O-11-27VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -11 -27
AN ORDINANCE AMENDING SECTIONS 12 -18 AND 12 -19
OF ARTICLE 3 ( "GARBAGE AND REFUSE ") OF CHAPTER 12 ( "HEALTH ")
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
18th day of July , 2011.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
18th day of July , 2011.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -11 -27
AN ORDINANCE AMENDING SECTIONS 12 -18 AND 12 -19
OF ARTICLE 3 ( "GARBAGE AND REFUSE ") OF CHAPTER 12 ( "HEALTH ")
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
WHEREAS, the Village of Deerfield is a home rule unit of local government under the
provisions of Article VII, Section 6 of the Illinois Constitution of 1970; and,
WHEREAS, as a home rule unit of local government, except as limited by Article VII,
Section 6, the Village of Deerfield may exercise any power and perform any function pertaining to
its government and affairs, including but not limited to providing for the public health, safety and
welfare; and,
WHEREAS, the Village of Deerfield has entered into a Residential Scavenger Service
Contract with Waster Management, Inc. ( "WMI ") which provides for the exclusive collection by
WMI of household garbage, refuse, recyclable materials and garden waste from certain residential
dwelling units and condominiums within the Village, and which includes specifications for
permissible residential waste and refuse containers and for the placement of residential waste and
refuse containers for collection by WMI; and
WHEREAS, the corporate authorities of the Village of Deerfield find and determine that the
public interest will be served by amending Section 12 -18 and Section 12 -19 of the Municipal Code
of the Village of Deerfield as provided herein to establish rules and regulations consistent with the
WMI contract;
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NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in
the exercise of its home rule powers, as follows:
SECTION 1: That Sections 12 -18 through 12 -20 of Article 3 ( "Garbage and Refuse ") of
Chapter 12 ( "Health ") of the Municipal Code of the Village of Deerfield be redacted, as amended,
and hereby be replaced with the text as follows:
Sec. 12 -18. Residential Waste Collection And Disposal; Collection
Rates; Exceptions:
(a) It shall be the duty of the owner or occupant of every single family residence and
dwelling unit to deposit garbage, refuse, and recycling in the containers provided by the
Village's contractor. Garden waste shall be deposited in the containers for such waste.
Homeowner associations that had previously been permitted to opt out of the residential
garbage contract, are to provide and maintain at all times in good order and repair a suitable
container for garbage and refuse, to secure residential waste collection and removal service
as described in this article, and to provide separate containers for garden waste. Containers
shall be no larger than 100 gallons.
(b) The types of residential waste described in this article shall be collected and removed by
the scavenger employed by the village, and not by a private scavenger or garbage collection
agency except as provided in subsection (e) of this section.
(c) The scavenger employed by the village shall collect and remove the types of residential
waste described in this article at the following times:
(1) Garden waste shall be collected on a weekly basis in bags containing the
appropriate stickers which shall be available for purchase at a price determined by
the contract.
(2) Miscellaneous waste shall be collected weekly.
(3) Recyclable waste shall be collected on a weekly basis.
(4) Garbage and refuse shall be collected once per week.
(5) Construction debris above what is permitted in the contract shall be collected
upon request of the resident at a fee mutually agreed to by the resident and
scavenger.
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(d) The residential user fees for curbside collection of garbage and refuse by the scavenger
employed by the village shall be at a rate determined by the Village Board.
(e) The owners and occupants of the following described single- family residences and
dwelling units may continue to use a private scavenger or garbage collection agency to
obtain curbside garbage and refuse collection and disposal service a minimum of once per
week:
(1) Detached single - family residences in areas zoned as multi - family residential
planned unit development that currently use a private scavenger or garbage
collection agency.
(2) Attached single - family residences or townhomes which currently use a private
scavenger or garbage collection agency to obtain curbside refuse collection and
removal services.
(f) The owners and occupants of any such residences that currently use a private scavenger
may elect to use the residential waste collection service provided by the village's scavenger;
provided, however, that they shall thereafter continue to use and pay for the village's
scavenger service as provided herein.
SECTION 2: That Section 12 -19 of Article 3 ( "Garbage and Refuse ") of Chapter 12
( "Health ") of the Municipal Code of the Village of Deerfield, as amended, be and the same is hereby
amended to read as follows:
Sec. 12 -19. Residential Container Location:
(a) On non - collection days, all containers for garbage and recycling shall be stored in the
garage or out of plain sight from the street in an effort to make the containers inconspicuous
from the public way.
(b) Unless backdoor collection of refuse is provided according to a Village approved
contract, all containers for refuse, garden waste, and recycling shall be securely closed and
placed for collection at the curbside not earlier than sundown of the day preceding the day
scheduled for collection from such residence. "At curbside" shall be defined as follows:
(1) For residences with a conventional curb, containers shall be placed behind the
curb; and
(2) For residences with a non - conventional curb, containers shall be placed no closer
than two feet (2') nor farther than five feet (5') from the street pavement edge.
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(c) All "miscellaneous waste" as defined under this article shall be placed for collection at
the curbside not earlier than sundown of the day preceding the day scheduled for waste
collection from such residence in neat and orderly bundles or stacks and shall be so placed,
wrapped or secured in such a manner as not to be blown or scattered by the wind.
SECTION 3: That this Ordinance, and each of its terms, shall be the effective legislative act
of a home rule municipality without regard to whether such Ordinance should: (a) contain terms
contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a
manner or regarding a matter not delegated to municipalities by state law. It is the intent of the
corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance
should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law
in that regard within its jurisdiction.
SECTION 4: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
PASSED this 18th day of July , 2011.
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 18th day of July , 2011.
Village Presi ' nt
ATTES :
Lg��_ :��t
Village Clerk
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