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Carbondale Overview
Carbondale, IL Code of Ordinances
CITY CODE of CARBONDALE, ILLINOIS
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
TITLE 1 AGENCIES, OFFICERS AND EMPLOYEES
TITLE 2 ALCOHOLIC LIQUOR
TITLE 3 ANIMALS
TITLE 4 BUILDING, PLUMBING, ELECTRICAL AND HOUSING REGULATIONS
TITLE 5 BUSINESS AND OCCUPATIONS
TITLE 6 CEMETERIES
TITLE 7 FINANCE, TAXATION AND BUSINESS AFFAIRS
TITLE 8 FIRE PREVENTION AND REGULATIONS
TITLE 9 TRANSPORTATION
TITLE 10 SOLID WASTE COLLECTION AND STORAGE
TITLE 11 HEALTH AND SAFETY
TITLE 12 LIBRARY
TITLE 13 NUISANCES
TITLE 14 OFFENSES AND PENALTIES
TITLE 15 PLANNING, ZONING AND SUBDIVISIONS
TITLE 16 WATER AND SEWER SYSTEM; LAKE AND RESERVOIR REGULATIONS
TITLE 17 STREETS, SIDEWALKS AND OTHER PUBLIC PROPERTY
TITLE 18 TRAFFIC REGULATIONS
TITLE 19 CABLE COMMUNICATIONS
TITLE 20 GENERAL AND MISCELLANEOUS PROVISIONS
TITLE 21 CITY BOUNDARIES
TITLE 22 HUMAN RIGHTS
APPENDIX A ANNEXATIONS
APPENDIX B BONDS
APPENDIX C MISCELLANEOUS
APPENDIX D LAND, BUILDINGS AND PROPERTY
APPENDIX E PUBLIC UTILITIES
APPENDIX F STREETS AND SIDEWALKS
APPENDIX G VACATING STREETS AND PROPERTY
APPENDIX H ZONING
APPENDIX I TAXES
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10-1-10: CURBSIDE COLLECTION REQUIREMENTS:
   A.   Compliance With Chapter: Except as provided in section 10-1-15 of this chapter, only refuse generated from buildings and/or premises qualifying for residential refuse collection shall be set at curbside for collection. Such refuse shall be placed at ground level next to the curb and/or in the boulevard area adjacent to the street in such a manner as not to impair pedestrian and/or vehicular traffic. All refuse placed at curbside shall be contained, prepared and packaged according to the requirements of this chapter. Residential refuse collection shall be limited to a maximum quantity of one (1) cart (95 gallons or 45 gallons) per week, unless the customer is paying for an additional cart, wherein the volume per week will be the combined volume of the two (2) carts (a maximum of 190 gallons). All refuse shall be contained completely within the provided cart(s); any additional volume shall be subject to additional charges as set forth below.
   B.   Acceptable Containers: Except as provided in section 10-1-15 of this chapter and subsections C, D and E of this section, only those containers commercially manufactured for the express purpose of garbage containment will qualify as an acceptable container in which to hold garbage, rubbish, and/or other refuse when placed at curbside. All City refuse customers shall only use the cart(s) as provided by the City; the following standards shall be met for any residents/properties who are not using the City as their refuse disposal service:
      1.   All containers shall be in reasonably good condition without holes, cuts, or tears which are dangerous or which will allow contents to spill out of the container.
      2.   All containers shall have at least two (2) usable handles on the outside.
      3.   The containers shall have a capacity of not less than twenty (20) gallons (2.5 bushels) nor more than ninety five (95) gallons.
      4.   All contents of the containers shall be covered with a tightfitting lid while at curbside awaiting collection unless all contents are enclosed in one (1) or more plastic bags as specified in subsection C of this section.
      5.   All non-City provided containers used at a building or premises that has more than one (1) dwelling unit (i.e., a duplex, triplex, fourplex, etc.) shall have the address number and unit number clearly labeled on the side of the container in four inch (4") black letters. City provided carts will be provided with serial numbers that are specific to each refuse collection account; labeling City provided carts is prohibited with anything other than removable stick on black lettering of four inches (4") or less in height on the backside (hinge side) of the cart. Spray painting, engraving, or otherwise defacing or damaging of City provided carts is strictly prohibited and subject to penalties in section 10-1-20 of this chapter.
   C.   Plastic Bags: Plastic bags will qualify as a suitable container in which to contain garbage, and other refuse when placed at curbside for collection provided that the following standards are met:
      1.   The plastic bag shall have a capacity of not less than twenty (20) gallons (2.5 bushels) nor more than thirty three (33) gallons (4.1 bushels) with the contents thereof not weighing more than twenty five (25) pounds.
      2.   The plastic bag shall be at least one and zero tenths (1.0) mils thick for a twenty (20) gallon (2.5 bushels) capacity bag. Larger capacity bags shall be thicker commensurate with size and the weight of the contents.
      3.   The plastic bag shall be watertight and have no holes or tears present and shall be tightly fastened at the top so that it can be grasped and supported from the top with one (1) hand without the bag failing.
      4.   The plastic bag shall not contain broken bottles, mirrors, window glass, sharp metal, or other like objects which might cut through or puncture the bag resulting in injury of workers or passersby unless such objects are appropriately shielded to prevent such an occurrence. All medical syringes, needles, and other similar products shall be properly capped and sealed within "sharps" containers that are designed for the safe disposal of these items; failure to comply with this requirement shall be cause for citation and fines per section 10-1-20 of this chapter.
   D.   Oversized Residential Refuse: Other residential refuse which, because of the size of the items, will not fit within the provided cart(s) may also be set at curbside for collection provided that all items are presented in a neat, clean, and sanitary condition and meet the standard set forth below. Additional charges shall be imposed for refuse that does not fit completely within the provided cart(s), these charges shall be set by resolution of the City Council as "extra volume charges" and shall automatically be added to the monthly refuse and utility bill.
      1.   Appliances, white goods, and tires are recyclable and cannot be disposed of as refuse, these items can be disposed of through the City's Special Waste Program.
      2.   Miscellaneous building materials shall be cut to a length not to exceed five feet (5') and tied into bundles or packages not exceeding twenty five (25) pounds in weight so as to allow them to be handled by one (1) person.
      3.   Furniture and other similar nonpackagable refuse shall be placed in a manner which will prevent blowing or strewing on public and/or private premises.
      4.   Cardboard boxes which will not readily fit in a qualified container or cart shall be broken down and tied into bundles not exceeding twenty five (25) pounds in weight. At no time will a cardboard box be considered as a qualifying container to hold refuse. Clean cardboard boxes can be recycled and should be placed at the curbside within or next to your recycling bin(s).
      5.   Automobiles and similar sized objects shall not be placed at curbside for collection.
      6.   Construction debris generated by a contractor cannot be disposed of as refuse.
   E.   Recyclable Materials: Whenever a curbside recycling program operated by the City or a special collector authorized by the City is in effect, persons occupying dwellings producing residential refuse may place recyclable material at curbside provided that the items are presented in conformity with the following:
      1.   The recyclable materials shall be placed in recycling bins provided by the City or special collector.
      2.   Only those recyclable materials specifically authorized from time to time by the MES Manager shall be placed at curbside for collection.
      3.   Within the recycling bins recyclable materials shall be sorted into different categories as specified from time to time by the MES Manager (for example, the MES Manager may specify that all recyclable metal containers shall be separated from glass containers and from newsprint).
      4.   When setting out recycling bins for collection, care should be taken to prevent recyclable materials, especially paper products, from being blown or strewn about.
   F.   Time Restrictions: Persons placing refuse at curbside for collection shall comply with the following time restrictions:
      1.   Except as provided below, refuse carts and containers shall not be set at curbside earlier than six o'clock (6:00) P.M. of the evening prior to the scheduled pick up day but shall be set at curbside no later than seven o'clock (7:00) A.M. on the morning of the scheduled pick up day. Said containers shall be removed from the curbside and returned to a location permitted by section 10-1-8 of this chapter as quickly as possible after pick up, but not later than eleven fifty nine o'clock (11:59) P.M. on the evening of the scheduled pick up day.
      2.   Refuse in qualifying plastic bags shall not be set at curbside earlier than six o'clock (6:00) A.M. on the morning of the scheduled pick up day, but shall be set at curbside no later than seven o'clock (7:00) A.M. on that morning.
      3.   Recyclable material set at curbside for collection as part of a recycling program provided by the City or a special collector shall not be set at curbside earlier than six o'clock (6:00) P.M. of the evening prior to the scheduled pick up day, but shall be set at curbside no later than seven o'clock (7:00) A.M. on the morning of the scheduled pick up day. Recycling bins shall be removed from the curbside and returned to within a completely enclosed building as quickly as possible after pick up but no later than eleven fifty nine o'clock (11:59) P.M. on the evening of the scheduled pick up day.
      4.   Refuse and/or recycling that is not placed at the curbside prior to seven o'clock (7:00) A.M. on the morning of their collection day shall be subject to a callback fee, as determined by resolution of the City Council, should it be necessary for the collection truck(s) to make a return trip to collect refuse and/or recycling from a premises or property. Said fee shall be automatically imposed and become a part of the regular refuse/utility bill for the premises or property. Callbacks can only be requested by the resident or property owner on their regular collection day. Refuse and/or recycling placed curbside on any other day shall be removed via the procedures and fees as outlined in section 10-1-18 of this chapter.
   G.   Responsibility For Spilled Waste: The property occupant and owner remain responsible for garbage and other refuse (including recyclable material) placed at curbside until collected. Thus, for example, if a refuse container is knocked over or a plastic bag is torn open, the occupant/owner remains responsible and is responsible for picking up any garbage, other refuse or recyclable material that falls out of a container, bag, bundle or package.
   H.   Defective Containers: Defective containers and plastic bags may, at the discretion of the collector, be rejected for collection. Collectors may refuse to empty containers with holes, cuts or tears which are dangerous or which will allow the contents of the containers to spill or containers without proper handles. They may also refuse to pick up plastic bags with holes, cuts or tears or that are so heavily overloaded that they are likely to break open. If the collector refuses to collect the refuse for these reasons, the occupant/owner will be notified to replace the container or bag or rebundle and/or repackage the refuse and again place it out for collection on the scheduled pick up day.
   I.   Refusal To Accept Materials: Collectors of recyclable material may refuse to accept materials which are improperly sorted, cleaned, prepared, packaged or otherwise not in compliance with the requirements of this chapter including such other rules as the MES Manager establishes pursuant to this chapter. If the collector refuses to collect the recyclable material, the occupant/owner will be notified to correct the deficiency.
   J.   Improper Day Curbside Placement Violation: Except as permitted elsewhere in this chapter, the placement of any garbage, refuse, recycling or other household items curbside within the corporate limits of the City of Carbondale on any day other than the regularly scheduled collection day for that property is a violation of this Code. Upon posting of this violation the property owner of record and/or resident shall have twenty four (24) hours to properly remove and dispose of all items from the curbside. Any items remaining at the curbside after twenty four (24) hours shall hereby constitute permission for the City to cause the removal and disposal of all items and bill the property owner of record and/or resident as per the rates outlined in section 10-1-18 of this chapter. (Ord. 2017-24)
10-1-11: DISPOSAL OF REFUSE IN PUBLIC AND PRIVATE PLACES:
No owner, person, licensed collector, or corporation shall dispose of any refuse by depositing the same in or on any public alley, street, roadway, highway, vacant lot, or property of any kind or character within the City or in any stream or body of water within the City, except as provided in this chapter. No person shall transport by any means garbage or other refuse from any dwelling, residence, place of business or other site to and deposit such material in, around or on top of refuse receptacles placed along public streets or in other public places. Furthermore, no person shall transport such garbage or refuse to and deposit such material in, around, or on top of refuse containers on private property of another person or public property unless the owner or person in control of said property consents to the deposit of such material. Refuse containing items bearing the name of a person and found deposited in, on or around the refuse containers of other persons or on the property of other persons or on public property shall be presumed to have been deposited by the person whose name appears on the item; but such presumption may be rebutted. This section shall not be construed as to prevent pedestrians or motorists from depositing refuse generated during the normal course of walking or motoring into refuse containers made available to the public for the deposit of said refuse. Furthermore, this section shall not be construed as preventing persons authorized in section 10-1-16 of this chapter from depositing recyclable material in a recycling drop off facility in conformity with the provisions of said section 10-1-16 of this chapter. Additionally this section shall not be construed to allow persons owning or having interest in a property to transport solid waste, or other materials from that property to another property with the purpose and/or intent that said materials will be collected and disposed of by the City and/or to avoid paying the required fees associated with disposal of said materials. (Ord. 2017-24)
10-1-12: PRIVATE COLLECTORS TO BE LICENSED; FEE:
   A.   License Required; Fee: It shall be unlawful for any private person, firm, or corporation to haul or collect garbage and rubbish within the City unless and until they have been duly licensed to do so by the City. Every applicant for a license to collect garbage and rubbish in the City shall first provide documentation that all vehicles used by him in the collection and disposal of said garbage and rubbish have been properly inspected and licensed as required by the State of Illinois. No license shall be issued hereunder until said vehicle or vehicles have been found to be in a safe and sanitary condition and proof of insurance as outlined below has been provided. All vehicles shall be enclosed, or covered by canvas, so as to completely contain all collected refuse. The annual license fee hereunder shall be the sum of twenty five dollars ($25.00) per private person, firm or corporation with one (1) collection vehicle; fifty dollars ($50.00) per private person, firm or corporation with two (2) collection vehicles; or seventy five dollars ($75.00) per private person, firm or corporation with three (3) or more collection vehicles. All licenses, inspections, documentation, proof of insurance, and fees that are required by this chapter shall be due on May 1 of every year. Nothing in this section shall be construed as prohibiting the City from making periodic inspections of licensed vehicles at any time during the licensing year. Provided, however, that no such license shall authorize a licensed collector to haul or collect recyclable material which has been set out for collection in accordance with the terms of this chapter. Failure to comply with the requirements as set forth herein shall result in revocation of said license and penalties per section 10-1-20 of this chapter.
   B.   Insurance Required: No license shall be issued, or remain valid unless the applicant submits to the City Clerk a copy of the policy of insurance, which shall cover each and every vehicle and shall insure such owner against liability in the minimum amount of two hundred fifty thousand dollars ($250,000.00) for bodily injury to, or death of, any person, and fifty thousand dollars ($50,000.00) for damage to property. The insurance policy shall contain a description of each motor vehicle, giving the manufacturer's name and number and State license number. The certificate holder shall require the insurance carrier to submit a copy of the certificate of insurance directly to the City Clerk. The certificate holder shall immediately inform the City Clerk in writing of any changes in its policy or renewal and submit a copy of such changes or renewal.
   C.   Recyclable Material Handled Separately: It shall be unlawful for any person including licensed collectors to haul or collect within the City any recyclable material which has been separated and set out for collection by the City or a special collector in accordance with the terms of this chapter. (Ord. 2017-24)
10-1-13: SUPERVISION OF SOLID WASTE COLLECTION:
All refuse intended to be collected by the City shall be collected, conveyed, and disposed of under the supervision of the MES Manager. The MES Manager shall have the authority to make regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to collection, conveyance, and disposal as he shall find necessary for the clean, safe, healthy and efficient operation of solid waste collection, including such rules for how materials shall be cleaned, prepared, and packaged or bundled for collection, and to change and modify the same after notice as required by law provided that such regulations are not contrary to the provisions hereof. (Ord. 2017-24)
10-1-14: BURNING; COMBUSTIBLE MATERIALS:
No person shall hereinafter burn or set fire to, or cause to be burned or set fire to, any refuse, including leaves or sticks, or any other combustible material whatsoever, within the City unless such material is burned in an incinerator approved by the Division of Building and Neighborhood Services in accordance with the requirements of Illinois Compiled Statutes, with the exception of the following:
   A.   Fires set by a public official in the performance of an official duty;
   B.   Fires used for private or public recreational purposes;
   C.   Cooking fires in outdoor fireplaces designed and used for cooking food. (Ord. 2017-24)
10-1-15: LANDSCAPE AND SPECIAL WASTE COLLECTION:
The City will provide landscape and special waste collection service to all buildings and premises within the corporate limits of Carbondale provided the owners and/or persons occupying said property desire such service and follow the regulations as set forth herein.
   A.   Placed At Curbside: All landscape and special waste shall be set at curbside for collection.
   B.   Landscape Waste Collection: Landscape waste collection shall be facilitated through a call in scheduling basis. Collection shall be scheduled and set out in the following manner:
      1.   Owners and/or persons wishing to schedule a collection of their landscape waste shall notify the Office of the MES Manager of their need. The MES Manager will schedule a date for collection which normally will be no later than five (5) working days after notification.
      2.   Yard waste and leaves set out for collection shall be contained within a paper lawn waste bag having a capacity of not more than thirty (30) gallons. The bag shall be closed by draw strings or twist ties and of a durable strength to withstand the contents contained therein, and shall not exceed twenty five (25) pounds in weight. At no time shall yard waste or leaves be double bagged or shall smaller bags be grouped together into larger bags.
      3.   When set out for collection, tree branches and smaller pieces of wood shall be contained in tied bundles not exceeding five feet (5') in length or twenty five (25) pounds in weight; while larger pieces of wood shall be set out individually for collection and shall not exceed five feet (5') in length or twenty five (25) pounds in weight.
      4.   Landscape waste not contained as specified shall not be collected by the City and the owner and/or person occupying the building and/or premises shall be responsible to rebag and/or rebundle the yard waste for collection at the next scheduled date.
      5.   While waiting collection, all yard waste bundles shall be tied securely so that they all can be grasped and supported with one (1) hand without failing. Individual pieces of wood shall be neatly stacked so that they can be easily accessed by the collector.
      6.   When the City provides landscape waste collection services at the curbside for landscape waste contained in paper lawn waste bags, bundles, and/or individual pieces of wood, the fee for collection shall be paid by purchasing and affixing one (1) City landscape and special waste collection sticker per bag, bundle and/or individual item of wood which has been placed at the curbside for collection.
   C.   Vacuum Leaf Collection: The Vacuum Leaf Collection Program shall be available to buildings and/or premises qualifying for residential refuse collection only.
      1.   To participate in this program, leaves must be raked to the curbside in loose piles for collection by the City's vacuum truck. At his discretion, the MES Manager may also set other guidelines as he determines necessary to safely and efficiently operate this program.
      2.   Owners and/or persons wishing to schedule vacuum collection of their leaves shall notify the Office of the MES Manager of their need. The MES Manager will schedule a collection which normally will be no later than ten (10) working days after notification.
      3.   When the City provides vacuum leaf collection services to a building and/or premises for leaves raked loose to the curbside, the fee for collection and disposing of said loose leaves shall be as determined by resolution of the City Council and shall apply per leaf stop and/or separate pile.
      4.   During the months of November, December, and January of each year a discounted seasonal vacuum leaf collection rate may be offered as determined by resolution of the City Council.
   D.   Special Waste Collection: Special waste collection shall be facilitated through a call in scheduling basis. Collection shall be scheduled and set out in the following manner:
      1.   Owners and/or persons wishing to schedule a collection of their special waste shall notify the Office of the MES Manager of their need. The MES Manager will schedule a date for collection which normally will be no later than five (5) working days after notification.
      2.   White goods, appliances, and tires shall be free of other debris and refuse. Refrigerators, freezers and the like shall have the doors removed or tied shut to prevent persons from becoming trapped inside.
      3.   Furniture, lumber and other such items are not eligible for collection as special waste and shall be disposed of as refuse as detailed within this chapter.
      4.   When the City provides special waste collection services at the curbside the fee for collection shall be paid by purchasing and affixing the required number of City landscape and special waste collection stickers to the item(s) and placing them at the curbside for collection. The required number of landscape and special waste collection stickers for each item shall be set by resolution of the City Council. (Ord. 2017-24)
10-1-16: RECYCLING DROP OFF FACILITY REGULATIONS:
   A.   Determining Acceptable Materials: Whenever the City or a special collector has in place one (1) or more recycling drop off facilities, persons who occupy or conduct business on the premises for which a recycling fee has been paid may bring to the drop off center those recyclable materials for which the City has provided a recycling receptacle. The MES Manager shall, from time to time, designate those recyclable materials which may be deposited at the drop off center.
   B.   Materials To Be Sorted: Persons who bring recyclable materials to the drop off center shall sort the recyclable materials and place them into the receptacle designed to receive each type of recyclable material. No recyclable material or any other material shall be left at the drop off facility on the ground, on top of drop off receptacles or outside the drop off facility.
   C.   Other Rules: The MES Manager may establish such other rules as are necessary for the clean, safe, healthy and efficient operation of recycling drop off facilities. Included in such rules may be provisions for how recyclable material deposited at the drop off facility shall be cleaned, prepared and sorted. (Ord. 2017-24)
10-1-17: CITY DESIGNATED SOLID WASTE COLLECTIONS:
   A.   Specific Dates Designated: At such dates as designated by the City Manager other than regular solid waste collection days, the presence of residential refuse and commercial refuse, including recyclable material and landscape waste, located at curbside will be notice to the City that a collection from that respective dwelling or property is desired. Once a collection has been completed, the owner or person in control of the property shall be responsible for charges imposed for the City designated solid waste collections.
   B.   Rates Set By Resolution: The owner and/or person in control of the property shall be responsible for charges imposed for the City designated solid waste collections and will be charged according to this chapter, at a rate set by resolution of the City Council of the City. (Ord. 2017-24)
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