The following definitions shall apply in the interpretation and enforcement of this Article 1:
AGENCY
The Solid Waste Agency of Northern Cook County.
BULK ITEMS
Items including, but not limited to, pianos, beds, box springs, mattresses, sofas, furniture, furnishings, fixtures and white goods.
COMBUSTIBLE REFUSE
Refuse that is readily combustible in nature, including, but not limited to, paper and paper products, wood and wood products, tree branches, yard trimmings, straw and bedding, but not including materials of a dangerously flammable or explosive nature.
CONSTRUCTION SITE
Any site upon which one or more residential, industrial or commercial structures is being demolished, built, assembled or significantly altered or remodeled.
CONSTRUCTION WASTE
Refuse generated at a construction site.
GARBAGE
Wastes resulting from the handling, preparation, cooking and consumption of food, including, but not limited to, animal and vegetable materials from kitchens in residences, hotels, restaurants, and institutions and waste from the handling, storage and sale of produce.
HAZARDOUS WASTE
Waste that is toxic, corrosive, dangerously flammable, explosive or otherwise, because of its characteristics, poses a substantial hazard to human health or the environment when improperly stored or disposed of, including, but not limited to, pathological waste, pesticides or pesticide containers and radioactive materials.
JUNK
Any discarded material, bulk items, private service waste and excessive amounts of materials other than garbage, rubbish or combustible refuse.
LANDSCAPE WASTE
Items including, but not limited to, grass clippings, shrubbery cuttings, leaves, tree limbs (less than four inches in diameter) and other materials accumulated as a result of the care of lawns, shrubbery, vines and trees.
NONCOMBUSTIBLE REFUSE
Refuse that is not readily combustible, including, but not limited to, ashes, metals, tin cans, metal furniture, dirt, small quantities of rock and pieces of concrete, glass, crockery, other mineral waste; street rubbish, including, but not limited to, street sweepings, and catch basin dirt.
ONE-WAY GARBAGE CONTAINER BAGS
A disposable garbage container bag constructed of paper or plastic having a gauge of 1.5 to three mils, but not less than 1.5 mils, capable of being tightly closed by means of crumpling, rolling, stapling or twist-tying and having a capacity of no less than 20 gallons and no more than 30 gallons.
OWNER
Any person, agent, firm or corporation having legal or equitable interest in the property.
PRIVATE SERVICE WASTE
Nonsystem waste, including, but not limited to, large auto parts (excluding rimless tires), tree stumps, earth, sod, rocks, concrete, rubble and waste from remodeling, construction and demolition of buildings, excavations and other materials.
PROJECT USE AGREEMENT
The 1992 Project Use Agreement by and between the Village and the Agency, as amended from time to time.
RECYCLABLE MATERIALS
Newspapers, aluminum cans, glass and other refuse which from time to time may be designated by the Village as recyclable materials and that may be disposed of through the Village's recycling program.
RECYCLING CONTAINERS
Containers provided by the Village, or a licensed scavenger so authorized by the Village, to residents for the specific and sole purpose of storage and placement for pickup of recyclable materials designated by the Village as refuse that may be disposed of through the Village's recycling program. Such recycling containers shall be of a size and shape as designated from time to time by the Village and shall be clearly marked as the property of the Village, or a licensed scavenger of the Village, and shall be used only for purposes of disposing of recyclable materials through the Village's recycling program.
RECYCLING PROGRAM
The Village's program for the collection of recyclable materials, as described in Section 11-1-6 of this Code.
REFUSE
Solid waste material, except body waste.
RUBBISH
Refuse other than garbage, including ashes, cans, glass and building materials.
SCAVENGER
A person who cleans or removes solid waste.
SYSTEM WASTE
Garbage and general household waste discarded by persons residing in single- family dwellings or multiple-family dwellings.
WHITE GOODS
Items including, but not limited to, stoves, ovens (including microwave ovens), washing machines, dryers, air conditioners, refrigerators, freezers, dehumidifiers, water softeners, water heaters, trash compactors and dishwashers.
Disposable refuse and junk shall only be stored and disposed of in accordance with the applicable provisions of this article, including, without limitation, the provisions set forth in this Section 11-1-2.
(A) 
General storage. It shall be unlawful for any person to store any garbage, rubbish, junk or combustible refuse, except for the express purpose of having it collected by a duly authorized collector within a period not to exceed seven days. It shall be unlawful to place or permit to remain anywhere in the Village any building material, garbage or other material subject to decay, other than leaves or grass, or rubbish and other materials which can be blown away by the wind, except in a tightly covered, waterproof container or in a properly designed and used composting container or enclosure.
(B) 
Open burning and incineration prohibited.
(1) 
No person shall burn or set fire to, or allow to be burned or set fire to, any hay, grass, leaves or any combustible material whatsoever within the Village.
(2) 
No person shall burn or set fire to, or allow to be burned or set fire to, any garbage or refuse within the Village.
(C) 
It shall be unlawful to permit or store any combustible refuse in such a way as to create a fire hazard.
(D) 
Discarded material or junk.
(1) 
It shall be unlawful to place or pile junk on any premises for a period of more than seven days.
(2) 
It shall be unlawful to place any discarded refrigerator or freezer in any place that is accessible to children, unless either: (a) the latching or locking mechanism on the door of the discarded item has been removed; or (b) the doors of the discarded item have been locked in such a manner so as to prevent the opening of the doors by hand.
(E) 
Hazardous waste. Hazardous waste shall not be placed in containers for regular collection, but shall be disposed of as directed by the Village Manager or his or her designee at the expense of the owner or possessor thereof.
(F) 
Collection. Except as otherwise set forth in this Article 1, no person shall remove refuse from any premises in the Village on a private basis, or transport same through the Village without first obtaining a business license from the Village pursuant to Chapter 9 of this Code.
(A) 
Collections. Collections shall be made by the Village or a scavenger authorized by the Village on a day specified by the Village at least once every seven days in the following manner:
(1) 
Collections will be made by the Village from single-family and multifamily residences only. Duly authorized scavengers may collect from these types of residences as well.
(2) 
Service will be delayed one day for all pickups following a legal holiday.
(3) 
The Village or a scavenger authorized by the Village will collect and dispose of all garbage, rubbish, combustible and noncombustible refuse placed in containers provided by the Village or its authorized scavenger. The Village or its scavenger will collect and dispose of all landscape waste properly prepared for pickup as set forth in Section 11-1-3(C) of this Code. Bulk items placed at the curb for pickup will be collected and disposed of by the Village or its scavenger.
(4) 
Construction waste will not be collected from residential areas or disposed of by the Village.
(5) 
Private service waste shall be disposed of by the resident by private payment to the Village's scavenger or other licensed scavenger.
(6) 
Garbage and combustible refuse shall be disposed of by a scavenger, or by finely grinding and shredding in a garbage disposal unit leading through pipes to a public sanitary sewer.
(B) 
Storage.
(1) 
All refuse and landscape waste stored outside of a dwelling, garage, or utility building must be stored only within the rear or side yard of the subject property; provided, however, that the Village Manager shall have the right, but not the obligation, to authorize the storage of refuse and landscape waste within the front yard of the property upon a showing by the property owner that placement within the rear or side yards would be impractical.
(2) 
Refuse must be placed for collection in containers provided by the Village or its scavenger. When Village containers are insufficient to contain all waste, additional containers used for the deposit of noncombustible and combustible refuse and garbage shall be of galvanized or noncorrodible metal or plastic, rodent- and insectproof, waterproof, and of a suitable gauge and construction to ensure durability. Individual containers shall be equipped with at least two handles on the container and one handle on the tight-fitting cover, properly placed to facilitate handling by one person; and of a capacity of not more than 33 gallons.
(3) 
Filthy, leaking, or defective private containers shall be cleaned, repaired or replaced by the owner, lessee or head of the household of the premises served, at his or her expense, and as directed by the Village Manager or his or her designee. Containers provided by the Village or its scavenger in need of replacement will be replaced by the Village or its scavenger. All containers shall be kept clean and disinfected with an antiseptic solution as often as necessary to maintain them in a sanitary condition. Evidence of neglect of these requirements or unsafe containers shall be determined by the Village Manager or his or her designee. Except for the day of collection, or as otherwise stated within this Article 1, it shall be unlawful for a resident to place garbage containers within a public alley or street right-of-way.
(4) 
Container bag content. It shall be unlawful for any person to deposit, in any one-way garbage container bag for disposal, anything other than garbage, rubbish or combustible refuse.
(C) 
Landscape waste. Landscape waste shall be collected from single-family and multiple-family dwellings of four or fewer units from March 1 through December 15 of each year, on specific dates to be determined by the Village and its scavenger, and in accordance with the following:
(1) 
Containers to be used for the collection of landscape waste shall be either: (a) dedicated plastic or galvanized or noncorrodible metal ventilated garbage containers not to exceed 32 gallons and clearly marked with the words "landscape waste"; or (b) biodegradable paper bags not to exceed a capacity of 34 gallons. All dedicated plastic or metal landscape waste containers shall be equipped with at least two handles on the container and one handle on a tight-fitting cover. Landscape waste containing wood or woody materials, such as bundles of brush or limbs, shall not be placed in containers, but rather be tied for collection as provided for in Section 11-1-3(C)(3) of this Code.
(2) 
All landscape waste shall be placed in bags or containers meeting the above specifications, providing the bags or containers do not exceed a weight of 75 pounds per bag or container.
(3) 
All bundles of brush or limbs, shall not exceed a weight of 60 pounds per bundle, be more than four feet long, be more than two feet in diameter, and shall not contain limbs greater than four inches in diameter. All bundles shall be tied with a material that is acceptable for composting. Branches or logs exceeding four inches in diameter will not be collected.
(D) 
Placement for pickup. Containers shall be placed in the parkway at the curb in front of each dwelling where they can be seen from the road on scheduled pickup days. Any private container placed at the collection point that does not meet the specifications set forth herein will be picked up and not returned. One-way garbage container bags shall be placed inside the containers. Refuse containers and landscape waste may be placed at the curb no earlier than 3:00 p.m. on the day prior to the scheduled garbage pickup. Containers must be returned to their premises storage location in the rear or side yards of the property by 8:00 a.m. on the day after collection.
[Amended 1-19-2021 by Ord. No. 2021-3512]
(E) 
The Village shall provide for the annual pickup of Christmas trees, on dates to be determined by the Village.
(A) 
Except as provided in Section 11-1-4(B) of this Code, all persons owning, or occupying residential real estate within the corporate limits of the Village shall dispose of system waste through the municipal waste system. All system waste shall be collected by or on behalf of the Village pursuant to the terms of this Article 1 and shall be delivered to a transfer station as directed by the Agency and the Village or as otherwise agreed to by the Agency and the Village under the project use agreement.
(B) 
Commercial, industrial and institutional uses are excluded from the municipal waste system. The Village may, in its discretion, include other uses in its municipal waste system.
(C) 
No person shall dispose of system waste through the municipal waste system unless the system waste complies with all rules and regulations applicable thereto and established from time to time by either the Village or the Agency.
(D) 
Any person disposing of system waste through the municipal waste system shall pay the rates and charges established by the Village.
(A) 
Storage. The occupant of every institutional, commercial, business, industrial or agricultural establishment producing solid waste within the corporate limits of the Village shall provide sufficient and adequate containers for the storage of all solid waste to serve each such establishment. When bulk containers are provided by a scavenger, the name and telephone number of the refuse company shall be printed on the side. All containers shall be waterproof, leakproof, and shall be covered at all times, except when depositing waste therein or removing the contents thereof, and it shall be the responsibility of the owner and manager of the establishment to see that they are maintained in a sanitary condition. The Village or its scavenger may, in its discretion, provide storage containers to certain users who receive system waste services.
(B) 
Collection. Refuse shall be collected, for a period not to exceed seven days, by a scavenger licensed to do business by the Village, except that establishments producing large quantities of garbage and other refuse shall cause removal more frequently as required by the Village Manager or his or her designee, other provisions in this Code, or as often as necessary to ensure a healthy environment around the establishment.
(C) 
Collection hours. Refuse and waste material pickup shall occur between the hours of 7:00 a.m. and 9:30 p.m. Monday through Friday and between the hours of 7:00 a.m. and 12:00 noon on Saturday. No pickups are allowed on Sunday unless the Village Manager or a designee authorizes the implementation of an emergency waste collection schedule.
(D) 
Construction waste and combustible refuse. It shall be unlawful for any person to store any rubbish or combustible refuse at a construction site unless such rubbish or combustible refuse is stored in approved methods as listed below:
(1) 
Containers. All containers for the purpose of construction waste collection shall be no smaller than 15 cubic yards' capacity, unless otherwise authorized by the Village Manager or his or her designee, and shall be commonly used in the refuse collection industry for the storage and collection of large quantities of construction debris. The name of the refuse collection company providing the container and its telephone number shall be clearly printed on the side of the container. The containers shall be kept in good and sanitary condition. A sufficient number of such containers shall be maintained on each construction site to accommodate all rubbish and combustible refuse therefrom. Access to refuse containers shall not be across a public curb or parkway.
(2) 
Frequency of collection. Within 24 hours after the time when any required container is full to capacity, the rubbish and combustible refuse therein shall be collected and removed from the construction site. Said container shall not be allowed to stand unutilized at any site for longer than 15 days.
(E) 
Refuse disposal by businesses. Specifically, and without limitation of any provision of this Section 11-1-5, all businesses and occupations in the Village shall comply with the following additional regulations:
(1) 
Refuse containers. All receptacles used by a business or occupation for the disposal of refuse shall be of a size of not less than 20 gallons' capacity, of impervious material and sturdy construction, with a tight-fitting cover, and equipped with handles properly placed to facilitate handling.
(2) 
Duty to provide refuse containers. The occupant of every building, structure, or premises used or maintained in connection with any business or occupation shall provide and maintain in good condition and repair a sufficient number of refuse containers for the temporary storage of all refuse accumulating between collections. All refuse which is placed for collection service outside any building or structure must be kept in standard refuse containers unless another type of container is approved by the Village Manager or code enforcement official due to the unusual nature of the refuse produced by the business.
(3) 
Refuse removal. It shall be the duty of the occupant of every building, structure, or premises used or maintained in connection with any business or occupation to cause to be removed at his or her own cost and expense at least once each week all refuse produced therein.
(4) 
Removal of refuse by some businesses or occupations. Every person owning or controlling any hotel, restaurant, cafe, retail food establishment or other business or occupation where more than 32 gallons of refuse is normally produced weekly shall cause all substances deposited in such containers to be removed as often as shall be necessary, including daily removal, from his or her premises to ensure the healthful environment surrounding such establishment. Such removal shall be at his or her own expense.
(F) 
Owner liable for violations. For purposes of this Article 1, any violation of this Article 1 by a scavenger providing service to a nonresidential property shall also be deemed and held to be the act of the owner of the property on which the violation occurred, which owner shall be punishable in the same manner as if the violation had been committed by the owner itself.
(A) 
Program established. There is hereby established a program of collecting refuse consisting of recyclable materials by the Village or a licensed scavenger authorized to collect such materials by the Village under the program. The program shall apply to residential areas served by the Village or its contract scavenger only, and shall consist of the voluntary separation of certain designated recyclable materials by the residents from normal household refuse, for placement in specially designated recycling containers provided to residents by the Village or by a licensed scavenger authorized by the Village to provide them. The recycling containers shall be used only for the purpose of the storage and placement for pickup of recyclable materials at locations authorized for the storage and pickup of other refuse in residential areas under this Article 1. Recyclable materials shall be placed for pickup and collected at the same time and in a manner similar to the collection of other refuse in residential areas.
(B) 
Recycling containers. The Village will provide or cause to be provided, specially labeled recycling containers to each single-family and multifamily unit of four or fewer units authorized pursuant to this Section 11-1-6 to participate in the recycling program. The Village or a scavenger providing recycling containers shall maintain ownership of the containers. Each residential user, however, shall be responsible for the reasonable care of a container placed in possession of the residence or household. Residents are not required to equip recycling containers with covers. Replacement containers will be provided to residences or households at no expense to the resident when such replacement is warranted. Residents relocating away from an area subject to the program are obligated to return the container to the Village. Abuse, theft or misuse of the containers is prohibited, and such conduct shall constitute a violation of the provisions of this Article 1.
(C) 
Recycling program for multiple-family buildings containing five or more units. Each building shall establish a building recycling program approved by the Village. Each building shall provide for the location of collection toters and other collection containers provided by the Village or its scavenger. Each residence or household that participates in the Village recycling program, through the use of recycling bags, shall purchase Village approved bags for use in collecting household recycling materials. Each building shall establish a system for collecting said bags and placing them in approved containers for collection by the Village or its scavenger.
(D) 
Storage and placement for pickup. Recycling containers shall be stored and placed for pickup in the same manner as provided for in Section 11-1-3 of this Code, which regulates the collection, storage and placement of refuse in single-family residential areas. Recyclable materials qualifying for separation and placement for pickup in a recycling container shall include aluminum cans, glass and newspaper accumulated as part of normal household refuse. Recyclable materials shall be placed within a recycling container in a manner that will inhibit its being blown out of the container by the wind and elements. The Village may, from time to time, alter the refuse to be included as recyclable materials which may be placed for pickup in a recycling container. Whenever such an alteration occurs, the Village shall notify residents of the change within a reasonable period.
(E) 
Removal of materials from a recycling container. When recyclable materials have been placed in a proper location for pickup in a recycling container, the recyclable materials shall come within the exclusive jurisdiction of the Village and any licensed scavenger authorized by or under contract with the Village to collect and dispose of such materials. It shall be unlawful for any person, firm or other entity to remove any recyclable materials from or around a recycling container once the container and recyclable materials have been placed at a proper location for pick up. Any person, firm, or other entity violating this Section 11-1-6(E) shall be subject to the penalties provided for violating any provisions of this Article 1.
Nothing contained herein shall be construed as limiting the requirements of federal or state laws, nor shall this conflict with any other provision of this Code which regulates more strictly any of the subjects of this Article 1.
In the interest of public health and safety, the principal owner or occupant shall be responsible for cleaning the premises, or easement thereto, of strewn garbage, rubbish or combustible refuse.
(A) 
The improper disposal or storage of disposable refuse and junk in violation of this Article 1 is hereby declared to be a nuisance.
(B) 
The owner and occupant of any property on which a nuisance exists pursuant to Section 11-1-9(A) of this Code shall abate that nuisance within six days after receipt of a notice from the Village therefor, which notice shall: (1) be served upon the owner and occupant of the property; (2) identify the nuisance; and (3) state that the Village has the right to abate the violation pursuant to Section 11-1-9(C) of this article.
(C) 
Upon the failure of the owner and occupant of property to abate a nuisance in accordance with Section 11-1-9(B) of this Code, the Village shall have the right, but not the obligation, to: (1) enter the property and cause the nuisance to be abated; and (2) charge the owner and the occupant the costs incurred by the Village in abating the nuisance ("abatement costs").
(D) 
The owner or occupant of the property shall reimburse the Village in the full amount of the abatement costs within 30 days after receipt of an invoice therefor. Upon the failure to reimburse the Village as required pursuant to this Section 11-1-9(D), and without limitation of any other remedies available to the Village, the Village shall have the right, but not the obligation, to perfect and foreclose a lien upon the property to recover the abatement costs, in accordance with Section 11-20-15 of the Illinois Municipal Code, 65 ILCS 5/11-20-15, as may be amended.
(A) 
Except as provided in Sections 11-1-10(B) and 11-1-10(C) of this Code, any person who violates any of the provisions of this Article 1 shall be fined an amount as set forth in the Annual Fee Resolution for each offense.
(B) 
Notwithstanding the provisions of Section 11-1-10(A) of this Code, any person who violates Section 11-1-2(E) of this Code shall be fined an amount as set forth in the Annual Fee Resolution for each offense.
(C) 
Notwithstanding the provisions of Section 11-1-10(A) of this Code, any person who violates Sections 11-1-3(D) or 11-1-5(C) of this Code shall be fined in a fixed amount set forth in the Annual Fee Resolution for each offense.
(D) 
Each day on or during which any person violates any of the provisions of this Article 1 shall constitute a separate and distinct offense.
[1]
Editor's Note: See Ch. A25, Fees.