G32-16 Ordinance No. G32-16
AN ORDINANCE
AMENDING CHAPTER 9.38 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "COLLECTION BINS"
WHEREAS, the City Council of the City of Elgin has determined it is necessary and
desirable to provide for the regulation of collection bins within the City; and
WHEREAS,the City of Elgin is a home rule municipality as defined in Article VII, Section
6A of the 1970 constitution of the State of Illinois; and
WHEREAS,a home rule unit may exercise any power and perform any function pertaining
to its government and affairs; and
WHEREAS,the City of Elgin has observed an increase in the number of collection and/or
donation bins and boxes, and other similar receptacles that are designed for the purpose of
collecting various kinds of salvageable personal property for donation or other re-use ("collection
bins")within the corporate limits of the City of Elgin; and
WHEREAS, the City of Elgin has further observed that items of property are frequently
left in the exterior areas surrounding such collection bins, which items may be further spread by
adverse weather conditions, animal contacts, or other human activities; and
WHEREAS, the presence of collection bins and the accumulation of items creates an
unsightly appearance, may attract vermin or other animals, and may be a potential hazard to
pedestrian and vehicular traffic, all of which have a negative effect on the value of property in and
around the area of the collection bins and further creating a risk to the public health and welfare;
and
WHEREAS,the City of Elgin has determined that it is beneficial and in the public interest
to regulate collection bins in order to prevent or minimize the unsightliness and public health
hazards associated with such collection bins; and
WHEREAS, the presence of unattended and unregulated collection bins is directly and
indirectly injurious to the public health, safety, peace and welfare, diminishes property values in
the area surrounding such collection bins, and constitutes a public nuisance; and
WHEREAS, the regulation of collection bins contained herein pertains to the government
and affairs of the City of Elgin; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Chapter 9.38 of the Elgin Municipal Code, 1976, as amended, entitled
"Collection Bins"be and is hereby created to read as follows:
Chapter 9.38
COLLECTION BINS
9.38.010: DEFINITIONS:
9.38.020: LICENSE REQUIRED:
9.38.030: QUALIFICATIONS OF LICENSEES:
9.38.040: APPLICATION:
9.38.050: REQUIREMENTS AND RESTRICTIONS:
9.38.060: MANAGEMENT AND MAINTENANCE:
9.38.070: REMEDIES; REVOCATION OR TERMINATION OF LICENSE:
9.38.080: PENALTY:
9.38.010: DEFINITIONS:
The following terms as used in this chapter shall have the meanings as set forth below. Unless
specifically defined herein, where a word or phrase used in this chapter is defined in the Elgin
Zoning Ordinance or the Elgin Municipal Code, such other definition shall apply in the
interpretation of this chapter.
COLLECTION BIN: Any receptacle which is either utilized, designed, adorned, or located in a
manner which suggests to a reasonable person of common intelligence that the intent of said
receptacle is to receive and temporarily hold clothing, shoes, textiles, books, electronics, toys,
household items, or other like commonly donated items or salvageable personal property that
would then be either re-used, re-distributed, or used for another purpose, not simply discarded.
Library return facilities and remote bookdrops owned or operated by a library are not included
within this definition of a collection bin.
COLLECTION BIN OWNER:Any organization,firm,or other entity that owns or seeks to locate,
maintain, or operate a collection bin in the City for which a license is required pursuant to this
chapter.
HAZARDOUS MATERIALS: Any substance or material which includes explosives, radioactive
materials, petroleum or petroleum products or gases, poisons, etiology (biological) agents,
flammables, corrosives or any substance determined to be hazardous or toxic under any federal or
state law, statute or regulation.
SITE HOST: The property owner or lawful occupant of the site where the collection bin is placed
or is intended to be placed.
9.38.020: LICENSE REQUIRED:
A. It shall be unlawful for any person, firm or corporation to place, erect, maintain, operate,
or host a collection bin on any property within the City, or to allow a collection bin to be
placed, erected, maintained, operated, or hosted on any property within the City, without
first having obtained a license as herein provided.
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B. A license issued under this chapter shall be issued to the collection bin owner and the site
host,who shall be jointly and severally liable for complying with this chapter.
C. A license issued for the placement and operation of a collection bin shall expire on
December 31 of the calendar year in which the license was issued unless the license is
revoked or otherwise terminated pursuant to the provisions of this chapter.
D. The fee for a collection bin license shall be seventy five dollars ($75.00). The license fee
provided for herein shall be payable in full at the time of issuance of said license. License
fees shall not be prorated based upon the time remaining in the calendar year in which the
license was issued. If the collection bin owner is a school, church, unit of government, or
not-for-profit corporation, as evidenced by the proof required pursuant to subsection
9.38.040.0 of this chapter,the license fee shall be waived.
E. A license issued under this chapter may be renewed by submitting a timely renewal
application and a renewal fee in the amount of fifty dollars ($50.00). The City may
determine that a license shall not be renewed if the licensee has been found liable for
violating any provisions of this chapter during the previous license term.
F. Collection bins located entirely within an enclosed building for which a principal use on a
property has been lawfully established shall be exempt from the license requirements of
this chapter.
9.38.030: QUALIFICATIONS FOR A LICENSE:
A. An entity seeking to qualify for a license pursuant to this chapter must be in good standing
with the State of Illinois.
B. In order to qualify for a license pursuant to this chapter, the site host must be the owner or
lawful occupant of the property where the collection bin is proposed to be located, and
must operate a school,church,governmental,or not-for profit-organization on the property.
No license shall be issued if there is no lawful principal use established on the property.
9.38.040: APPLICATION:
Any person desiring to place a collection bin within the City shall make application for a license
to the City Finance Director, setting forth the following information:
A. The name, address,telephone number,e-mail address and website, if any, of the collection
bin owner;
B. The name, address,telephone number and e-mail address of a contact person who shall be
responsible to respond to maintenance requests or complaints regarding the collection bin
and who shall accept service of any citations for a violation of this chapter. The licensee
shall provide the City with updated information if the contact person's information changes;
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C. If the collection bin owner claims to be a qualified not for profit organization:
1. A copy of the determination letter issued by the internal revenue service stating that the
applicant is a public charity exempt under internal revenue code section 501(c)(3);
2. Evidence of registration and the filing of an annual financial report with the Illinois
attorney general's office; and
3. A certificate of good standing issued by the Illinois secretary of state;
D. If the collection bin owner is a corporation or limited liability company, the owner shall
provide a certificate of good standing issued by the Illinois secretary of state. A certificate
of good standing must not be older than three (3) months at the time of application for a
license;
E. The name, address and telephone number of the site host and a description of the business
or other lawful activity conducted by the host on the property;
F. A copy of any text and/or graphics that are proposed to be on the collection bin;
G. A drawing/site plan that is sufficient to depict the proposed location of the collection bin
on the subject property, including the dimensions of the collection bin and the distance of
the collection bin to all property lines;
H. The number of licenses the collection bin owner maintains in the City, as well as the
number of collection bins hosted by the site host;
I. The collection bin owner shall submit written authorization from the site host consenting
to the placement of a collection bin on the subject property;
J. The license application must be signed by both the collection bin owner and the site host,
who shall be jointly and severally liable for complying with this chapter; and
K. A collection bin owner that has been found liable for three (3) or more violations of this
chapter within any 12-month period and which has had its license revoked shall be
ineligible to obtain a license for a period of three(3)years from the date of such revocation.
L. A license for a collection bin shall not be issued if the proposed collection bin will not meet
the requirements of this chapter and any other applicable provisions of the Elgin Municipal
Code.
M. A license issued under this chapter shall not be transferred, assigned, or conveyed to
another person or operator.
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9.38.050: REQUIREMENTS AND RESTRICTIONS:
A license shall not be issued for a collection bin unless the license applicant demonstrates
compliance with the following standards:
A. Placement of a collection bin is permitted only on properties on which schools, churches,
and buildings owned and operated by units of government or not-for-profit organizations
have been lawfully established.
B. Collection bins must display the license sticker on the front of the collection bin, and the
license sticker shall be visible at all times.
C. Collection bins must be placed on a paved surface and shall not be on any permeable
surface.
D. Collection bins shall not be placed in any City or public right-of-way.
E. Collection bins shall not be located in a parking space.
F. Collection bins shall not be placed within a street yard, and shall adhere to the setback
requirements for an accessory structure as set forth in the Elgin Zoning Ordinance for the
zoning district in which the collection bin is located. To the extent feasible,collection bins
shall be placed in the rear or side of a property so as to be inconspicuous as viewed from
public rights-of-way.
G. Collection bins shall not be placed in such a manner as to cause a view obstruction for
pedestrians or motorists,as set forth in section 19.12.600.A of the Elgin Zoning Ordinance.
Collection bins placed on private sidewalks must allow at least five feet (5') of pedestrian
walkway in front of the collection bin.
H. Collection bins shall not be located within ten feet(10') of a fire hydrant.
I. No more than one (1) collection bin shall be permitted per lot or per school, church,
governmental, or not-for-profit organization property.
J. Collection bins shall not exceed six and one-half(6.5) feet in height.
K. Collection bins shall not possess a footprint exceeding twenty(20) square feet.
L. Collection bins shall indicate whether the operator is a for profit or not-for-profit
organization in two-inch type visible from the front of the collection bin.
M. Any lettering on collections bins shall not exceed five-inch letter height. Collection bins
shall contain the following contact information in two-inch type visible from the front of
the box: the name, address, e-mail and phone number of the owner of the collection bin.
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N. If the donation box is owned by a not-for-profit organization, a statement must be
conspicuously displayed on the front of the donation box with a minimum typeface of two
inches (2") that indicates that the donation box is owned and operated by a not for profit
organization, the name of the organization and a description of the charitable causes that
the donations will benefit.
O. If the donation box is owned by a for profit company, the front of the donation box shall
conspicuously display a statement with a minimum typeface of two inches (2") that
indicates the name of company,that it is a for-profit company and that deposits are not tax
deductible.
9.38.060: MANAGEMENT AND MAINTENANCE:
A. Collection bins shall be maintained in good condition,appearance,and working order with
no structural damage, holes, or visible rust, and shall be free of graffiti. Collection bins
shall be maintained in a watertight and animalproof condition,and secured to prevent wind
from disbursing its contents.
B. Collection bins shall be serviced and the contents thereof collected regularly so as to
prevent overflow of collections or the accumulation of junk,debris or other material. Upon
servicing, any and all material must be removed. A licensee shall not permit items to be
placed, around, beside, on, or outside of the collection bin.
C. No hazardous materials or items may be deposited or collected in a collection bin.
D. A collection bin owner must respond to any and all complaints regarding collection bin
maintenance within twenty-four(24)hours of receiving notification on a Monday through
Friday and forty-eight (48)hours of receiving notification on a Saturday or Sunday.
9.38.070: REMEDIES; REVOCATION OR TERMINATION OF LICENSE:
A. If a licensee does not maintain a collection bin in accordance with this chapter or otherwise
fails to comply with the requirements of this chapter or of any other provisions of the Elgin
Municipal Code, the City may serve a written notice of noncompliance upon the licensee
requiring the condition of noncompliance to be remedied within forty-eight (48) hours of
service of the notice. The notice shall be served by transmitting a copy of the notice to the
collection bin owner's designated contact person by electronic mail to the e-mail address
provided in the license application, and by posting a copy of the notice on the collection
bin. The notice shall provide that if the condition of noncompliance is not remedied within
forty-eight (48) hours of service of the notice, the City shall be authorized to remove the
collection bin at the licensee's cost and expense. If a licensee fails to remedy any condition
of noncompliance within forty-eight (48) hours after notice, the license issued to licensee
shall be revoked, and the City shall be authorized to remove the collection bin to a secure
location. In the event of such removal, the City shall notify the collection bin owner's
designated contact person that if the collection bin owner does not retrieve the collection
bin from the secure location within seven(7)days following service of the notice,the City
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shall be authorized to dispose of the collection bin and its contents. Before the collection
bin is released to the licensee, the licensee must pay an administrative penalty of$100.00,
plus an additional administrative penalty of$25.00 per day for the City's costs in removing
and storing the collection bin. If the collection bin owner does not collect the collection
bin from its secure location within seven (7) days following notice, the City is authorized
to dispose of the collection bin and its contents in any lawful manner. In addition to the
administrative penalties set forth herein, the collection bin owner shall be liable for the
reasonable costs of removal and disposal incurred by the City. The licensee's act of
collecting the collection bin shall not affect the revocation of the license for the collection
bin. Any licensee whose license was revoked may request a hearing before the City's
Division of Administrative Adjudication to appeal any such revocation.
B. Any licensee or any other person or entity who places a collection bin within the City
without a license or when their license was revoked will be required to remove the
collection bin within forty-eight (48) hours after receiving notice to remove same. The
notice shall be served by transmitting a copy of the notice to the collection bin owner's
designated contact person where such contact information is available from a prior license
application,and by posting a copy of the notice on the collection bin. A copy of the notice
shall also be provided to the owner of the property on which the collection bin is located.
The notice shall provide that if the condition of noncompliance is not remedied within
forty-eight (48) hours of service of the notice, the City shall be authorized to remove and
dispose of the collection bin and its contents at the collection bin owners and/or the site
host's cost and expense. The City may remove any collection bin remaining after said
forty-eight(48)hour period and dispose of the collection bin and its contents in any lawful
manner. In this event, the site host wherein the collection bin is located and/or the
collection bin owner may be liable for the reasonable costs of removal and disposal
incurred by the City.
C. If the principal use on the property on which a collection bin is located has ceased, the
collection bin license shall automatically terminate. In such event the licensee shall have
seven(7)calendar days to remove the collection bin from the property. If the licensee fails
to remove the collection bin within seven(7) days, the City shall be authorized to remove
the collection bin in accordance with the procedures set forth subsection 9.38.070.A herein.
D. In the event a property owner or lawful occupant has a collection bin placed on their
property without their consent and has no intention of being a site host, they shall notify
the City regarding the collection bin within forty-eight (48) hours of the placement of the
collection bin on their property. The City will consult with the property owner or lawful
occupant regarding the removal of any collection bin that may have been placed without
the property owner's consent, and the City shall be authorized to remove the collection bin
in accordance with the procedures set forth subsection 9.38.070.B herein.
9.38.080: PENALTY:
In addition to any other remedies provided for in this chapter,any person, firm or corporation who
violates any of the provisions of this chapter shall subject to a fine of not less than$50.00 and not
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more than$750.00 for each offense. A separate offense shall be deemed committed on each day
on which a violation occurs or continues to exist. The licensee and the site host are jointly and
severally liable for adhering to the provisions of this chapter and any fees or penalties associated
therewith.
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 3. That this ordinance shall be in full force and effect ten days after its passage
and publication in the manner provided by law. /
Davis J. K. in, ayor
Presented: August 10, 2016
Passed: August 10, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: August 10, 2016
Published: August 12, 2016 , �
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