[HISTORY: Adopted by the Board of Trustees of the Village of the Branch as Ch. 67 of the 1973 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Sanitation and Littering Law of the Incorporated Village of the Branch."
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- Any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.
- AUTHORIZED PRIVATE RECEPTACLE
- A container which is owned or maintained by anyone other than a governmental agency, authority, body or officer for the purpose of storing garbage or litter for collection, and which is durable, rust-resisting, nonabsorbent, watertight, easily washable, equipped with handles and not in excess of 30 gallons in capacity, and which has a cover thereupon which is sufficiently tight-fitting or affixed to such receptacle so as to adequately prevent the contents of such receptacle from escaping therefrom in such a manner as to become deposited, strewn or blown by the elements onto public or private property.
- BULK STORAGE CONTAINER
- A standard Dempster-Dumpster, Galion E-Z Pack front-end-loading-type container or an equal container for garbage and other waste materials that can be hauled directly to the point of disposal or emptied into a larger compactor-type truck for disposal.
- COMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature which:
- A. Advertises for sale any merchandise, product, commodity or thing.
- B. Directs attention to any business or mercantile or commercial establishment or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales.
- C. Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; but the terms of this subsection shall not apply where an admission fee is charged or collected or taken up for the purpose of defraying expenses incidental to such meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order, provided that nothing contained in this subsection shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license, where such license is or may be required by any law of this state or under any local law or ordinance of the Village.
- D. While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
- Includes, but is not limited to, animal and vegetable matter and waste of every kind, name and nature, refuse, rubbish, offal, filth, dead animals, wastepaper, household refuse, tin cans, debris, trash, ashes, cinders, leaves, burning rubble, furniture, lawn and garden clippings and branches, cesspool contents and noncombustible materials.
- Garbage, as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. It shall include commercial and noncommercial handbills.
- Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, "newspaper" means and includes any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
- NONCOMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
- A purchaser under a reserve title contract, conditional sales' contract or vendor's lien agreement, or a lessee.
- A park, reservation, playground, recreation center or any other public area in the Incorporated Village of the Branch owned or used by the Village and devoted to active or passive recreation.
- Any person, firm, partnership, association, private or municipal corporation, company or organization of any kind.
- PRIVATE PROPERTY
- Any land, building or structure located within the Residence A District or the Residence B District on the Zoning Map and/or designated as such in Chapter 275, Zoning, of the Code of the Village of the Branch.
- PUBLIC PLACE
- Any street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, crosswalk, thoroughfare, off-street parking area, parking field, commercial parking lot, municipal parking facility, park, parking space, sidewalk, curb, gutter, vacant lot, plot, parcel of land and all other spaces or places available to or used by the general public.
- Any street, road, avenue, court or other public highway in the Incorporated Village of the Branch.
- Any truck, wagon, automobile or other conveyance or device in, upon or by which garbage, refuse, rubbish, litter or cesspool contents is or may be transported or drawn upon a highway or upon stationary rails or tracks.
- The Incorporated Village of the Branch.
- VILLAGE BOARD
- The Board of Trustees of the Incorporated Village of the Branch.
- VILLAGE CLERK
- The Clerk of the Incorporated Village of the Branch.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Village except in public receptacles, in authorized private receptacles for collection, in bulk storage containers or in dumps, disposal areas or incinerators maintained by one or more municipalities or public agencies.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
No person shall sweep into or deposit in any gutter, street, catch basin, drainage system or other public place within the Village the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
[Amended 11-9-1976 by L.L. No. 3-1976]
Every owner and every landlord of any building or structure located in any area designated as a public place by this chapter shall keep the sidewalks, parking areas and driveways on and around their property free of litter and shall cause the same to be thoroughly swept each day, except Sundays, prior to 7:00 p.m.
Every owner and every landlord of vacant land designated as a public place by this chapter shall keep the same free of litter, weeds or other matter injurious to the public health, safety and/or welfare.
No dirt, grass cuttings, leaves or trash shall be dumped or stored on any property designated as a public place by this chapter except in public receptacles, authorized private receptacles or in official Village dumps or disposal areas, if any.
Every owner and every landlord of any building or structure located in any area designated as a public place by this chapter shall maintain a sufficient number of authorized private receptacles in, on and around said building or structure so as to prevent litter from being deposited by persons or carried by the elements upon any property in the Village or elsewhere. In no event shall any owner or landlord maintain less than one private trash receptacle for every 50 feet of storage frontage so owned or managed.
The owner or landlord of any commercial or industrial establishment may, in addition to the authorized private receptacles required by this chapter, maintain one or more bulk storage containers outside of and at the rear of said establishment, provided that written permission therefor is first obtained from the Commissioner of Sanitation and on such terms and conditions as said official may impose, in addition to those contained in this chapter, to protect the health, safety and welfare of the public.
Adequate bulk storage containers shall be furnished by and remain the property of the owner or landlord, shall be verminproof, shall be used only for the storage of rubbish, garbage or mixed refuse and shall be plainly marked with the name of the owner or landlord.
Care and maintenance of containers shall be the responsibility of the owner or landlord, as the case may be, and the Commissioner shall have the authority to direct that any container be cleaned, sanitized, painted, repaired or replaced as necessary.
Garbage and other waste shall be completely contained within the bulk storage container. No garbage or waste shall be permitted to accumulate outside the confines of the container nor in such fashion or manner that the container cover cannot be firmly closed. Bulk storage container covers shall be kept closed at all times.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Village or upon private property.
No person shall drive or move any truck or other vehicle within the Village unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place; nor shall any person drive or move any vehicle or truck within the Village, the wheels or tires of which carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.
No person shall throw or deposit litter in any park within the Village except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the Village.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the Village, nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the Village for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously unoccupied or vacant.
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisement" or any similar notice indicating in any manner that the occupants of said premises do not desire to be molested or have their rights of privacy disturbed or to have any such handbills left upon such premises.
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are occupied, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in the case of occupied private premises which are not posted as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such occupied private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.
Exemption for mail and newspapers. The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers as defined herein, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
No person in any aircraft shall throw, drop or deposit any litter, handbill or any other object out of such aircraft so as to cause the same to fall within the territorial limits of the Village or to be brought therein by the elements.
No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree or upon any public structure or building, except as may be authorized or required by law.
No person shall throw or deposit litter on any private property within the Village, whether owned by such person or not, except into authorized private receptacles maintained on said property. The owner or person in control of private property shall maintain a sufficient number of authorized private receptacles on said property in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any other private property in the Village or elsewhere.
No dirt, grass cuttings, leaves or trash shall be dumped or stored in, on or around any private premises in the Incorporated Village of the Branch except in authorized private receptacles; provided, however, that grass cuttings or leaves which the owner or tenant of a residence shall intend to reduce to compost for use on his or her premises may be stored on such premises by such owner or tenant, in heaps or piles within barriers constructed of boards and slats of wire, so long as no noxious odors shall emanate therefrom nor other public or private nuisance shall be created thereby.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles.
There is hereby created and established a Department of Sanitation, which shall be under the supervision and control of the Commissioner of Sanitation who shall be appointed by the Board of Trustees for a period of one year at such compensation as the Board of Trustees may from time to time determine. The Commissioner of Sanitation shall be responsible for the operation and maintenance of all Village dumps and disposal areas, if any; and he shall be authorized to enter into a contract or contracts on behalf of the Village with one or more municipalities or private agencies for the use of dumps or disposal areas or facilities owned, operated and maintained by them, subject, however, to approval by the Board of Trustees. The Commissioner of Sanitation shall also be responsible for the enforcement of this chapter, and he is hereby empowered to make and publish rules and regulations relating to the storage, collection and disposal of litter, provided such rules and regulations are not contrary to the provisions of this chapter.
The Commissioner of Sanitation or any other person authorized by the Board of Trustees shall have the power to enter and/or examine any vehicle, as defined herein, and the power to enter upon any private property at any reasonable hour, for the purpose of inspecting and investigating conditions relating to the enforcement of the provisions of this chapter.
No person shall throw or deposit litter in any official Village dump or disposal area except during the times designated by the Commissioner of Sanitation and in accordance with the rules and regulations established by the Commissioner of Sanitation. No litter collected from outside of the Village shall be thrown or deposited in any official Village dump or disposal area except when authorized by special permit from the Board of Trustees and subject to such conditions and safeguards as the Board of Trustees may deem appropriate.
No person shall establish or maintain a dump or litter disposal area within the Village except when authorized by special permit from the Board of Trustees after a public hearing and subject to such conditions and safeguards as the Board of Trustees may deem appropriate.
No owner, licensee, harborer or other person having permanent or temporary care, custody or control of any dog or other domestic animal shall knowingly permit such animal to do any act which, if done by such person, would constitute a violation of any of the provisions of this chapter.
[Added 1-9-1979 by L.L. No. 1-1979; amended 5-10-1988 by L.L. No. 3-1988; 5-8-1990 by L.L. No. 1-1990]
Violations of the provisions of this chapter shall be subject to the following penalties:
Violations of all other provisions of this chapter shall be punishable by a fine not to exceed $250 for each offense.
Each day that a violation continues shall be deemed a separate offense.
[Added 1-9-1979 by L.L. No. 1-1979]
The Board of Trustees shall cause an investigation to be made of any purported hazard to the public health or safety due to a violation of any provision of this chapter. After said investigation, should it be determined that such public health or safety hazard exists, the Board of Trustees shall cause the owner of record of the property on which such hazard exists to be notified of same by personal service or by mail, and the owner shall be directed to remove said hazard within seven calendar days of service or mailing of the notice. Should the hazard not be removed within the seven-day period, the Board of Trustees may order the hazard corrected and assess the cost thereof to the owner of record by mailing a copy of the statement for removal of the hazard to public health or safety to the owner with a notice that payment must be made within 30 days of the date of mailing of said notice. Should said payment not be made within 30 days, the cost of removal shall be considered a lien upon the real property in question and shall be added to the real property tax levy next assessed for the Village. This charge may then be collected in the same manner and at the same time as other charges, taxes and assessments of the Village.