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G90-04 Ordinance No. G90-04 AN ORDINANCE lels 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 1. That Chapter 9.24 of the Elgin Municipal Code, 1976, as amended, entitled "Garbage and Refuse," be and is hereby amended by amending Section 9.24.040, entitled, "Prohibitions,"to read as follows: "9.24.040: PROHIBITIONS: A. No person shall allow any solid waste, refuse cart, recycling cart or refuse container to remain along, at, or near any public street, sidewalk, tree bank or parkway, or in any area visible from a public street or in public view, with the exception of alleys, except: 1. Between the hours of five o'clock (5:00) P.M. of the day preceding the person's weekly collection day and twelve o'clock (12:00) midnight of such collection day; or 2. During any period in which regular curbside collection service is interrupted or delayed. B. All refuse carts and recycling carts obtained from the city's solid waste collection contractor shall be maintained in a reasonably sanitary condition, free from obnoxious odors and from attachments of solid waste likely to create breeding grounds for insects or vermin, beyond that incidental to solid waste deposited since the previous collection. C. No person receiving curbside collection service shall use any container for solid waste collection purposes other than the refuse carts and recycling carts which are provided either by the city or the city's solid waste collection contractor unless such container meets each of the following requirements: 1. The container is a watertight metal or plastic reusable waste container with handles, or a disposable plastic refuse bag. 2. The container is no larger than forty (40) gallons in capacity or forty five (45) pounds in weight. 3. The container is securely tied or closed in such a fashion so as to prevent the littering, leaking, or scattering of refuse or debris. 4. A valid disposal sticker has been affixed to the container. D. No person shall discard any solid waste other than recyclables in the recycling carts. E. No person shall use the refuse cart or recycling cart of another person for disposal of solid waste without the consent of such other person. F. No person shall remove any solid waste, recyclable materials or yard waste from a refuse cart or recycling cart, or from the property area where the solid waste, recyclable materials or yard waste has been placed for curbside collection service, except: 1) those persons entitled to the use of the refuse cart or recycling cart or the property area used for the disposal of their solid waste, 2) the city's solid waste collection contractor, or 3) the city. G. No person shall damage or alter the appearance of a refuse cart or recycling cart. H. No person shall remove or relocate any refuse cart or recycling cart from the curbside service unit to which it was furnished or supplied by the city or the city's solid waste collection contractor. I. No person shall remove a disposal sticker that has been affixed to a disposal unit or an appliance sticker that has been affixed to an appliance or white goods except those persons who purchased and affixed the disposal sticker or appliance sticker. J. No person shall deface a disposal sticker that has been affixed to a disposal unit or an appliance sticker that has been affixed to an appliance or white goods. K. No person shall resell a disposal sticker or appliance sticker in which the original adhesive backing cover of that disposal sticker or appliance sticker has been replaced or removed. L. No person shall sell a disposal sticker or appliance sticker unless authorized to do so by the city, nor shall any person selling a disposal sticker or an appliance sticker impose a surcharge on the sale of any such item." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Ed Schock, Mayor Presented: November 17, 2004 Passed: November 17, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: November 18, 2004 Published: Attest: P4'471-.4 PA Dolonna Mecum, City Clerk