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HomeMy WebLinkAboutORDINANCE - 2828 - 5/8/2001 - PEDDLERS & SOLICITORS & SCAVENGERSORDINANCE NO. 2828 AN ORDINANCE AMENDING CHAPTER 9 PEDDLERS AND SOLICITORS AND CHAPTER 14 SCAVENGERS BY CHANGING THE TERM JUNK PEDDLER TO SCRAP DEALER AND RELOCATING REGULATIONS CONCERNING SCRAP DEALERS TO WHEREAS, the Village currently licenses peddlers, junk peddlers, and dealers in junk pursuant to Article A of Chapter 9, Peddlers and Solicitors, of the Village Code; and WHEREAS, the Village Board finds that the definitions and terminology pertaining to junk peddlers is obsolete and that it would be proper to establish new regulations relating to certain businesses dealing with discarded material, and relocating said regulations to Chapter 14 Scavengers. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That Chapter 9 Article A Peddlers of the Village Code be and the same is hereby amended to read as follows: ARTICLE A. PEDDLERS Section 3-9A-1: License Required - It shall be unlawful for any person to operate as a Peddler, either by himself or through an agent, employee or partner, without first having obtained a license as herein provided. A Peddler shall mean any person who, going from place to place, shall sell, offer for sale, sell and deliver, barter or exchange any goods, merchandise, article or thing in the Village. Section 3-9A-2: Application - An application for a license under this article shall be made in conformity with the general requirements of this code relating to applications for licenses. A Peddlers application shall specify the kind of merchandise or article to be peddled and the number of vehicles, if any, intended to be operated by the licensee. Section 3-9A-3: Requirements and Restrictions - A. It shall be illegal for any Peddler to peddle any goods, merchandise, articles or things other than those specified in the application. B. No Peddler shall conduct business between the hours of 7:00 p.m. and 9:00 a.m. C. No Peddler shall conduct business on Sundays. D. No Peddler shall conduct business on any public property. E. It shall be unlawful for any Peddler to disturb or attempt to gain entrance to any premises which has posted a sign which states to the effect that No Peddlers or No Solicitors are invited. Any Peddler who has gained entrance to any residence or premises, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the owner or occupant. Section 3-9A-4: Inspections - It is the responsibility of the Chief of Police to make or cause to be made such inspections as maybe necessary to ensure compliance with the provisions of this article and all other ordinances relating hereto. Section 2: That the title of Chapter 14, Scavengers, shall be amended to be Chapter 14 Scavengers and Scrap Dealers. In so amending, the sections pertaining to scavengers shall become Article A and all sections thereof shall be renumbered from 3-14- 1 thru 3-14-8 to 3-14A-1 thru 3-14A-8. 2 Section 3: That the newly renumbered Section 3 -14A -3B be amended to read as follows: INDUSTRIAL/CObMRCIAL SCAVENGER 1. Flat Fee: $2,500.00 2. Account Fee: $10.50 per month, per account, payable quarterly, the total fee to be based on the number of accounts at the beginning of each license year. 3. Sur -charge Fee/Appeal: m(the text of this section shall be the same as current Section 3-14-3-B-5, which Section is hereby renumbered to Section 3). Section 4: That Chapter 14 Scavengers and Scrap Dealers be further amended by adding thereto a new article which shall read as follows: ARTICLE B. SCRAP DEALERS Section 3-14B-1: Definitions: SCRAP - Any old iron, chain, brass, copper, tin, lead or other base metals; old rope, bags, rags or other discarded cloth or similar material; wood scrap, used wooden pallets and other discarded wood material and such other articles or things which are discarded or no longer used as a manufacturing article, which materials have a re -sale value, whether in a processed state or as refurbished. SCRAP DEALER - A person, firm or corporation who deals in scrap material, including the collection, transportation, processing, refurbishing and disposition thereof. Section 3-14B-2: LICENSE REQUIRED: - It shall be unlawful for any person, firm or corporation to operate as a Scrap Dealer, either by himself or an agent, employee or partner, 3 without first having obtained a license as is herein provided. Section 3-14B-3: APPLICATION FOR LICENSE/FEE: An application for a license under this Article shall be made in conformity with the general requirements of this code relating to applications for licenses. An application for a Scrap Dealer's license shall specify the kind of merchandise or article which the licensee intends to deal in and the number of vehicles, if any, intended to be operated by the licensee. The fee for a Scrap Dealer's license shall be $250.00 per year. Section 3-14B-4: REQUIREMENTS AND RESTRICTIONS: A. A vehicle used for dealing in scrap shall maintain all safety equipment and proper weight licenses as required by the State. B. It shall be unlawful for any such vehicle to be driven over or through any street in the Village during or on a Sunday. C. It shall be unlawful for a Scrap Dealer, while collecting or transporting scrap material in the Village, to scatter or allow to be scattered any discarded material or refuse in such a manner as to create a public health hazard or nuisance. D. It shall be unlawful for any Scrap Dealer to haul any material other than scrap as herein defined, such as garbage, which material would require a scavenger license. 3-14B-5: INSPECTIONS - It shall be the responsibility of the Health Officer and Chief of Police to inspect or cause to be made such inspections as may be necessary to insure compliance with the provisions of this Article and all other Ordinances relating hereto. S Section 5: That Section 3-14A-1 of Chapter 14 Scavengers and Scrap Dealers be amended by adding to the definition of Scavenger, after the words "yard waste" the following phrase: "provided that scavenger shall not include Scrap Dealers as herein defined in Article B." Section 6: That Chapter 1, General Licensing Provisions, of Title 3 be amended by adding thereto a fee for Scrap Dealers, which annual fee shall be $250.00 and that the fee for Junk Peddler be and the same is hereby repealed. Section 7: That the Village Clerk is hereby authorized to publish this Ordinance in pamphlet form. Section 8: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 8th day of May 2001. APPROVED this 8th day of May 2001. PUBLISHED this 11th day of May 2001. ATTEST: Ann I. Walsh Village Clerk ORNECAVENGER.DOC 5 APPROVED: Craig B. Johnson Mayor