December 16, 2011 · 0 Comments
The City of Paris has adopted an ordinance limiting the number of refuse haulers in the city to three. They have also imposed a $250 fee for the license, plus $50 for each additional refuse vehicle.
This is all about “control” and nothing more. Control by the Mayor and local business owners to keep others from doing business in Paris. It’s sad that we have reverted to driving out any potential competition.
Why was this proposed and adopted on the same date?
Why now? Is it because an “outsider” was leaving doorhangers in Paris advertising her refuse business?
When will this madness end? Will roofers, carpenters, and contractors be next on the chopping block?
Why only three? Is it because there are only three refuse haulers that operate their business from Paris? I bet that application review process was fair and impartial.
– Anyway, while reading the Illinois Municipal Code, Art 11, Section 42: Powers Over Certain Businesses I noticed that it said NOTHING about giving cities the power to license or limit the number of, refuse, trash, or garbage haulers (with a limited exception of landscape waste).
– Reading Art 1, Div 2, ORDINANCES it specifically states that:
(65 ILCS 5/1‑2‑1) (from Ch. 24, par. 1‑2‑1The corporate authorities of each municipality may pass all ordinances and make all rules and regulations proper or necessary, to carry into effect the powers granted to municipalities… – This is not one of the powers granted!
– As we all know, or should know by now, the provisions of Article VII, Sec. 8 of the Illinois Constitution states in part: these governments (county and municipal)
shall have “only” powers granted by law.
With that said, the powers over certain businesses does not include refuse hauling and therefore cannot be licensed or limited by the city.Which also means that they cannot be charged a fee either.