[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.
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.
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.
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:
Advertises for sale any merchandise, product, commodity or thing.
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.
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.
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.
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.
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.
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.
The Board of Trustees of the Incorporated Village of the
Branch.
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]
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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:
[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.
