ARTICLE I - REFUSE COLLECTION CODE
17-1-1 SHORT TITLE. This Chapter shall be known and may be cited as the “Municipal Refuse Collection Service Code of the Village of Noble, Richland County, Illinois”.
17-1-2 DEFINITIONS. For the purposes of this Chapter the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
“Franchisee” is the person or persons with whom the Village has contracted for providing services to collect refuse with the Village limits.
“Village” is the Village of Noble, Richland County, Illinois.
“Garbage” is the putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
“Person” is any person, firm, partnership, association, corporation, company or organization of any kind.
“Refuse” is all putrescible and nonputrescible solid wastes (except body wastes), including garbage and rubbish.
“Rubbish” is nonputrescible solid wastes (excluding ashes), consisting of both combustible and non-combustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.
17-1-3 COLLECTION BY VILLAGE OR UNDER FRANCHISE. All refuse accumulated in the Village shall be collected, conveyed and disposed of by the Village or such person or persons to whom the Village has granted a franchise therefor. No person shall collect, convey over any of the streets or alleys of the Village, or dispose of, any refuse accumulated in the Village without a franchise therefor granted by the Village.
(A) Exception for Actual Producers. This Chapter shall not prohibit the actual producers of refuse, or the owners of premises upon which refuse has accumulated, from personally collecting, conveying and disposing of such refuse, provided such producers or owners comply with the provisions of this Chapter and with any other governing law or ordinances.
(B) Exception for Outside Collectors. This Chapter shall not prohibit collectors of refuse from outside of the Village from hauling such refuse over Village streets, provided such collectors comply with the provisions of this Chapter and with any other governing law or ordinances.
17-1-4 SUPERVISION BY VILLAGE. All refuse accumulated in the Village shall be collected under the supervision of the Village. The Village shall have the authority to make regulations concerning the days of collection, type and location of waste containers and
such other matters pertaining to the collection, conveyance and disposal as the Village shall find necessary, and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof.
17-1-5 PRECOLLECTION PRACTICES.
(A) Trimmings and Clippings. Tree trimmings, hedge clippings and similar material shall be cut to length not to exceed four (4) feet and securely tied in bundles not more than two (2) feet thick before being deposited for collection.
(B) All Other Refuse. All other refuse shall be deposited for collection in approved containers with lids or plastic bags with sufficient strength to hold the materials therein when being handled for collection and must be in enclosed or tied together to prevent spillage.
(C) Refuse Containers.
(1) Duty to Provide and Maintain in Sanitary Condition. Refuse containers shall be provided by the owner, tenant, lessee, or occupant of the premises. Refuse containers shall be maintained in good condition. Any container that does not conform to the provisions of this Chapter or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replaced upon notice. The Village or any franchisee shall have the authority to refuse collection services for failure to comply herewith.
(2) Containers. Containers shall be made of metal or rigid plastic equipped with suitable handles and tight fitting covers and shall be water tight or be plastic bags with sufficient strength to hold the materials therein when being handled for collection and must be enclosed or tied together to prevent spillage.
(a) Capacity. Containers shall have a capacity of not more than thirty (30) gallons.
(b) Sanitation. Containers shall be kept in a clean, neat and sanitary condition at all times.
(3) Nonresidence Containers. Containers for any person other than for a residence or apartment shall be a type approved by the Village or any franchisee of the Village.
(D) Storing of Refuse.
(1) Public Places. No person shall place any refuse in any street, alley or other public place, or upon any private property whether owned by such person or not, within the Village except it be in proper containers for collection or under express approval granted by the Village. Nor shall any person throw or deposit any refuse in any stream or other body of water.
(a) Unauthorized Accumulation. Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of refuse within thirty (30) days after the effective date of this Chapter shall be deemed a violation of this Chapter.
(b) Scattering of Refuse. No person shall cast, place, sweep or deposit anywhere within the Village any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied premises within the Village.
(E) Points of Collection. Refuse containers shall be placed for collection at ground level on the property, not within the right-of-way of a street or alley, and accessible to and not more than ten (10) feet from the side of the street or alley from which collection is made, provided that containers may be placed for collection at other than ground level and at a distance of more than ten (10) feet when approved by the Village and an additional payment for extra service is agreed upon by both parties or any franchisee of the Village.
17-1-6 COLLECTION PRACTICES.
(A) Frequency of Collection.
(1) Residential. Refuse accumulated by residences shall be collected at least once each week.
(2) Commercial. Restaurants and other business and institutions as deem it necessary may enter into an agreement for a greater frequency of collection. Where necessary to protect the public health, the Village shall have the authority to require that more frequent collections be made.
(B) Limitation on Quantity.
(1) Residential. The Village or any franchisee of the Village shall collect a reasonable accumulation of refuse from each customer residence during a collection period but not to exceed four (4) approved containers or four (4) plastic bags per week for the standard charge.
(2) Commercial. The Village or any franchisee of the Village shall collect a reasonable accumulation of refuse of restaurants and other businesses and institutions during the collection period at a fair charge based upon the average weight or volume. The Village or any franchisee shall have the authority to refuse to collect unreasonable amounts or to make an additional charge for such amounts.
(C) Special Refuse Problems.
(1) Contagious Disease Refuse. The removal of wearing, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed should be performed under the supervision and direction of the County Health Department or any other appropriate entity authorized to direct or supervise the same. Such refuse shall not be placed in containers for regular collections.
(2) Inflammable or Explosive Refuse. Highly inflammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the Village at the expense of the owner or possessor thereof.
(D) Collection by Actual Producers and Outside Collectors.
(1) Requirements for Vehicles. The actual producers of refuse or the owners of premises upon which refuse is accumulated who desire personally to collect and dispose of such refuse, persons who desire to dispose of waste material not included in the definition of refuse and collectors of refuse from outside of the Village who desire to haul over the streets of the Village, shall use a water-tight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled.
(2) Disposal. Disposal of refuse by persons so permitted under subsection (1) above shall be made outside the Village limits.
(3) Rules and Regulations. The Village shall have the authority to make such other reasonable regulations concerning individual collection and disposal and relating to the hauling of refuse over Village streets by outside collectors as it shall find necessary.
17-1-7 FEES AND COLLECTION THEREOF.
(A) Fees. The fees of any franchisee of the Village for collection and disposal of refuse shall be set by the Village in any franchise grant.
(B) Delinquent Accounts. All accounts shall be considered delinquent if not paid by the thirtieth (30th) day of each month following the month for which services are rendered. All delinquent accounts are subject to stoppage of service without notice.
(C) Legal Remedy. The stoppage of services hereinbefore authorized for non-payment of collection charges shall be in addition to the right of the Village or any franchisee to proceed for the collection of such unpaid charges in a manner provided by law.
17-1-8 RESTRICTING USE OF VILLAGE STREETS. The Mayor is authorized to restrict the use of the Village streets by vehicles used in the collection of garbage, rubbish and refuse whenever said Village streets may, by deterioration, rain, snow and other climate conditions be seriously damaged or destroyed, unless the use of vehicles thereon is prohibited or the permissible weights thereof reduced. In such event, should such collection of garbage, rubbish and refuse be under any franchise from the Village, the Mayor shall notify the franchisee of such weight limitations or use prohibitions upon the streets of the Village and any collection of garbage, rubbish and refuse shall be limited to motor vehicles not exceeding ten thousand (10,000) pounds when fully loaded.
17-1-9 CONTRACT OF SERVICES BY VILLAGE. The Village may contract with any person or persons to provide services for the collection of garbage, rubbish or refuse within the Village limits and may grant one or more an exclusive franchise therefor. (See Addendum “A” for contract.)
17-1-10 PENALTIES. Any person convicted of violating any provision of this Chapter commits a petty offense as defined by the Illinois Criminal Code and shall be fined not less than One Hundred Twenty Dollars ($120.00) nor more than Seven Hundred Fifty Dollars ($750.00). A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. No. 2011-655; 01-24-11)
(Unless Otherwise Noted, Ord. No. 86-484; 09-02-86)