[Ord. 2017-869, 11-20-2017, eff. 1-1-2018]
For the purposes of this chapter, and the interpretation and
enforcement thereof, the words, terms, phrases and their derivatives
set forth in this section shall have the meanings as follows:
The Building Safety Officer or his or her designee.
The provision of any service contracted by the City to collect
Municipal waste and/or landscape waste from any single-family dwelling
containing not more than two dwelling units.
The provision of any service to collect and transport Municipal
waste or landscape waste from any multifamily dwelling or any commercial
or industrial premises.
Any solid waste containing a variety of materials resulting
from the construction, demolition, remodeling or renovation of residential,
commercial or industrial structures. "Construction or demolition debris"
also includes cement, concrete, asphalt or masonry debris resulting
primarily from street, sidewalk, bridge, sewer and water construction,
repair or replacement, which is defined as "clean fill" by the Illinois
Environmental Protection Agency.
That portion of the right-of-way adjacent to and within five
feet of the roadway, including any alley.
The open space of any yard on any lot within the City extending
the entire width of any such lot from the line of the right-of-way
to the nearest point of any building or structure located on such
lot.
The Illinois Environmental Protection Agency.
Any person that provides, for any property other than its
own, maintenance or removal of lawns, shrubbery, trees or any ornamental
plant, and transports only landscape waste produced directly as a
result of such landscape care activities.
Any accumulation of grass, shrubbery cuttings, leaves, tree
limbs and other materials accumulated as the result of the care and
maintenance of lawns, shrubbery, vines and trees; provided, however,
that landscape waste that has been chipped, shredded, composted or
otherwise processed so as to be converted from raw landscape waste
shall not be considered to be landscape waste for the purposes of
this chapter.
Any residential dwelling containing more than two dwelling
units.
Any garbage, refuse, rubbish, debris, general household waste,
or construction or demolition debris, but does not include any landscape
waste or any material or waste classified as hazardous, toxic, flammable
or otherwise dangerous to the environment under any Federal, State
or local law.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, political
subdivision, State agency, or any other legal entity, or their legal
representative, agent or assigns.
Any newsprint and aluminum, glass, plastic and ferrous metal
containers, for which there is in effect a recycling program operated
by the City or pursuant to a franchise granted by the City to an exclusive
waste hauler.
The entire width between the boundary lines of any land dedicated
for street, alley or sidewalk purposes or otherwise open to the use
of the public for the purposes of passage or vehicular travel within
the City.
That portion of the right-of-way improved, designed or ordinarily
used for vehicular travel.
A residential dwelling designed for and used for living and
sleeping purposes, containing its own kitchen and bathroom facilities,
and having its own independent entry/access from the exterior of such
residential dwelling or from a common interior hallway. The definition
for single-family dwelling shall include not more than two dwelling
units.
Any person who charges a fee for collecting Municipal waste
or landscape waste.
[Ord. 2017-869, 11-20-2017, eff. 1-1-2018; amended 2-1-2021 by Ord. No. 2021-937, eff. 10-1-2021[1]]
(A)
Any person who is the owner of any single-family dwelling shall be
required to have City waste collection service. The trash service
can only be in the landowner's name, and cannot be transferred to
a tenant.
(B)
Any person who is the owner, of any multifamily dwelling, multifamily
apartment complex, licensed mobile home park or of any commercial
or industrial premises within the City shall have any accumulation
of municipal waste on any such property collected and disposed of
at least once every seven calendar days by a waste hauler who has
a valid waste hauler license. The trash service can only be in the
landowner's name, and cannot be transferred to a tenant. Any additional
service requests beyond the basic weekly pickup requested by the tenant
shall be the responsibility of the tenant.
[Amended 1-3-2022 by Ord. No. 2022-966]
(C)
The occupancy of any dwelling unit, multifamily dwelling or the operation
of any commercial or industrial activity by any person within the
City shall be prima facie evidence that municipal waste is being produced
and accumulated within any such dwelling unit, multifamily dwelling
or on any such commercial or industrial premises.
(D)
For any commercial hauling service, the building safety official
may, upon hearing, grant an exemption from the requirements of this
section if the level of municipal waste generated or the alternative
arrangements for disposal of municipal waste does not reasonably warrant
any such collection and disposal. Any person requesting such exemption
shall have the burden of establishing the grounds for any such exemption
to the satisfaction of the building safety official.
[1]
Editor's Note: This ordinance was amended 7-6-2021 by Ord. No. 2021-949 to change the enforcement date from July 1, 2021 to October
1, 2021.
[Ord. 2017-869, 11-20-2017, eff. 1-1-2018]
(A)
No person who as owner, agent, lessee, occupant or other person in
control of any dwelling unit or of any commercial or industrial premises
shall accumulate or permit the accumulation of Municipal waste on
any such property except:
1.
For City Waste Collection Service: Such container as may be supplied
from time to time by the provider of such City waste collection service;
2.
For Commercial Hauling Service: A watertight container or containers
which meet or exceed the requirements of being constructed of a rigid
material with handles, a tight-fitting lid and sufficient capacity
to contain the accumulation of Municipal waste until the next date
of collection; or a watertight dumpster or similar trash receptacle
which meets or exceeds the requirements of being constructed of a
rigid material with a lid and sufficient capacity to contain the accumulation
of Municipal waste until the next date of collection.
(B)
Any unlawful accumulation of Municipal waste in violation of the
provisions of this section is declared to be a public nuisance and
may be enforced in accordance with provisions of this Code applicable
to public nuisances.
[Ord. 2017-869, 11-20-2017, eff. 1-1-2018]
It shall be unlawful for any person to place waste in front
of any premises, or the front line extended of said premises, even
though in a proper container, sooner than 48 hours prior to or later
than 48 hours after the scheduled pick-up time by a waste hauler.
[Ord. 2017-869, 11-20-2017, eff. 1-1-2018]
In the event waste containers are provided by the City in public
places for public use, it shall be unlawful to deposit in said containers
any accumulations of waste or garbage from any premises.
[Ord. 2017-869, 11-20-2017, eff. 1-1-2018]
Ownership of recyclable material set out for collection or deposition
at a City operated recycling drop off facility in accordance with
the terms of this chapter shall be vested in the City. No person shall
collect, remove or dispose of recyclable material set out for collection
or deposited at a City operated recycling drop off facility, except:
[Ord. 2018-878, 5-21-2018, eff. 6-1-2018]
The City may issue bills for waste collection services on behalf
of a waste hauler with an exclusive Waste Collection Agreement with
the City. The owner of the premises, the occupant or the user of the
waste collection services shall be jointly and severally liable to
pay for the service on the premises, and the service is furnished
to the premises by the exclusive waste hauler only upon the condition
that the owner of the premises, the occupant, or the user of the service
are jointly and severally liable for the payment of all charges for
the same. In the event any charges for waste collection services are
not paid within 30 days after rendition of the bill for such service,
such charges shall be deemed, and are declared to be, delinquent.
If the rates or charges for waste collection services are not
paid within 60 days after the rendition of the bill for such services,
such services may be discontinued without further notice to the customer.
In the event that services are discontinued, said service shall not
be reinstated until all outstanding charges are paid in full. The
City Council of the City may also contract with the exclusive waste
hauler serving the City, to terminate waste collection service to
any property where waste collection charges are delinquent for a period
of 60 days after the rendition of the bill for such services. In the
event waste collection services are discontinued, said services shall
not be reinstated until all outstanding charges are paid in full.
The termination, either voluntary or involuntary, of services shall
constitute a violation of this section.
Any person who violates any provision of this chapter shall
be subject to a fine of not less than $75 nor more than $750 for each
offense. A separate offense shall be deemed to be committed on each
day during or on which any violation of this chapter continues.
