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HomeMy WebLinkAboutORDINANCE - 3292 - 3/13/2012 - BUSINESS LICENSE REGULATIONS - COLLECTION BOXESORDINANCE NO. 3292 AN ORDINANCE AMENDING CHAPTER 14 SCAVENGERS AND SCRAP DEALERS OF TITLE 3 BUSINESS AND LICENSE REGULATIONS OF THE VILLAGE CODE OF ELK GROVE VILLAGE BY ADDING THERETO A NEW ARTICLE FOR THE REGULATION OF COLLECTION BOXES WITHIN THE VILLAGE WHEREAS, the Village of Elk Grove Village seeks to provide regulatory oversight of the installation and maintenance of collection boxes within the Village; and WHEREAS, the Village of Elk Grove Village has determined that collection boxes are currently located at retail centers, churches and businesses, some of which are there without the approval or permission of the property owner; and WHEREAS, the Village of Elk Grove Village has determined that many collection boxes are not being properly maintained; and WHEREAS, the Village of Elk Grove Village has determined that the licensing and corresponding regulatory control will allow the Village to provide proper oversight of the location, quantity, and aesthetics of collection boxes as well as the proper maintenance thereof. 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 the title of Chapter 14 of Title 3 of the Village Code be changed to read as follows: CHAPTER 14 SCAVENGERS, SCRAP DEALERS AND COLLECTION BOXES Section 2: That Chapter 14 of Title 3 of the Village Code, as re -titled, be amended by adding thereto a new Article C for collection boxes which article shall read as set forth on Exhibit A attached hereto and by this reference incorporated herein. Section 3: That this ordinance shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 13th day of March 2012. APPROVED this 13th day of March 2012. APPROVED: Mayor Craig B. Johnson ATTEST: Judith M. Keegan, Village Clerk Ordcol lecl ionboiecamen d EXHIBIT A ARTICLE C COLLECTION BOXES 3-14C-1 Definitions COLLECTION BOX: An unattended container, receptacle, or similar device that is used for soliciting and collecting donations of clothing or other salvageable personal property. This term does not include any unattended collection box located within a building. RETAIL CENTER: Any concentration of two (2) or more retail stores and/or service establishments in one or more buildings, or on one or more adjacent lots, under single ownership or management or multiple ownership on contiguous or adjacent lots with one or more of the following: Common parking facilities. Common storm water detention, drainage or storm sewer facilities, Common water distribution facilities, Common sanitary sewer facilities, Non-exclusive ingress or egress from public streets. 3-14C-2 License Required It shall be unlawful for any person, firm or corporation to place a collection box or to allow to be placed or permit the placement of a collection box on their own property without first having obtained a license as herein provided. 3-14C-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 the placement of a collection box shall specify the type of merchandise being collected and the number of and locations of the collection boxes being placed. The fee for a collection box license shall be two -hundred fifty dollars ($250.00) per year plus two -hundred dollars ($200.00) for each collection box being placed. 3-14C-4 Requirements and Restrictions A. Placement of a collection box is permitted only in retail centers, schools, churches and buildings owned and operated by not-for- profit organizations. B. The collection box owner shall submit written authorization from the property owner consenting to the placement of a collection box on the subject property. C. Collection boxes must display the license sticker on the front of the collection box. D. Collection box owners must respond to any and all complaints regarding collection box maintenance within 24 hours of receiving notification Monday through Friday and 48 hours of receiving notification Saturday and Sunday. E. Collection boxes shall not be on any permeable surface. F. Collection boxes shall not be placed within a required front or corner side yard, or major arterial setback. To the extent feasible, collection boxes 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 boxes shall not be placed in such a manner as to cause a sight obstruction for pedestrians or motorists. H. Only one collection box shall be permitted per lot or per retail center, school, church, or not-for-profit organization property, whichever is more restrictive. 1. Collection boxes shall not exceed six and a half feet (6.5') in height. J. Collection boxes shall not possess a footprint exceeding twenty (20) square feet. K. Collection boxes 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 box. L. Collection boxes shall contain the following contact information in two inch type visible from the front of the box: the name, address, email and phone number of the owner of the collection box. M. Collection boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust and shall be free of graffiti. All boxes shall be serviced regularly so as to prevent overflow of collections or the accumulation of junk, debris or other material. 3-14C-5 Revocation of License Any licensee who receives three (3) or more violations of the provisions of this Chapter will have their license revoked. Any licensee whose license has been revoked may request a hearing before the License Review Committee to appeal any such revocation. 3-14C-6 Penalty Any person, firm or corporation who violates any of the provisions of this Chapter shall be subject to a fine of not less than fifty dollars ($50.00) no more than five -hundred dollars ($500.00) for each offense and a separate offense shall be deemed committed on each day on which a violation occurs or continues to exist. In addition, any licensee whose license has been revoked or any person who places a collection box without a license will be required to remove the collection box within 48 hours after receiving notice to remove same. The Village may cause the removal of any box remaining after said 48 hour period. In this event, the property owner wherein the collection box is located shall be subject to a removal fee of two -thousand five hundred dollars ($2,500.00). The licensee and the property owner on whose property the collection box is placed are jointly and severely liable for adhering to the provisions of this Chapter and any fees or penalties associated therewith.