
ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. Chapter 4-260 of the
Municipal Code of Chicago is hereby amended by repealing Section 4-260-150
and adding a new Section 4-260-150 as follows:
(A) Definitions. For purposes of this section, the following terms shall
have the following meanings:
“Provider” shall mean the person who provides refuse collection services for
a refuse container that has been provided for use at a requested location.
“Refuse container” shall mean the commercial refuse container or refuse
compactor described in Section 7-28-210 of the Code. However, “refuse
container” shall not include a receptacle provided for the convenience of
customers of a business establishment if no refuse collection service has
been contracted for that receptacle
.
(B) Permit required. It shall be unlawful for any provider to place,
maintain or provide refuse collection services for a refuse container for
use in the City of Chicago unless such provider shall first obtain a refuse
container permit for that container.
(C) Application. An application for a refuse container permit shall be made
to the commissioner of transportation. In addition to such other information
as the commissioner may require, the applicant shall state the name,
address, container locations, container sizes and telephone number of the
provider of the refuse container. The information shall be updated
periodically or otherwise as prescribed by the commissioner of
transportation.
(D) Permit Fee. Except with respect to refuse containers intended and used
exclusively either: (i) for the collection of recyclable materials or (ii)
by a unit of local government or school district that levies a property tax
exclusively within the City of Chicago, as pursuant to this section shall be
as follows:
Type A (under one cubic yard) $17
Type B (one to two cubic yards) $32
Type C (two to 10 cubic yards) $63
Type D (over 10 cubic yards) $164
Type R (used exclusively for recycling) no fee
The permit shall be valid for a four-month period beginning on April 1,
August 1, and December 1 of each year. In each year the permit fee shall be
paid no later than the following dates, unless a different payment schedule
is specified by the commissioner of transportation by regulation:
July 15 for the period beginning April 1.
November 15 for the period beginning August 1.
March 15 for the period beginning December 1 of the previous year.
(E) Enforcement. This section shall be enforceable by any one of the
following: the commissioner of the environment, the commissioner of streets
and sanitation, the commissioner of transportation, the commissioner of
business affairs and consumer protection, or the director of revenue, or
their respective designees. The commissioner of transportation shall have
the authority to promulgate such rules and regulations, as the commissioner
deems necessary or appropriate for the proper administration and enforcement
of this section. The director of revenue may require that a provider produce
such records and other information that the director considers necessary to
determine compliance with this section.
(F) Penalties.
(1) Any person violating this section or any rule or regulation promulgated
under this section shall be subject to a fine of not less than $250.00 nor
more than $1,500.00 for each offense.
(2) Each day that a violation is permitted to exist shall constitute a
separate offense. In addition, any refuse container not validly permitted
may be removed by the city, and all costs associated with such removal shall
be borne by the provider of the refuse container. The owner of a refuse
container, if different from a provider, shall be jointly and severally
liable with the provider for any violation of this section.
SECTION 2. Section 7-28-331 of the Municipal Code of Chicago is hereby
amended by adding the language underscored as follows:
7-28-331 Commercial refuse containers and compactors – Identification.
(a) The owner of a commercial refuse container or compactor at a building
where refuse is removed at the expense of the owner, his agent or occupant
of the property, shall label the container with the following information:
the address of the person using the commercial container; in the case of a
business, the name of the business or businesses served by the container,
and the name and telephone number of the person providing refuse collection
service for that container; and, in the case of a residential building, the
name of the person responsible for payment for refuse collection service for
that container at the building; except that this section shall not apply to
grease containers as defined in section 10-28-791 of this Code. The labeling
shall be indelible, in letters no less than one inch high, in a color that
contrasts clearly with its background, placed on the vertical surface
opposite the hinge of the container’s cover. The container shall be placed
during normal use so that the label is visible from the alley adjacent to
the building served by the container. Containers used exclusively for
recycling shall be marked in a manner specified by the commissioner of
transportation.
(b) No person shall cover, alter, obscure or remove the identifying label
required under subsection (a) of this section.
(c) Any person who violates any provision of this section shall be fined not
less than $200.00 and not more than $500.00 for each offense. Each day that
a violation continues shall constitute a separate and distinct offense.