[HISTORY: Adopted by the Board of Trustees of the Village
of Oakwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Title 8, Ch. 8.04, of the 1980 Code]
It is unlawful for any person, in person or by his agents, employees
or servants, to cast, throw, drop, place, sweep, sift or deposit in
any manner whatsoever in or upon any street, sidewalk, alley, stream,
park or public place in the Village, any paper, pasteboard, straw,
excelsior, shavings, chips, sawdust, wood, rope, twine, wool, cotton,
flax, hemp, jute, rubber, leather, ashes, cinders, soot, charcoal,
coal, slag, dust, earth, sand, clay, mud, gravel, lime, shells, mortar,
plaster, tar, hay, grass, leaves, weeds, grain, salt, hair, feathers,
moss, shucks, bark, brick, stone, wire, nails, iron, tin, brass, copper,
glass or pottery, or any kind of garbage, refuse or offal, whether
animal or vegetable; or any slops, suds, swill, brine, rinsings, dishwater,
urine, dirty, foul, bloody or ill-smelling liquid; or any excrement,
manure, carrion, dead fish, fowl or animal, or any fruit or vegetables
or any portion thereof, or any kind of dirt, rubbish, waste, article,
thing or substance whatsoever, whether liquid or solid and whether
of the same nature as the articles, things or substances specifically
mentioned in this section or not; provided that the foregoing does
not apply to the deposit of material, goods or merchandise deposited
upon any street or other public place when such deposit is made under
a permit authorized by a provision of this code or other ordinance
of the Village.
It is unlawful for any person, in person or by his agent, employee
or servant, to cast, throw, drop, place, sweep, sift or deposit anywhere
within the jurisdiction of the Village, any substance, article or
thing in such a manner that they, or any of them, may be carried and
deposited by the action of the sun, wind, rain or snow into or upon
any street, sidewalk, alley, stream, park or other public place, drain,
sewer or receiving basin within the jurisdiction of the Village.
[Amended 7-14-2008 by Ord. No. 08-7-14-1]
It shall be the duty of every occupant, tenant or person in
possession of any premises in the Village to cause to be deposited
in a garbage receptacle or garbage bag all solid waste or garbage
produced in or brought into such house, building, flat, apartment,
hotel, restaurant, tenement or dwelling house as soon as the same
is produced or brought therein.
[Amended 7-14-2008 by Ord. No. 08-7-14-1]
A.
The owners of each single-family dwelling structure, business, firm,
or multifamily dwelling structure shall provide an adequate number
of garbage receptacles to sufficiently accommodate the amount of solid
waste or garbage generated by the premises and shall maintain the
receptacles or garbage bags in good repair and in a clean and sanitary
condition.
B.
Any person occupying or in possession of a single-family dwelling,
business, firm or multifamily dwelling structure shall place or caused
to be placed in garbage receptacles or garbage bags the solid waste
or garbage for collection on either the street line or alley line
at the respective times authorized in this article.
C.
Solid waste or garbage which is placed in garbage receptacles shall
be placed at the street line or the alley line no sooner than 7:00
p.m. the day before the scheduled pickup of said garbage. Garbage
placed in garbage bags may not be placed for pickup at the street
line or alley line sooner than 6:00 a.m. on the day of the scheduled
garbage pickup. Garbage receptacles may not be left in the place for
collection after 9:00 p.m. on the scheduled collection day.
D.
Garbage receptacles shall be stored off the streets, curbs, gutters
and sidewalks.
E.
No person shall set out or cause to be set out for collection any
solid waste or garbage other than solid waste or garbage originating
on the premises.
It is unlawful for any person other than a scavenger employed
or licensed by the Village, or the owner, occupant, tenant or person
in possession of the premises for which a receptacle for garbage or
miscellaneous waste has been provided, or their agents, employees
or servants, to deposit any article or thing in such receptacle or
to remove, displace, injure, deface, destroy, uncover or in any manner
disturb such receptacle or any portion of its contents.
[Added 7-14-2008 by Ord.
No. 08-7-14-1]
A.
The term "garbage receptacle" shall have the following meaning: a
solid, durable metal or plastic container with a cover and handles
and without any leaks, breaks or cracks.
B.
Garbage receptacles shall be strong enough to avoid cracking or breaking
under day-to-day use and the stress involved in picking up and emptying
the receptacles.
C.
Garbage receptacles used for household solid waste collection at
any single-family dwelling structure and multifamily dwelling structures
of three units or less shall have a capacity of not less than 20 gallons
and not more than 33 gallons.
D.
Cans, barrels or drums commonly known as "fifty-five-gallon drums"
or "burn barrels," or similar containers which are not designated
as garbage receptacles, shall not be permitted as garbage receptacles.
Garbage bags are not garbage receptacles as defined in this article
but may be used to dispose of garbage or solid waste if utilized during
the time limits set forth in this article for garbage bags.
[Added 7-14-2008 by Ord.
No. 08-7-14-1[1]]
Any person found guilty of a violation of any section of this
article shall be fined not less than $100 and not more than $750 for
each and every offense.
[Adopted 4-13-2015 by Ord. No. 15-4-13-2 (Title 5, Ch. 5.08, of the 1980
Code)]
[Amended 11-15-2021 by Ord. No. 21-11-5-4]
It shall be unlawful to establish, maintain or operate a trash
and garbage collection business within the Village of Oakwood, Illinois
without having a franchise to do so from the Village. Any person,
partnership or corporation seeking to establish, maintain and operate
a trash and garbage collection franchise shall submit the appropriate
application in accordance with the requirements of this chapter. Each
application shall be accompanied by an application fee of $200. Application
forms may be obtained from the Village office. All applications for
franchise under the terms of this chapter shall be completed in full
and shall be accompanied by all required attachments as listed herein.
The application form shall be approved by the Village President. All
franchises shall be nonexclusive, nontransferrable and be issued for
a term not to exceed 12 months.
A.
The owner of the franchise granted in this chapter shall be liable
for all injuries and damages to persons or property occasioned by
the negligent or careless collection of garbage or trash and shall
hold the Village harmless from any responsibility of injuries or damages
to persons or property occasioned by his collection of the garbage
or trash.
B.
The owner of the franchise shall obtain and maintain public liability
insurance covering his operation in the Village in an amount of not
less than $500,000/$1,000,000 and shall place on file with the Village
Clerk a copy of the declaration page of said insurance policy.
C.
The owner of this franchise shall only be allowed to use the alleys
in the immediate business district to collect the garbage and trash.
The owner of the franchise shall charge customers monthly rates
for the collection services. All franchise owners shall keep on file
with the Village a written schedule of charges in effect from time
to time.
The owner of the franchise shall do all things necessary to
give the Village a good and efficient collection of garbage and trash
and shall operate for the common good, benefit, health, welfare and
needs of its citizens. All trash hauling vehicles shall preclude trash,
solid or liquid, from escaping said vehicle while in transit.
The owner of the franchise shall have the right to stop or cut
off collection service to patrons who have not paid their bills for
such services, as long as such stopping or ceasing of service is reasonably
used and consistent with good business practice.
All vehicles used by franchise owner to collect trash and garbage
shall plainly display the name of the franchise owner and a copy of
the owner's permit evidencing the issuance of the franchise.
In the event that the franchise is surrendered, the franchise
fee shall be forfeited by the franchise owner and no portion of the
franchise fee shall be returned for the period of time the franchise
is considered null and void.
The Village shall keep and cause to be made available to the
public a list of all franchise holders and their rates of charges.
Any change in ownership of the business holding the franchise
shall cause the new owner to submit a new application for franchise.
In the event that any franchise holder or its employees or officers
violate any provision of this chapter, said franchise may be suspended
or revoked upon such terms as determined by the Village President
following an opportunity for hearing upon notice to the owner of said
franchise.
