[Comp. Ords. Rev. 1986, § 117.010; Code 1994, § 42-1]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
BURNING
Means commencing a fire on the ground, out of doors or in
any receptacle of any kind for the purpose of burning paper, garbage,
litter, rubbish or refuse, excluding the burning of indoor incinerators,
fireplaces, stoves, furnaces or barbecues, indoors or outdoors.
GARBAGE
Means animal, fruit and vegetable waste material resulting
from the handling, preparation, cooking and consumption of foods in
kitchens, stores, markets, hotels, restaurants and other places where
food is stored, cooked or consumed and the containers, tin cans, etc.,
therefrom.
HAZARDOUS REFUSE
Means explosives, chemicals, radioactive materials, highly
inflammable material and any material that is dangerous and would
result in serious hazards including poisons of all forms.
LITTER
Means garbage, refuse, rubbish as defined herein and other
waste materials, bottles, cigarette and candy wrappers, or other forms
of paper if thrown or deposited as herein prohibited tends to create
a danger to the public health, safety and welfare and detract from
the appearance of the various properties in Village, streets, alleys
or public places.
PAPER
Means newspapers, paper, cardboard boxes, bags and other
materials which are made out of paper and are 90% combustible and
burnable and which burn with a minimum of smoke and odor.
PRIVATE PREMISES
Means any lot or parcel of land owned or occupied by any
person whether or not improved or any dwelling house, building or
other structure whether inhabited or temporarily or continuously uninhabited
or vacant and shall include any yard, grounds, gravel walk, porch,
steps, vestibule or mailbox belonging or appurtenant to any dwelling
house, building or structure erected thereon.
PUBLIC PLACE
Means any and all streets, sidewalks, boulevards, alleys
or other public ways and all public squares, spaces, grounds and buildings.
REFUSE
Means nonburnable materials with a low combustible rate,
yard clippings, wood, broken tools, implements and various materials
accumulated by householders which has worn out, become outdated and
has been disposed of, including ashes, cement, dead stumps, trees
and limbs.
RUBBISH
Means all waste and combustible material which is at least
95% combustible and burnable, excluding garbage and paper.
[Comp. Ords. Rev. 1986, § 117.080; Code 1994, § 42-2]
It shall be unlawful for any person other than the owner or
occupant, his employees or agents or Village employees to tamper or
meddle with any garbage container, bundle or bushel basket or remove
the contents thereof from the location of where the same shall have
been properly placed pending collection.
[Comp. Ords. Rev. 1986, § 117.090; Code 1994, § 42-3]
It shall be the duty of every person occupying or controlling
any lot, building, structure of any kind or any portion thereof including
apartments to remove or cause to be removed therefrom before vacating
such property all refuse, garbage, rubbish or litter.
[Code 1994, § 42-4; Ord. of 2-11-1993, §§ 117.140 — 117.160]
(a) Commercial district. The commercial area in the Village
is hereby declared to be a fire district from and after September
1, 1967. There shall be no burning of any type in such commercial
district except indoor incinerators, fireplaces and furnaces. It shall
be unlawful to burn garbage, refuse, litter or rubbish or any other
material which tends to create an offensive odor or smoke within the
Village. This shall not be construed to prohibit the operation of
furnaces or fireplaces with the type of fuel included therefor.
(b) Industrial area. It shall be unlawful for any persons
to do any outside burning within the Village in the industrial area.
(c) Residential area. It shall be unlawful for any persons
to do any burning within the Village in the residential area; provided,
paper, as defined in this chapter, may be burned in the residential
area in a container with a covered top thereon with perforated holes
therein of not more than one inch in diameter. Each container shall
have sufficient perforated holes to allow the rapid burning of such
paper in such a manner as to minimize the smoke. The burning of rubbish,
refuse, litter, garbage or other materials which create an offensive
odor or smoke within the Village is hereby deemed unlawful; provided,
however, people in the residential area may obtain a permit to allow
the burning of leaves, brush or wood trimmings. Such permit shall
be obtained from the fire department and shall be without cost and
shall be valid only upon the days set forth therein. No permits for
burning of any type shall be issued in the commercial area; provided,
this shall not prohibit the fire department or Village from the removal
or destruction of buildings which should become a nuisance under applicable
provisions of this chapter or other ordinances of the Village.
[Comp. Ords. Rev. 1986, § 117.180; Code 1994, § 42-5]
(a) No person shall throw or deposit litter in or upon
any street, sidewalk, or public place within the Village except in
public receptacles or in authorized private receptacles. 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 public or private property. Persons
burning paper in authorized burning receptacles shall do so in such
a manner as to prevent the smoke therefrom from creating a nuisance
to their neighbors and shall prevent any part thereof from being blown
upon property of others.
(b) No person shall pollute any creek, stream or watercourse
by throwing or depositing therein any waste or poisonous or offensive
substance.
[Comp. Ords. Rev. 1986, § 117.190; Code 1994, § 42-6]
The owner or person in control of any private premises 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 for collection. The owners or persons in control
of any private premises shall at all times maintain the premises free
of noxious weeds and grasses, and unsafe trees or limbs. All owners
are required to cut weeds and grasses on vacant lots or other premises
prior to such weeds and grasses going to seed. The Village will mow
at a charge as currently established or as hereafter adopted by resolution
of the Village Council from time to time if mowing is not done after
notification of owner by letter.
[Comp. Ords. Rev. 1986, § 117.210; Code 1994, § 42-7]
Any person may make a complaint to the Village President or
president pro tempore relative to the violation of any provision of
this chapter relative to blight, litter, storage of junk, refuse and
rubbish, storage of junk motor vehicles or improper burning. The Village
Attorney may have the police investigate the same and, if it is deemed
that such complaint is justified, they shall mail a notice, certified
mail, to such owner or occupant in charge of the premises at his last
known address giving him 10 days to cease such activity or remove
such blight, trash, junk motor vehicle or litter. If the owner or
person in charge of any premises notified to abate such nuisance shall
fail to do so within the said 10 days period, then the Village President,
with his authorized personnel, shall enter upon such private premises
and abate such condition by removing such litter, rubbish, junk motor
vehicle, trash or blight and cleaning such private premises. The cost
of abating such condition, plus the additional cost of 15% for overhead
and other expenses, shall constitute a lien against the private premises
which shall be charged to the occupant or owner thereof as the case
may be. If such charge is not paid within 60 days after the bill for
such charges is rendered, such charge may be collected as a single
assessment against such premises in the manner provided by law or
any manner authorized for the collection of debts owed the Village.
[Code 1994, § 42-8; Ord. of 2-11-1993, § 117.240]
(a) The Village Council shall approve any and all dumpsters
to be serviced in the Village. The Village Clerk shall maintain a
list of all commercial and industrial businesses approved and serviced
with dumpsters. The ordinance enforcement officer shall approve of
the location of the dumpster. All dumpsters shall have a fitted lid
and shall be kept completely closed at all times, except for filling
and collection, to prevent the contents from being dispersed by winds
or otherwise.
(b) All dumpsters shall be kept clean and in good repair.
The property owner of the establishment is responsible for maintaining
sanitary conditions in and around the dumpster at all times.
(c) The dumpster shall be maintained on a hard surface
such as concrete or blacktop and be of appropriate size for safe handling
when unloading into a refuse truck.
(d) Property owners have 10 days upon notification of condition
to correct such violation.
[Comp. Ords. Rev. 1986, § 117.020; Code 1994, § 42-36]
The Village will be responsible for the picking up of garbage,
refuse and rubbish in the Village in accordance with the provisions
set forth in the current contract. There will be a pickup of residential
garbage, at least once a week. Residents will be informed of the time
and place to set garbage cans for pickup.
[Comp. Ords. Rev. 1986, § 117.070; Code 1994, § 42-39]
It shall be the duty of every person to keep all garbage or
rubbish containers on his premises in a sanitary condition and maintained
so as not to become a nuisance.
[Code 1994, § 42-47; Ord. of 2-11-1993, § 117.170]
The Village employees or its agents or independent contractors
are hereby authorized to pick up any containers used for burning in
a commercial or industrial area as rubbish. It shall be unlawful in
any area, residential and/or commercial, to store or accumulate junk,
trash, rubbish or refuse of any kind in such a manner as to cause
blight to exist which would result in an undesirable neighborhood;
provided, this shall not be construed to prohibit the placing of the
trash, rubbish, junk or refuse in the proper place as designated by
the Village President or president pro tempore for pickup thereof
for a period not to exceed 48 hours prior to such pickup. All trash,
rubbish, junk or refuse shall be neatly stored away from the public
view, preferably inside of a building at all other times, except the
same may be placed at the designated spot for pickup for a period
of 48 hours while it is awaiting the Village pickup. It shall be unlawful
to store upon any property, public or private, junk automobiles except
in a completely enclosed building. For the purpose of this article,
the term "junk automobile" includes any motor vehicle which is not
operable or is not currently licensed for use upon the highways of
the state. It also includes any motor vehicle whether currently licensed
or not which is left in a public place for a period in excess of 30
days and is not moved by the owner or his agent within the thirty-day
period.