GARBAGE AND RUBBISH
Art. I In General, Secs. 16-1 - 16-37
Art. II Scavengers, Secs.
16-38 - 16-49
Div. 1 Generally,
Secs 16-38 - 16-45
Div. 2 License, Secs.
16-46 - 16-49
ARTICLE I. IN GENERAL
*Cross Reference - Fire prevention and
protection, Sec 14-1 et seq.; health, Sec 18-1 et seq;
nuisances, Sec 24-1 et seq.; junk and secondhand merchandise dealers, Sec. 25-1
et seq,; junked, abandoned and wrecked vehicles, Sec.
32-72 et seq.
State law references - Disposal of
refuse, garbage and ashes in municipalities. Ill Ref. Stat. Ch. 24, Sec.
11-19-1 et seq.; authority to prohibit deposits in streets, alleys and other
public property, Ch. 24, Sec. 11-80-10; Environmental Control Act, Ch. 111 ½,
Sec. 1001 et seq.
Terms used in this chapter shall have the
following meanings:
Ashes. The term "ashes" shall mean the
residue from the combustion of fuel used for heating.
Garbage. The term "garbage", shall mean all
organic household kitchen wastes, such as rejected or unused food and food
residues, and paper necessarily used for wrapping.
Household rubbish. The term "household rubbish" shall
mean inorganic, incombustible household waste such as metal cans, metal ware,
plastic, rubber and kindred product containers, bottles, broken glass,
crockery, stoneware and similar refuse resulting from the regular operation of
household, not classed as garbage or miscellaneous rubbish.
Manure. "Manure" shall mean the excrement
of all domestic animals and fowl, and stable bedding.
Miscellaneous rubbish. The term "miscellaneous rubbish",
shall mean combustible rubbish such as papers, boxes, brush and leaves, and any
other rubbish or waste resulting from the operation of a domestic or business
establishment, such as grass cuttings, tree trimmings, debris from building,
construction, repair or remodeling, discarded equipment and similar waste. (Code 1965, Sec. 13.01).
Sec. 16-02. Premises to be kept clean.
In the event said owner, occupant or
lessee of any premises allows or permits refuse and rubbish to remain upon the
premises or to accumulate upon said premises, the City of
Any owner or occupant or lessee of any
premises in the city may dispose of any garbage, ashes or household rubbish
which may be produced on his own premises when such disposal is accomplished in
manner which does not create a nuisance or cause annoyance or discomfort to the
inhabitants of the City (Code 1965, Sec. 13.04)
Sec. 16-04. Placement of receptacles for collection of garbage.
Receptacles for garbage, ashes and
household rubbish to be collected shall be placed outside the residence or
other building in an accessible place, and at ground level and near the street
or alley line. No receptacle shall be placed at or near the street line at any
time earlier than 24 hours before nor later than 24 hours after the date and
time same is due to be picked up by the garbage or refuse collector for any
street, avenue, boulevard or place in the City other than Stoddard Place,
Looker Avenue, New Street, Stone Street, or Chestnut Street between Fifth
Avenue and Entrance Avenue.(Code 1965, Sec. 13.02; Ord. No 95-13,
Sec. 16-05. Garbage containers
to be provided.
The owner, occupant or lessee of any
premises in the City, upon which shall accumulate any garbage, ashes or
household rubbish, shall provide and maintain clean and in good repair adequate
receptacles. No such receptacle,
container or drum shall be used which is of a forty (40) gallon capacity or
larger or any modification thereof.
(Code 1965, Sec. 13.03)
Sec. 16-06. Number
of receptacles required for garbage.
Every owner or his agent, or the occupant
of any house, building or apartment in the City wherein persons reside, board
or lodge shall provide for each such house, building or apartment and at all
times maintain containers for papers, rubbish and other waste, in a number
sufficient to store and handle for disposal the accumulations from each such
house, building or apartment according to the specifications of this
chapter. (Ord.
No. 70-26, Sec. 1,
Sec. 16.07. Duty
to clean up scattered garbage, rubbish.
No owner or his agent or the occupant of
any house, building or apartment in the City shall allow garbage, ashes,
household rubbish or miscellaneous rubbish to be scattered or strewn about or
overflow from any receptacle or container, which is provided for each such
house, building or apartment for the collection and disposal of such
garbage. Every such owner, agent or
occupant shall clean up any garbage and rubbish which is scattered or strewn
about, in or upon such premises, public or private, or upon streets, alleys,
parkways or other public or private places or upon any vacant or unimproved
lots or parcels of land in the City, by wind, the ravages of animals such as
dogs, or by other means. (Ord. No. 98-88, Sec. 16.07,
Sec. 16-08. Duty to prevent scattering of material by wind.
Wind-blown material must be confined to a
closed container and any failure to do so shall be regarded as a violation of
this Code. (Ord.
No. 70-26, Sec. 1,
Sec. 16-09. Covering of garbage containers.
The use of open containers for food cans,
cartons or any other material which will draw flies or other insects is
strictly unlawful. Such containers must
be tightly covered in metal, durable plastic cans, or other similar material
having the same general properties. (Ord. No. 70-26, Sec. 13.17)
Sec. 16-10. Regulation of collectors of garbage.
It shall be unlawful for any person to
conduct the business of collecting and disposing of garbage, ashes and
household rubbish for hire, and of transporting any or all of them over the
streets of the City without a permit.
Such business shall not be carried on by any person except under the
conditions prescribed in this Code.
(Code 1965, Sec. 13.05)
Sec. 16-11. Collection
of garbage by authorized collector.
The Department of Public Works of the
City or any person authorized in its behalf may collect and dispose of garbage,
ashes and rubbish in accordance with such rules and regulations as to service
and rates of charge as may be approved by the City Council from time to
time. No owner, occupant or lessee of
any premises in the City shall be entitled to such services
who has not fully complied with all of the provisions of this chapter
and with the rules and regulations of the Department of Public Works as
approved by the Council. (Code 1965, Sec. 13.06).
Sec. 16-12. Collection and
Disposal of Garbage and Refuse Service.
The City provides for the collection and
disposal of garbage and refuse to certain residential building units and
certain business and institutional units pursuant to a contract with ABC
Disposal effective the first day of January, 1987.
Sec. 16-13. Fees for garbage and rubbish.
The City may charge residential building
units and business and institutional units a reasonable fee of eight dollars
($8.00) per month for the collection and disposal of garbage and refuse
rendered by the contractor who is awarded a contract by the City Council of the
City for the collection and disposal of garbage and refuse in the City for each
unit for which the collection and disposal of garbage and refuse is rendered.
For all units, a five percent (5%) discount shall be allowed on their first
bill of this City's fiscal year, May 1, through April 30, for payment of the
garbage and refuse fee, if same is paid on an annual basis. (Ord. No. 87-35; Sec. 1-3,
Sec. 16-14. Collection of delinquent garbage bills.
(a) When
the garbage and refuse fee is delinquent (not paid within thirty (30) days of
billing for service), the City may in its discretion file suit to collect such
amounts as are delinquent and due against the responsible tenant, landlord,
record title holder, contract purchaser, or any assignee of the above civil
action, and shall collect, as well as all court costs pertaining to said
action; reasonable attorney fees, plus the sum of twenty-five ($25.00) to cover
the cost of preparation of all notices and forms as may be required.
(b) The City shall add interest at the rate of
nine percent (9%) per annum to all delinquent fees on all judgments rendered
against the responsible party.
Sec. 16-15--16-20. Reserved.
Sec.
16-21. Littering prohibited.
Cross Reference - Dumping or depositing
refuse as nuisance. Sec.
24-6.
(a) No
person shall litter any streets, or any public or private property with
handbills, paper or debris. No person
shall so distribute any advertising matter or handbills that they may be blown
about or result in the littering of streets, or any public or private
property. No person shall place any
advertising matter or hand bills in or on any vehicle.
(b) No
person shall throw, place, leave or suffer to be thrown, placed or left, any
garbage ashes, household rubbish, miscellaneous rubbish, manure or any refuse
in or upon any premises, public or private, including streets, alley, parkways,
or other public places or upon any vacant or unimproved lots or parcels of land
in the City. (Code 1965, Secs. 13.08; 15.49)
Sec.
16-22. Sweeping
from commercial establishments prohibited.
It shall be unlawful for any person to
sweep waste from any commercial establishment or the adjacent sidewalk into the
gutter.
Sec.
16-23. Deposit of grass/rubbish
prohibited in public streets.
It shall be unlawful for any person to
dump or deposit or cause to be dumped or deposited any grass, leaves, branches,
or any other things in a roadway or gutter of any public street in the
City. (Ord. No.
70-31; Sec. 1,
Sec.
16-24. Deposits
in rivers, streams or creeks prohibited.
Cross Reference - Water
Pollution Control, Secs. 34-103 et. seq.
State law references - Water pollution generally,
Ill. Rev. Stat. Ch. 14, Sec. 11 et seq. and Ch. 111 ½, Sec. 1011 et seq.,
dumping in waters of State prohibited, Ch. 56, Sec. 160.
No person shall throw, discharge or
deposit or cause to be thrown, or deposited, or discharge by any other person,
any garbage, of offal or refuse, or ashes, in the waters or any river, stream
or creek of any tributary of the Kankakee River of on or along the banks of any
of them. (Code 1965,
Sec. 11.09).
Sec.
16-25. Collection of offal.
(a) The term
"offal" is defined to be butcher offal, hotel and restaurant
bones, grease, glue, garbage, animal and vegetable refuse and wastes, butcher
shop wastes and bones, meat market scraps and other kindred refuse and wastes.
(b) All vehicles used for the collection or
transportation of offal shall be provided with watertight bodies of boxes and
the sides thereof shall be sufficiently high above the load of contents so that
no part of the contents may leak, fall or spill therefrom,
and every such vehicle shall have a waterproof and watertight cover which shall
always be spread tightly over the top of such vehicle except during the time of
loading.
(c) In
all cases where such offal is transported in packages, such packages whether it
be a box, barrel or can, shall be watertight and closely covered with a
watertight cover so as to prevent leaking, spilling or falling of the contents
thereof.
(d) All
such vehicles and all implements and the boxes used in connection therewith
must be kept in an inoffensive and sanitary condition and thoroughly washed and
cleansed and disinfected daily.
(e) No
vehicle containing such offal material shall be permitted to remain or be
stored in any public or private barn, building or premises, thoroughfare, alley
or street, or in any other place in the City, overnight; and the storing of any
such material in vehicles or boxes upon any premises within the city shall be
deemed and is hereby declared to be a public nuisance (Code 1965, Sec. 13.11)
Sec.
16-26. Notice to provide container
for garbage.
The collector of garbage is authorized to serve a notice in writing upon the owner, agent, occupant, or person in possession, charge or control of any premises upon which, or in the alley, or street adjacent to which premises, garbage is accumulated or discharged without a suitable garbage can as required by this chapter, requiring them or either of them to provide such garbage can and to deposit all of such garbage in such can. The Superintendent of the Department of Public Works is authorized to issue a ticket or citation for failure to comply with such notice.
(Code 1965, Sec. 13.12)
Sec.
16-27. Penalty for violating garbage ordinances.
Any person violating any provision of this
article shall be subject to a fine of not less than twenty-five dollars
($25.00) nor more than one hundred dollars ($100.00) for each offense unless
specified otherwise. A separate offense
shall be deemed committed on each day during or on which a violation occurs or
continues. (Ord.
No. 70-26, Sec. 1,
Sec.
16-28. Dumping of tires.
The dumping or depositing of tires is
hereby declared a nuisance and prohibited within the City. Any person who is in
violation of this specific Section shall be subject to a fine of not more than
five hundred and no/100ths ($500.00) dollars for each offense. A separate offense shall be deemed committed
on each day during or which a violation occurs or continues. (Ord.
No. 88-17. Sec. 1,
Secs. 16-29--16-37. Reserved.
ARTICLE
II. SCAVENGERS
DIVISION
1. GENERALLY
Sec.
16-38. Definition -
Scavengers.
Scavenger: as
used herein means any person engaging in the work or business, whether
regularly, intermittently or occasionally, of cleaning or removing garbage,
waste, refuse, debris, junk or abandoned or discarded substances or materials
from the streets, alleys and parkways for the purposes of regular refuse pick
up by a licensed waste hauler or the City of Kankakee. This definition does not include any licensed
waste hauler. (Code 1965, Sec. 32.06, Ord. No 96-17,
Sec. 16-38,
Commercial waste hauler: is used herein and means any person engaged in the work or business of cleaning or removing garbage, waste, refuse, debris, junk or abandoned or discarded substances or materials from the streets and alleys. Persons regularly engaged in the collection for re-sale of industrial scrap or salvageable materials obtained from industrial sites, are expressly excluded from the provisions of this Article.
This section does not include any
business or entity with which the City of
Sec.
16-39. Transport
vehicles used by scavengers.
Any vehicle used by a scavenger shall
have a cargo body construction of metal, of sufficiently tight construction to
prevent the leakage or spillage of any liquid or solid there from and shall be
completely enclosed except for loading or unloading openings which loading and
unloading openings shall be capable of being tightly closed. The openings shall be kept tightly closed
when the vehicle is being used to transport collected material from the place
of collection to the place of disposition.
(Code 1965, Sec. 32.06)
Sec. 16-40. License.
No person shall perform any service as a
commercial waste hauler within the City without a license therefore.
Sec. 16-41. Fee for Commercial Waste
Hauler.
The license fee for a commercial waste
hauler shall be as described in Chapter 21 Section 21.04 of this Municipal
Code. (Code 1965. Sec. 32.06; Ord No 84-8, Sec 1,
Sec. 61-42. Change of Location.
Any license holder under this division
who shall make any equipment or manner or place of disposition of collected
material shall report such change in writing to the City within five (5) days
after such change. (Code 1965, Sec. 32.06; Ord. No 96-19, Sec. 16-42;
Sec. 16-43. Ownership of refuse.
Contents of all containers, all garbage
bags and all bags used for the purposes of recycling material shall become the
property of the City of Kankakee upon their deposit, either upon the street,
boulevard or alleys for the purposes of pick up by the garbage collector. No scavenger or commercial waste hauler or
any other person or entity may pick up, collect, take, sort
or in any other way examine or obtain contents of any closed garbage
containers, garbage bag or recycling bag or container designated by the City
for recyclable material.
Sec. 16-44. Prohibition against
Scavenging.
No person may scavenge items placed in
enclosed containers, bags or recyclable materials, or other items which are the
property of the City at any time and may not scavenge any other items other
than between sunrise and sunset.
Sec 16-45. Alternate Prosecutions.
Violations of this Ordinance may be prosecuted
by a complaint alleging a violation of these ordinance,
however, this ordinance does not prohibit or exclude the prosecution of the
person or entity who violates this ordinance for theft or other similar
offenses pursuant to the Statutes of the State of
Sec. 16-46. Improper Dumping.
It shall be a violation of this ordinance
for any person or entity to place, deposit or leave for pick up any garbage or
any recyclable materials on any property not owned or occupied by that person without
the consent of the property owner.
Sec. 16-47. Penalty.
A person who is found guilty of violating
this ordinance, upon conviction, shall be fined a minimum of one hundred
dollars ($100.00).
INDEX
ARTICLE I. IN GENERAL 16
Authority to dispose of waste products
16 - 03
Collection and Disposal of Garbage 16
- 12
Collection of delinquent
garbage bills. 16
- 14
Collection of garbage by authorized
collector. 16 - 11
Collection of offal.
16 - 25
Covering of garbage
containers.
16 - 09
Definitions ‑ Garbage and Rubbish
16 - 01
Deposit of grass/rubbish prohibited 16
- 23
Deposits in rivers, streams or creeks
prohibited. 16 - 24
Dumping of tires.
16 - 28
Duty to clean up scattered
garbage/rubbish
16 - 07
Fees for garbage and
rubbish.
16 - 13
Garbage containers to be
provided.
16 - 05
Littering prohibited.
16 - 21
Notice to provide container for garbage. 16 - 26
Number
of receptacles required for garbage. 16 - 06
Penalty for violating
garbage ordinances.
16 - 27
Placement of receptacles
garbage.
16
- 04
Premises to be kept
clean.
16 - 02
Preventing scattering of
material by wind. 16 - 08
Regulation of collectors
of garbage.
16 - 10
Sweeping from commercial establishments
16 - 22
ARTICLE II. SCAVENGERS 16
Alternate Prosecutions ‑ scavengers
16 - 45
Change of Location ‑ waste haulers
16 - 42
Definition ‑
Scavengers.
16 - 38
Fee for Commercial Waste
Hauler.
16 - 41
Improper Dumping of garbage 16 - 46
License for commercial waste haulers
16 - 40
Ownership of refuse.
16 - 43
Penalty for violation of scavenger
ordinance
16 - 47
Prohibition against
Scavenging.
16 - 44
Transport vehicles used by scavengers. 16 - 39