3-4-9: RECYCLING PROGRAM ESTABLISHED:
   A.   Program Established: There is hereby established a villagewide residential recycling program to be operated by the franchisee and such franchisee shall be and is hereby required to provide for recycling services for its residential units, including the residents' separation of certain recyclable and compostable material (as designated by the village from time to time) from normal residential refuse for placement in specially designated containers and for separate collection of such recyclable and compostable materials by such licensees. Such franchisee shall include this recycling service in its billing to village residents for residential refuse collection services whether or not the particular customer's household participates. Such franchisee shall provide each residential unit with approved containers for recyclables and compostables initially without charge, which containers shall be and remain the property of the franchisee. Each household will be responsible for the normal and reasonable care of the toter recycling container in its possession. Such approved toter recycling containers shall be used only for the purpose of storing such recycling materials on site and for the placement of those materials curbside or at the designated trash collection pick up point on the designated collection day. The recycling toters previously provided to each residential unit which have previously been the property of the village shall be and are hereby declared to be surplus property, which are no longer required by the village, and such toters are declared to be the property of each residential unit which has lawful possession of them.
   B.   Replacement Containers: The franchisee shall provide replacement recycling containers to any residential unit, at franchisee's expense, whenever replacement is required due to damage, destruction, or theft. Abuse, theft and/or misuse of such recycling containers is prohibited and shall constitute a violation of this chapter, subjecting the violator to the penalties as provided by this code.
   C.   Placement And Storage Of Recycling Containers: Recycling containers shall be stored on the respective premises of each customer's residential unit in conformance with the provisions of this chapter and may be placed at the designated location for collection only during the times specified in this chapter.
   D.   Unauthorized Removal Of Recyclable And Compostable Materials Prohibited: The basic recycling services which shall be provided by the franchisee shall provide for the separation of recyclables and compostables from normal residential refuse and for placement of such recyclables in their respective approved containers and collection from the normal collection point on the regular designated pick up day. The village may from time to time alter the definition of recyclables and compostables to be separated from the household waste stream, and such franchisee operating within the village shall promptly include those materials in its recycling services when requested to do so by the village. Once recyclables and compostables have been placed in the approved container and set at the curbside or other designated collection location, such materials shall become the property of the franchisee servicing the premises in question and it shall be unlawful for any other person, firm or corporation to move, remove or tamper with such recyclables and/or compostables or the approved containers in which they have been placed, and each such act of moving, removing and/or tampering in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as provided by this code.
   E.   Separation Of Recyclables And Compostables And Placement For Removal: Recyclables and compostables shall be prepared and separated from garbage and such garbage, recyclables and compostables shall be placed in "approved containers" as defined by this chapter, and shall be collected by the franchisee. Recyclables and compostables shall be placed at the curbside (or at the back door, if the household has subscribed to back door service) for collection at times designated by the franchisee.
   F.   Restrictions: Notwithstanding any other provisions of this chapter:
      1.   Any person may donate recyclable and compostable materials to any other person whether operating for profit or not for profit; and
      2.   Any person may maintain his own compost pile or site so long as such site or pile complies with all the conditions set forth in section 9-1-4 of this code.
      3.   Any person who is engaged to do landscape maintenance by a property owner within the village may remove compostable material or compostables generated and collected from property within the village and shall not be required to dispose of same through collection by the franchisee, but such compostables shall then be disposed of outside of the village in a lawful manner. (Ord. 06-829, 7-11-2006, eff. 10-1-2006)