000)with sureties, in a form acceptable to the Village.
Prior to the issuance of a license for residential scavenger service,the residential scavenger service
licensee shall file with the Village Clerk a performance bond in the amount of 100%of the amount of the
Residential Municipal Waste Collection Contract pursuant to the terms of the Contract.
B. Insurance and Indemnity. Prior to the issuance of a residential or commercial license, the licensee
shall provide to the Village a certificate of insurance naming the Village as an additional insured with
insurance coverage pertaining to all of the licensee's equipment, personnel and operations under the
contract including general liability insurance,worker's compensation insurance and motor vehicle
insurance in the amounts set forth below. The licensee shall maintain adequate safeguards and use
reasonable care in the performance of all work and shall indemnify, defend and hold the Village harmless
from any and all liability, costs and fees, including attorney's fees resulting from damage to or destruction
of any property or death of or injury to any person (including but not limited to the licensee's employees)
or any administrative or judicial proceedings in whole or in part arising out of the contract or in
connection with the work to be performed, including without limitation all acts or alleged acts of the
licensee, its employees, agents, or subcontractors, but excluding that arising out of the sole legal cause
of the Village, its agents or employees.
General Liability: Two million dollars($2,000,000) combined single limit per occurrence for bodily injury,
personal injury and property damage.
Automobile Liability: One million dollars($1,000,000) combined single limit per accident for bodily injury
and property damage.
Worker's compensation and employers' liability: Worker's compensation limits as required by the Labor
Code of the State of Illinois and employers'liability limits of one million dollars($1,000,000)per accident.
C. Collection. The licensee shall collect and pick up all waste from each premise served by said
licensee. Residential collection shall be conducted per the terms of the residential municipal waste
collection contract.
Commercial scavenger service licensees shall offer regular collections for commercial customers at least
once per week according to a schedule to be agreed upon by the licensee and commercial customer.
Collections shall be made from a location at the commercial customer's building behind the front line of
said building. Commercial type containers shall be furnished by the licensee, or may be fumished by the
customer, if approved by the licensee.
D. Condition of Equipment. The licensee shall use modem loader trucks and keep all equipment used in
performance of its work in a clean,sanitary condition and not permit the same to remain standing
anywhere in the Village. No such vehicle shall be driven through or over any road or street within the
Village during or on a Sunday. All scavenger vehicles shall be clean and disinfected when not in use in
order that such vehicles do not become offensive. Recyclable material shall be collected in a vehicle
Ordinance 97-LC-SW-G- 602
Amending Chapter 8,Article III
"Scavengers", Page 4
appropriate for this purpose. Landscape materials shall be collected in a leak-proof packer type truck.
Such trucks and equipment shall at all times be available for inspection by the Village upon request.
E. Disposal of Refuse. All refuse collected by a licensee shall be disposed of by the licensee at his own
expense outside the corporate limits of the Village. Recyclable refuse shall be disposed of at a proper
processing facility or a materials vendor. Landscape waste shall be disposed of at a site in conformance
with State requirements. It shall be unlawful for any licensee to dispose of or store any refuse in any
place within the Village limits.
All refuse collected by any licensee shall be disposed of in accordance with all applicable statutes of the
State of Illinois and the ordinances of the Village.
F. Holiday Pick Ups. When a scheduled pickup day falls on a holiday,the refuse shall be picked up on
the next business day occurring immediately thereafter.
G. Customer Service. Each licensee shall provide an area office and telephone number for the receipt
of service calls or complaints, and shall have an employee available to receive such calls on working
days from eight o'clock(8:00)a.,m.to four o'clock(4:00) p.m. Complaints shall be given prompt and
courteous attention. In case of missed scheduled collections,the licensee shall investigate and, if the
claim is valid,shall arrange for a pickup of the refuse in question within twenty-four(24) hours after the
complaint is received. Any complaints received by the Village will be immediately forwarded to the
licensee. All licensees shall maintain a log of every complaint received,the date received,the person
making the complaint, any action taken and the date such action is taken. Such complaint log shall at all
times be available for inspection by the Village.
Sec. 8-150. Storage of Refuse.
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 pickup. In addition,all such
containers shall be removed from public view after collection no later than 6:00 a.m.the day following
such collection.
Sec. 8-151. Collection of Recyclable Materials.
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.
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 the penalties set forth in Section 1-8 of this Code of Ordinances.'
Section 3: That this ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
Section 4: That the Village Clerk is hereby authorized and directed to publish this ordinance in
pamphlet form in the manner provided by law.
11th
PASSED THIS day of November, 1997.
Ordinance 97-LC-SW-G-602
Amending Chapter 8,Article III
"Scavengers", Page 5
Ayes: Trustees Bartecki, Caleel, Kenny, McInerney and Savino
Nays: None
Absent: Trustee Shumate
Abstain: None
APPROVED THIS 11th day of November, 1997.
Village PresideA
ATTEST: P��of Oq��
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Approved as to Form:
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Village Attorney
Published 11-13-97 Pamphlet form
Date Paper
Not Published