SOLID WASTE
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, solid waste 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 ˝,
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 as the result of burning.
Solid Waste. The term “solid waste” shall have any meaning
as defined in all applicable federal and state statutes and regulations
defining said term.
Household solid waste. The term "household solid waste"
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 solid waste or miscellaneous solid waste.
Manure. "Manure" shall mean the excrement of
all domestic animals and fowl, and stable bedding.
Miscellaneous solid
waste. The term "miscellaneous solid waste",
shall mean combustible solid waste such as papers, boxes, brush and leaves, and
any other solid waste 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 solid waste to remain upon
the premises or to accumulate upon said premises, the City of
Sec. 16-04. Placement of receptacles for collection of solid waste.
Receptacles for solid waste, ashes and household
solid waste 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 solid waste 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. Solid waste
containers to be provided.
The owner, occupant or lessee of any
premises in the City, upon which shall accumulate any solid waste, ashes or household
solid waste, 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 solid waste.
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, solid waste 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 solid waste.
No owner or his agent or the occupant of
any house, building or apartment in the City shall allow solid waste, ashes, or
household solid waste 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 solid waste. Every such owner, agent or occupant shall
clean up any solid waste 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 solid waste 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)
Secs. 16-10 – 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 solid waste, ashes, miscellaneous solid
waste, 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/solid waste
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 ˝, 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 solid waste, 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, solid waste, 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 there from, 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 solid waste.
The collector of solid waste 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, solid waste is accumulated or discharged without a suitable solid waste can as required by this chapter, requiring them or either of them to provide such solid waste can and to deposit all of such solid waste in such can. The Superintendent of the Environmental Services Utility 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 solid waste 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 solid 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 solid 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 solid
waste 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 solid waste
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 solid waste
containers, solid waste 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 this 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 solid waste
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 Solid Waste 16 - 12
Collection of delinquent
solid waste bills. 16 - 14
Collection of solid waste by authorized
collector. 16 - 11
Collection of offal.
16 - 25
Covering of solid waste
containers.
16 - 09
Definitions – Solid Waste and Solid waste 16 -
01
Deposit of grass/solid waste prohibited 16 - 23
Deposits in rivers, streams or creeks
prohibited. 16 - 24
Dumping of tires.
16 - 28
Duty to clean up scattered solid waste 16 - 07
Fees for solid waste
16 - 13
Solid waste containers
to be provided. 16
- 05
Littering prohibited.
16 - 21
Notice to provide container for solid
waste. 16
- 26
Number
of receptacles required for solid waste. 16 - 06
Penalty for violating solid
waste ordinances.
16 - 27
Placement of receptacles
solid waste.
16 - 04
Premises to be kept
clean.
16 - 02
Preventing scattering of
material by wind. 16 - 08
Regulation of collectors
of solid waste. 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 solid waste 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