North Aurora to drop ban on collection bins

North Aurora plans to abandon its 10-year ban on unattended collection bins after being told by the company USAgain the ban violates free speech rights.

Instead, the village will adopt rules for where the bins can be placed, for their appearance and for how often items must be collected.

USAgain had placed a bin at a BP gasoline station; the village noticed it, and authorities cited the property owner.

But a lawyer for USAgain then contacted the village, saying the firm has a constitutionally protected right to solicit donations of shoes and clothing and other textiles. The company resells items wholesale to secondhand shops, textile-grading companies and other wholesalers worldwide.

Village trustees this week gave preliminary approval to removing the ban. A binding vote could come as soon as June 19.

Under the changes, the unattended bins will be treated the same as large garbage containers: They won't be allowed in front yards, interior side yards or corner side yards, nor on residential properties, abandoned properties or vacant sites.

Those that can be seen from public property, a public street or public sidewalk will have to be screened by a wood privacy fence at least six feet tall.

And the bin's owners will have to pick up the items at least once every 14 days, and sooner if the bin is overflowing.

The law won't apply to attended bins or bins inside businesses.

The village enacted the ban in October 2007, saying overflowing bins, with people leaving items outside the bins, were unsightly.

USAgain sued Crest Hill in federal court over the same issue in 2016. The municipality relented. Court documents said it had more than 10,000 bins in 16 states.

Another textile recycling company is suing Gwinnett County, Georgia, over the rules it imposed on collection bins, saying they were unconstitutional and overly burdensome. The rules included requirements for screening and different treatment for bins depending on ownership and location inside or outside of a building. The case is pending.