[HISTORY: Adopted by the Board of Trustees of the Village
of Coal City. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage and refuse — See Ch. 50.
For purposes of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Any discarded, used, or unconsumed substance or waste. Litter
may include, but is not limited to, any garbage, trash, refuse, debris,
rubbish, grass clippings, or other lawn or garden waste; newspaper,
magazines, glass, metal, plastic or paper containers, or other packaging
construction material, abandoned vehicle, as defined in the Illinois
Vehicle Code, motor vehicle parts, furniture, oil, carcass of a dead
animal, any nauseous or offensive matter of any kind; any object likely
to injure any person or create a traffic hazard; potentially infectious
medical waste as defined in 415 ILCS 5/3.360; or anything else of
an unsightly or unsanitary nature which has been discarded, abandoned,
or otherwise disposed of improperly. (ILCS Ch. 415, Act 105, § 3)
[Amended 7-27-2016 by Ord. No. 16-16]
As defined in Chapter 70 of this Code of Ordinances.
[Amended 7-27-2016 by Ord. No. 16-16]
No person shall dump, deposit, drop, throw, discard, leave,
cause, or permit the dumping, depositing, dropping, throwing, discarding,
or leaving of litter upon any public or private property in this Village,
or upon or into any river, lake, pond, or other stream or body of
water in this Village unless:
A.
The property has been designated by the Village or any of its agencies
for the disposal of litter, and the litter is disposed of on that
property in accordance with the applicable rules and regulations of
the state Pollution Control Board;
B.
The litter is placed into a receptacle or other container intended
by the owner or tenant in lawful possession of that property for the
deposit of litter;
C.
The person is the owner or tenant in lawful possession of the property
or has first obtained the consent of the owner or tenant in lawful
possession, or unless the act is done under the personal direction
of the owner or tenant and does not create a public health or safety
hazard, a public nuisance, or a fire hazard;
D.
The person is acting under the direction of proper public officials
during special cleanup days; and/or
E.
The person is lawfully acting in or reacting to an emergency situation
where health and safety is threatened, and removes and properly disposes
of any litter, including but not limited to potentially infectious
medical waste as defined in 415 ILCS 5/3.360, when the emergency situation
no longer exists.
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(ILCS Ch. 415, Act 105, §§ 4 and 8)
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[Amended 7-27-2016 by Ord. No. 16-16]
No person shall dump, deposit, drop, throw, discard, or otherwise dispose of litter from any motor vehicle upon any public highway, upon any public or private property or upon or into any river, lake, pond, stream, or body of water in this Village except as permitted under § 136-2A through E; nor shall any person transport, by any means, garbage or refuse from any dwelling, residence, place of business, farm, or other site to and deposit the material in, around, or on top of trash barrels or other receptacles placed along public highways or at roadside rest areas. (ILCS Ch. 415, Act 105, §§ 5 and 8)
[Amended 7-27-2016 by Ord. No. 16-16]
No person shall allow litter to accumulate upon real property,
of which the person charged is the owner or tenant in control, in
such a manner as to constitute a public nuisance or in such a manner
that the litter may be blown or otherwise carried by the natural elements
onto the real property of another person. (ILCS Ch. 415, Act 105,
§§ 6 and 8)
Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle not carrying passengers for hire, the presumption is created that the operator of that motor vehicle has violated § 136-3, but that presumption may be rebutted. (ILCS Ch. 415, Act 105, § 9)
A.
In order to assist the public in complying with this chapter, the
owner or person in control of any property which is held out to the
public as a place for assemblage, the transaction of business, recreation,
or as a public way shall cause to be placed and maintained receptacles
for the deposit of litter of sufficient volume and in sufficient numbers
to meet the needs of the numbers of people customarily coming on or
using the property.
B.
For purposes of this section, "property held out to the public for
the transaction of business" includes, but is not limited to, commercially
operated parks, campgrounds, drive-in restaurants, automobile service
stations, business parking lots, car washes, shopping centers, marinas,
boat launching areas, industrial parking lots, boat moorage and fueling
stations, piers, beaches and bathing areas, airports, roadside rest
stops, drive-in movies, and shopping malls; and "property held out
to the public for assemblage, recreation, or as a public way" includes,
but is not limited to, any property that is publicly owned or operated
for any of the purposes stated in the definition in this subsection
for "property held out to the public for the transaction of business,"
but excludes state highway rights-of-way and rest areas located thereon.
C.
If no litter receptacles are placed on property described in this
section, the owner or person in control of the property shall be fined
for violating this section. If the owner or person in control of the
property has placed litter receptacles on his or her property but
the number or size of the receptacles has proved inadequate to meet
the needs of the numbers of people coming on or using his or her property
as indicated by the condition and appearance of that property, and
the owner or person in control has failed to provide sufficient or
adequate receptacles within 10 days after being made aware of that
fact by written notice from the police, he or she shall be fined for
each receptacle not so provided and maintained.
[Amended 7-27-2016 by Ord. No. 16-16]
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(ILCS Ch. 415, Act 105, § 10)
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[Added 7-27-2016 by Ord.
No. 16-16]
Whoever violates any provisions of this chapter for which no other penalty is specified shall be subject to the penalty set forth in § 10-99 of the Code. The penalties prescribed in this chapter are in addition to, and not in lieu of, any penalties, rights, remedies, duties, or liabilities which may be otherwise imposed or conferred by a court. (ILCS Ch. 415, Act 105, § 8)
