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G16-90 (2) VOLUME LV 157 Ordinance No. GI6-90 AN ORDINANCE AMENDING CHAPTER 9.24 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED GARBAGE AND REFUSE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Title 9, Chapter 9.24 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting the following: 9.24.040 Penalty. In addition to any other penalty provided by law, the director of public works is authorized to refuse collection services until such times as all requirements of this chapter are met. Section 2. That Title 9, Chapter 9.24 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: 9.24.040 Recycling collection service. Curbside collection of recyclable items shall be made for such customers within the city whom presently place waste materials at the curbside to be collected by garbage collection crews under contract with the City of Elgin. The contractor shall collect recyclable materials including, but not limited to, newspaper, glass, aluminum and tin cans, at the curbside, from a 14 gallon recycling bin provided by the city once a week and on the same day as refuse is collected from the curbside. 9.24.050 Title to containers. All recycling bins shall remain the property of the city and shall not be removed from the property on which the dwelling unit is located without the written consent of the public works director. 9.24.060 Unlawful damage to city recycling containers. It shall be unlawful for any person, firm or corporation to remove any city recycling bin from a residential premises at which it is located or to damage such a recycling bin. 9.24.070 Replacement of recycling bins. Any damage to or loss of a recycling bin shall be reported to the public works department by the primary user of the recycling bin or by the person responsible for the damage or loss within 24 hours of the damage or loss. The cost to repair or replace a recycling bin damaged or lost shall be borne by the person responsible for such damage or loss. 158 VOLUME LV 9.24.080 Theft of recyclables. It shall be unlawful for any person, firm or corporation to collect, obtain, possess or pick up any recyclable item placed in or adjacent to city recycling bins placed for collection in front of a residence as part of the city's curbside recycling program or from any contoiner on city property, unless said person, firm or corporation has a contract with the city for the collection of recyclable materials. Any person, firm or corporation found to be in violation of this section shall be fined as provided in Chapter 1.20 of the Elgin Municipal Code. 9.24.090 Penalty. In addition to any other penalty provided by law, the public works director is authorized to refuse collection services until such times as all requirements of this chapter are met. Section 3. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form in the manner provided by low. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 14, 1990 Passed: March 14 , 1990 Vote: Yeas 5 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearmon, City Clerk February 15, 1990 MEMORANDUM TO: Mayor and Members of the City Council FROM: City Manager SUBJECT: Recycling Anti-Theft Ordinance PURPOSE: The intent of this memorandum is to provide information with which to consider the implementation of the subject ordi- nance. BACKGROUND: The SWAT Force recommendations dated April 14 , 1989 included several specifics on recycling which were used to formulate the curbside program which will be implemented on April 2 , 1990 . One additional recommendation involved a scavenger ordinance against stealing recyclable materials. We contacted several communities and received copies of sample ordinances for review. We combined the highlights of each into one paragraph as follows: Theft of Recyclables It shall be unlawful for any person, firm or corporation to collect, obtain, possess or pick up any recyclable item placed in or adjacent to City recycling bins placed for collection in front of a residence as part of the City' s Curbside Recycling Program or from any container on City property, unless said person, firm or corporation has a contract with the City for the collection of recyclable materials. Any person, firm or corporation found to be in viola- tion of this Section shall be fined as provided in Chapter 1 .20 of the Elgin Municipal Code. FINANCIAL IMPACT: Continuous enforcement of this provision on a City-wide basis would be cost prohibitive. However, calls from residents may lead to follow up action by the City. Enforcement costs have not been estimated due to a lack of previous experi- ence. RECOMMENDATION: It is recommended that Chapter 9 .24 of the Elgin Municipal Code entitled Garbage and Refuse be amended by approv- ing the subject Recycling Anti-Theft Ordinance. Second, the general public should be made aware of this ordinance in an effort to reduce the volume of stolen materials, thus increasing the revenue to be returned to the City from Elgin Wayne Disposal through the Curbside Recycling Contract. -S-i]fe a La ice, C' y Manager MDM0049/MEMOTOCNC a- F