1 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY/VILLAGE OF [INSERT HERE]
RECYCLING COLLECTION BINS
SUMMARY
An Ordinance amending the Municipal Code of the City/Village of [INSERT HERE] establishing rules, regulations and registrations of Recycling Collection Bins.
LEGISLATIVE INTENT
The City Council/Village Board notes that the citizens of the United States disposes of more than 242.96 million tons of solid waste each year, 55%-65% of which comes from single family residences. With a national recycling rate of just 33.8% such disposal unnecessarily burdens the state’s landfills and contributes to pollution and climate change by emitting greenhouse gases such as CO 2 and methane.
It is the intent of this ordinance to support and encourage, in a responsible manner, the placement and use of attended and unattended recycling collection bins. These bins are most commonly used to collect for recycling, re-sale or re-use general household goods such as clothing, shoes, books and small appliances.
When enacted, this ordinance will protect the environment by increasing community recycling and reducing the burden on local landfills, and will improve the economy by creating more jobs and provide goods for reuse and recycling.
Definitions.
Recycling Collection Bin
An attended or unattended receptacle, trailer or container made of metal, wood, steel or similar material for permanent or temporary use, designed or intended for the collection of unwanted clothing, shoes, textiles, books and other household items.
Site Host
The owner or lawful occupant (or their respective representatives) of the site of a Recycling Collection Bin within the City.
Permittee
Any organization, firm or other entity that owns and receives a permit to operate a Recycling Collection Bin in the City pursuant to this Chapter.
§xxx. Permit required; dates of issuance, expiration, response Attachment G
2 A. It shall be unlawful to erect, place, maintain or operate any Recycling Collection Bin without first obtaining a permit issued by the City.
B. The City shall approve permittee’s application if such application fulfills the application requirements under §xxx. Qualifications of Permittee and Form of Application.
C. A permit issued under this Chapter shall be valid for one year and renewable for one‐year periods thereafter.
D. Recycling collection bins owned and/or operated by one entity for the benefit of another entity require the contact information for both entities on the permit application. §xxx. Fee required.
A. Initial Application (one‐year period) e.g. $25.00.
B. Renewal Applications (one‐year period) e.g. $25.00.
C. Sticker fee (one year period) e.g. $10.00.
§xxx. Qualifications of Permittee and Form of Application.
In order to qualify as a permittee under this Chapter, an applicant must either be (1) a public charity exempt from taxes under Section 501(c)(3) of the United States Internal Revenue Code, and in good standing with the State of xxx, or (2) a business in good standing with the State of xxx. The application for a Recycling Collection Bin permit shall require the following information from the applicant:
A. If the applicant claims to be a qualified nonprofit entity, (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), and (2) a certificate of good standing issued by the state office that regulates corporations.. If the applicant is a business, a certificate of good standing issued by the Office of the Secretary of State of xxx. A certificate of good standing must not be older than 3 months at the ti
me of application for a permit.
B. Name, address and telephone number of contact person of the applicant.
C. Written consent from the Site Host to place the Recycling Collection Bin on the property, including name, address and telephone number of the Site Host.
D. Permittee must provide proof to the City of a Certificate of Liability Insurance of at least $1million covering permittee’s Recycling Collection Bins. §xxx. Proof of Permit
The City shall provide the permittee with one permit sticker for each approved permit. The permit sticker shall be placed in a conspicuous place in front of the recycling collection bin that is installed on the permitted property. The City will provide replacement stickers for (insert value) should the original sticker become damaged, fall off or disappear.
§xxx. Management, Maintenance; Requirements
Attachment G
3 A. Permittee must maintain the aesthetic presentation of each recycling collection bin including fresh paint, readable signage and general upkeep.
B. Permittee must provide to the Site Host a telephone number for requests to respond to recycling collection bin maintenance complaints.
C. Permittee must respond to recycling collection bin maintenance complaints within 24 hours of receiving notification during regular business hours.
D. Permittee must remove graffiti within 72 hours following receipt of notice of its existence.
E. If a recycling collection bin becomes damaged or vandalized, it shall be repaired, replaced or removed within five days of receipt of notice of such condition. §xxx. Placement of Recycling Collection Bins
A. Recycling Collection Bins shall be placed on the site in a manner that does not impede vehicular or pedestrian traffic flow.
B. Recycling Collection Bins shall not be placed in the right‐of‐way and shall adhere to the set‐back standards for the site where they are placed.
C. Recycling Collection Bins shall not be placed in a required parking space (designated for handicap/disabled parking) or reduce the number of parking spaces below the minimum number required by local zoning codes.
D. Recycling Collection Bins placed on sidewalks must allow for five (5) feet of pedestrian walkway in front of the Recycling Collection Bin.
E. Recycling Collection Bins shall not be placed within the sight triangle of any intersection. §xxx. Information and Label Requirement for all Bins
The front of every Recycling Collection Bin shall conspicuously display the following:
(a) The name, address, telephone number and the Internet Web address of the Owner and Operator the recycling collection bin;
(b) A st
atement, in at least two‐inch typeface, that either reads, or “this collection bin is owned and operated by a nonprofit organization” or “this collection bin is owned and operated by a for‐profit organization”;
(c) If the recycling collection bin is owned by a non‐profit organization, the front of the collection bin shall also conspicuously display a statement describing the charitable causes that will benefit from the donations;
(d) If the recycling collection bin is owned by a for‐profit company, the front of the collection bin shall conspicuously display a statement that reads “[name of company] is a for‐profit company, deposits are not tax deductible”;
Recycling collection bins operated by a for profit entity on behalf of or in conjunction with a non‐ profit organization shall have the name ,address, telephone number and web address of both entities on the front of the bin.
Attachment G
4 (e) Recycling collection bins operated by corporate fundraisers or any entity placing and operating collection bin(s) for the benefit of another for‐profit entity or non‐profit entity shall abide by the requirements of (d) above and any additional guidelines and labeling requirements required under state law.
§xxx. Reporting of Recycled Goods.
The Permittee must report the total number of tons of goods diverted from the municipal waste stream in the city. Such reporting should be done on a quarterly basis to the City Clerk by letter or e‐mail.
§xxx. Violations and Penalties.
A. In addition to any other penalties or remedies authorized by law, any permittee which violates any provision of this Chapter shall be subject to a penalty of $250 for each violation, which includes:
1. Unpermitted placement of a Recycling Collection Bin;
2. failure to adequately respond to maintenance request pursuant to this Chapter;
3. failure to maintain Recycling Collection Bins pursuant to this Chapter;
4. failure to adhere to Recycling Collection Bin placement and removal provisions pursuant to this Chapter; and
5. Failures to adhere to all permit requirements pursuant to this Chapter.
B. If a permittee is found to have willfully violated the provisions of this Chapter and ignores mitigation, on more than 3 occasions in a calendar year, the permittee shall, in addition, be deemed ineligible to place, use or employ a recycling collection bin within the City pursuant to this Chapter for a period of five years, and the City may remove any or all of such permittee’s recycling collection bins upon 30 days advance notice.
§ xxx Liability; protections
A. A Site Host shall have the right to rescind consent for a recycling collection bin to be placed on the property, provided written notice of the rescission is provided to the permittee, as provided in their
agreement but in no event less than 10 business days prior, to the recycling collection bin being removed.
B. The Site Host will be held harmless by the permittee for the removal of an unauthorized recycling collection bin or where removal is necessary to comply with local zoning ordinances.
C. A Site Host that causes the unauthorized removal of a permitted recycling collection bin pursuant to this chapter is civilly liable to the permittee of that recycling collection bin.
D. Permitees shall maintain general liability insurance that covers any claims or losses due to the placement, operation or maintenance of the recycling collection recycling collection bin.
Attachment G