Agenda Cover Memorandum Meeting Date: November 11, 2013 Meeting Type: COW (Committee of the Whole) City Council Budget Workshop Item Title: Action Requested: Modifications to Article 12 Chapter 1 and Adding a New Chapter 18 of the Municipal Code Regarding Scavengers Approval For discussion Feedback requested For your information Staff Contact: Frank Kaminski, Chief of Police Phone Number: (847) 318-5261 Email Address: fkaminsk@parkridgepolice.org Background: This item came before the Council at the October 14, 2013 Committee of the Whole Meeting as a discussion item. The Council agreed to place it on the next Committee of the Whole meeting agenda as an action item. Alderman Milissis requested that the Department investigate how other communities handle scavengers/scrappers. Attached are copies of four local ordinances regarding scrappers/scavengers. The municipalities are as follows: Niles, Illinois, Cary, Illinois, Barrington, Illinois and Munster, Indiana. These ordinances are fairly similar. The common requirements are as follows: Application / Vehicle information Background Check License Required (Renewed annually) Fee (Niles: $250, Cary: $0, Barrington: $0 and Munster, IN: $25 background check and once approved: $50 annual fee) License in possession at time of scavenging Possible restriction as to time of day and day of week There are two sides to this issue. Scrappers provide a service to residents, getting rid of unwanted items. On the other side, some scrappers tend to take things that are not being discarded. Over the years we have experienced a number of complaints. In 2012, we had nine. So far in 2013, we have had 10 complaints. Based on the information presented, an ordinance similar to the ones presented would be beneficial for a number of reasons. It would send a message to those scrappers that do not follow the rules. Also, the information provided during the licensing process could provide investigative leads if an incident did occur. A draft ordinance developed by City Attorney Henn is attached. The draft ordinance requires scrappers to secure an annual license for $50. This license needs to be in possession of the licensee when scrapping. A background check is required for the applicant. The Police Department would handle the licensing and enforcement. Rev 03/01/2013
Agenda Cover Memorandum Questions were raised regarding the yearly fee schedule and the number of classifications and fees associated with the various transient businesses. After examination of the existing Ordinance and Department policy, it was agreed to change the annual fee for all transient businesses listed under 12 1 2 to $50.00. Jim Testin, Community Preservation and Development Director and City Attorney Henn have reviewed and approved the Ordinance. At the October 14, 2013 COW, a question was asked about the penalties for violations of the Code. Article 12, Chapter 17, Section 5 contains the penalties for operating without a license or for violating a section of the Park Ridge Municipal Code. For operation without a license, the person shall be fined between $100.00 and $500.00 per day. In addition to the procedures for revoking or suspending a license, a person shall also be fined between $100.00 and $2,500.00 for violating the Park Ridge Municipal Code. Recommendation: Move approval of modifications of an Ordinance amending Article 12 Chapter 1 and Adding a New Chapter 18 of the Municipal Code Regarding Scavengers and place on the next City Council agenda for a first reading. Budget Implications: Does Action Require an Expenditure of Funds: Yes No If Yes, Total Cost: If Yes, is this a Budgeted Item: Yes No Requires Budget Transfer If Budgeted, Budget Code (Fund, Dept, Object) Attachments: Draft Ordinance - Scavengers/Scrappers Niles Ordinance on Scavengers/Scrappers Barrington Ordinance on Scavengers/Scrappers Cary Ordinance on Scavengers/Scappers Munster, Indiana Ordinance on Scavengers/Scrappers Rev 03/01/2013
ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARK RIDGE AMENDING ARTICLE 12, CHAPTER 1 AND ADDING A NEW CHAPTER 18 OF THE MUNICIPAL CODE OF PARK RIDGE BE IT ORDAINED by the City Council of the City of Park Ridge, Cook County, Illinois, pursuant to its home rule authority provided under Article VII of the Illinois Constitution of 1970 as follows: SECTION 1: That Article 12, Businesses and Occupations, Chapter 1, Transient Businesses, Section 1 entitled Definitions of the Park Ridge Municipal Code is hereby amended to delete the definition of Junk Hauling in Paragraph A and to replace it with the definition of Scavenger/Junk Hauler, to read in its entirety as follows: 6. Scavenger/Junk Hauler: the collection, hauling, delivery, carrying and removal of residential or commercial garbage, refuse, junk, trash, rubbish, debris, wood, oil, grease, paper, metal, bricks, clothes, furniture, bottles or glassware for disposal, sale or otherwise. SECTION 2: That Article 12, Businesses and Occupations, Chapter 1, Transient Businesses, Section 2 entitled Amount of Fee of the Park Ridge Municipal Code is hereby amended to read in its entirety as follows: Yearly License Fees shall be as follows: Classification License Unit Yearly Fee Building Contractor Per firm $ 50.00 Food Truck Firm Per truck $ 540.00 Scavenger/Junk Hauler Per firm1 to 5 trucks $100.0050.00 Scavenger/Junk Hauler Over 5 trucks $300.00 Estate Salesperson Per person $ 250.00 Merchandise Truck Firm Per truck $ 540.00 Residential Services Firm Per firm $ 50.00 314887_3
SECTION 3: That Article 12, Businesses and Occupations, is amended to add a new Chapter 18, entitled Scavengers, to read in its entirety as follows: 12-18-1 License Required; Application 12-18-2 Regulations 12-8-1 License Required; Application It shall be unlawful to engage in the business of scavenger/junk hauler without having first secured a license from the City. Application for the license shall be made in accordance with Chapter 17 of this Article except that the application will be processed and issued by the Police Department. As part of the application process, the applicant shall agree to a criminal background check to be performed by the Park Ridge Police Department and shall provide information about each vehicle to be used. 12-8-2 Regulations A. Any vehicle used for scavenging and hauling shall be equipped with a cover or covers that may be securely fastened to prevent refuse from coming loose or leaking. All vehicles, boxes or containers used or leased by a scavenger shall be kept securely closed during hauling. B. Each licensed scavenger must have its license when engaged in the activities of scavenging or junk hauling and shall produce the license upon request to any law enforcement officer or inspector from the City. C. A license shall not be issued to any applicant who has a warrant outstanding for any criminal offense or who has been found guilty of any felony or of a misdemeanor involving theft within 5 years prior to application. 314887_3
SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. SECTION 5: The City Clerk is hereby authorized and directed to publish said Ordinance in pamphlet form according to law. Adopted by the City Council of the City of Park Ridge, Illinois this day of, 2013. VOTE: AYES: NAYS: ABSENT: Approved by me this day of, 2013. Mayor Attest: City Clerk 314887_3