[HISTORY: Adopted by the City Council of the City of Crystal Lake 1-19-1993 (Art. VI, Chapter II, Section A, of the 1993 Code). Amendments noted where applicable.]
Unless otherwise expressly stated, the following words or terms shall, for the purposes of this chapter, have the meanings indicated in this section:
- The authorized or acting representative of the owner or occupant of real property within the City of Crystal Lake.
- Any contrivance 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 as required and authorized by the Ordinances of the City of Crystal Lake for the collection and storage of rubbish, waste, refuse or other matter.
- The City of Crystal Lake.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Any discarded, used or unconsumed substance or waste. Litter
may include, but is not limited to, any garbage, trash, refuse, debris,
rubbish, grass clippings or other lawn or garden waste, newspaper,
magazines, glass, metal, plastic or paper containers or other packaging,
construction material, motor vehicle parts, furniture, oil, carcass
of a dead animal, any noxious or offensive matter of any kind, any
object likely to injure any person or create a traffic hazard, potentially
infectious medical waste as defined in Section 3.84 of the Environmental
Protection Act (415 ILCS 5/3.360), or anything else of an unsightly
or unsanitary nature, which has been discarded, abandoned or otherwise
disposed of improperly including any material which if thrown or deposited
improperly may tend to create a danger to the public health, safety
and welfare.[Amended 11-2-1999 by Ord. No. 5216]
- Any person in possession or having the right to possession of real property within the City of Crystal Lake.
- Any person having any interest, legal, equitable, beneficial or otherwise, in real property within the City of Crystal Lake.
- A park, reservation, playground, beach, recreation center or any other public area in the City owned or used by the City and devoted to active or passive recreation.
- Any person, firm, partnership, association or corporation of any kind.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
- All putrescible and nonputrescible solid wastes (except body wastes) including garbage, rubbish, ashes, street cleanings, dead animals, abandoned vehicles, and solid market and industrial wastes.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, tree stumps, dirt, wood, glass, bedding, crockery and similar materials.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway including devices used exclusively upon stationary rails or tracks.
No person shall throw or deposit litter in or upon any street, sidewalk, or other public place within the City except in public receptacles, in authorized private receptacles for collection or in an official City disposal facility.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such manner as to prevent such litter from falling upon, or being carried or deposited by the elements upon, any street, sidewalk or other public place or upon private property.
All solid waste containers including metal cans, plastic bags or other approved receptacles that are placed at the curb for pickup by licensed collectors shall be set out no earlier than 7:00 p.m. on the day preceding the day on which pickup is scheduled and shall be removed as soon as possible but in no event later than 7:00 p.m. on the day of pickup.
[Amended 11-2-1999 by Ord. No. 5216]
No person shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying any premises within the City shall keep the sidewalk, parkway, gutter and street adjacent to their premises free of litter.
No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed, loaded, or covered as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place or upon private property; nor shall any person drive or move any vehicle or truck within the City 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.
[Amended 2-20-2007 by Ord. No. 6161]
No person shall cast, throw, place or deposit litter on any private property within the City whether owned by such person or not, except that the owner or person in control of the private property may maintain authorized private receptacles for collection 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 private property, provided that this section shall not apply to delivery of materials requested by the property owner, mail or materials placed upon the entry porch of the residence on the property with the owner's consent.
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 for collection.
No person shall throw or deposit litter on any open or vacant private property within the City whether owned by such person or not.
[Amended 11-2-1999 by Ord. No. 5216]
Notice to remove. The Building Inspector is hereby authorized and empowered to notify the owner or occupant of any private property within the City or the agent of such owner or occupant to properly dispose of litter located on such owner's property or deposited by the owner or occupant upon the public right-of-way which is dangerous to public health, safety or welfare. Such notice shall be by personal service or regular or registered or certified mail addressed to said owner, occupant, or agent at his/her last known address or as shown on the records of the collector of taxes of McHenry County, Illinois. In the event the owner, occupant or agent cannot be found for the purpose of personal service or in the event the house is vacant, service may be made by attaching a copy of the notice in a prominent place upon the premises with a copy of such notice being mailed by registered or certified mail to the last known address of the owner, agent or occupant.
Action upon noncompliance. Upon failure and neglect or refusal of any owner, occupant or agent so notified to properly dispose of litter which is dangerous to the public health, safety or welfare within not less than one day nor more than 10 days after receipt of the written notice provided for in Subsection A, the Building Inspector is hereby authorized and empowered to effect the removal and disposal of such litter.
Costs charged to owner. When the City has effected the removal of such dangerous litter, the actual cost thereof plus accrued interest at the rate of 6% per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property. A statement of the amount of such charge shall be sent to the owner in the same manner as provided in Subsection A above.
[Added 3-3-2009 by Ord. No. 6448]
Any person violating any of the provisions of this chapter shall be fined as set forth in Chapter 248, Fines, for each offense. A separate offense shall be deemed committed for each violation or, in the case of continuous violations, for each day during or on which a violation continues or occurs.