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ARTICLE II. REFUSE (7-28-200 et seq.)
For the purposes of this chapter the following words and terms shall be understood as having the following meanings:
“Ashes” means all ashes of wood, coal and coke; the residue resulting from the combustion of any material or substance, soot, cinders, slag or charcoal.
"Dwelling unit" has the meaning ascribed to that term in section 17-17-0248 .
“Garbage” means rejected organic matter, household food, cooking grease or kindred refuse, manure, swill or carrion.
“Grease container” means any container used for the storage, collection or removal of cooking grease or kindred refuse.
“Junk” means old iron, chain, brass, copper, tin, lead or other base metals, old rope, old bags, rags, wastepaper, paper clippings, scraps of woolens, clips, bagging, rubber and glass, and empty bottles of different kinds and sizes when the number of each kind of size is less than one gross, and all articles and things discarded or no longer used as a manufactured article composed of, or consisting of, any one or more of the materials or articles herein mentioned. Junk includes items and materials stored for resale with no more processing than sorting, crushing or separation from other items and materials.
“Litter” includes but is not limited to the following: (a) picnic or eating utensils, such as paper plates, cups, napkins, towels, plastic utensils, metal foil, cellophane, wax paper, paper bags or any food wrappings; (b) liquid or beverage containers such as beer, soft-drink and juice cans, beer, soft-drink, liquor and wine bottles, and milk or juice cartons; (c) tobacco and confection wrappers, such as cigarette packages, candy, ice cream, Popsicle, gum or any other type of dessert or confection wrapping or container; (d) food wastes, such as fruit or vegetable peelings, pulp, rinds, leftovers or any other type of table wastes; (e) newspapers, books, placards, handbills, pamphlets, circulars, notices or papers of any type; (f) or any other type of rubbish, garbage, refuse matter, article, thing or substance such as discarded clothing, boxes, dust, manure or ashes.
“Litter basket” means any container suitable for the storage and collection of litter on the public way or private parking lot properties.
“Manure” means the excrement of all domestic animals and fowl, stable bedding, and all hay, straw, shavings, grass and weeds, or leaves which have been used for stable or fowlhouse bedding.
"Multiple dwelling" means a building that contains 2 or more dwelling units.
“Occupational unit” means a property or part of a property designed, intended, or used for any business purpose other than a single dwelling or multiple dwelling.
“Retail establishment” means each separate store location, whether or not affiliated with any other store location, where goods or services are offered for sale to the consuming public.
“Refuse” means all garbage, junk, ashes, and all other rejected matter, rubbish, and dust.
"Single dwelling" means a building that contains no more than one dwelling unit.
"Unified statement of charges" has the same definition ascribed to that term in section 11-12-010,
(Prior code § 99-14; Amend Coun. J. 4-15-95, p. 67576; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 5-2-01, p. 57399, § 1; Amend Coun. J. 10-28-15, p. 12062, Art. IX, § 2; Amend Coun. J. 2-10-16, p. 18540, § 1)
Notes
| 17-17-0248 | The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |
(a) Standard refuse container. The standard refuse container required by this chapter shall be a receptacle of impervious material and sturdy construction, with a tight fitting cover, and shall be provided by the department of streets and sanitation.
(b) Commercial refuse container. The commercial refuse container required by this chapter shall be provided or contracted for by the property owner or his agent or the occupant of an occupational unit, and shall be a leak-resistant, rodent-resistant, and lidded container which is constructed of impervious material and subject to the inspection of the department of health and the department of streets and sanitation.
(c) Refuse compactor. The refuse compactor required by this chapter shall be a leak-resistant and rodent-resistant container constructed of impervious material and capable of reducing the volume of waste contained within it a minimum of 65 percent, subject to the inspection of the department of health and the department of streets and sanitation, and provided or contracted for by the property owner or his agent, unless otherwise agreed to by the lease agreement.
(Prior code § 99-15; Amend Coun. J. 7-7-99, p. 6985)
(A) Definitions. For purposes of this section, the following terms shall have the following meanings:
“Provider” shall mean the person who provides refuse collection services, and if applicable, the Disposal and Recycling Management Company as defined in Section 4-6-130 , for a refuse container that has been provided for use at a requested location.
“Refuse container” shall mean the commercial refuse container or refuse compactor described in Section 7-28-210 of the Code. However, “refuse container” shall not include a receptacle provided for the convenience of customers of a business establishment if no refuse collection service has been contracted for that receptacle.
(B) Permit required. It shall be unlawful for any provider to place, maintain or provide refuse collection services for a refuse container for use in the City of Chicago unless such provider shall first obtain a refuse container permit for that container.
(C) Application. An application for a refuse container permit shall be made to the commissioner of transportation. In addition to such other information as the commissioner may require, the applicant shall state the name, address, container locations, container sizes and telephone number of the provider or providers of the refuse container. The information shall be updated periodically or otherwise as prescribed by the commissioner of transportation.
(D) Permit fee. Except with respect to refuse containers intended and used exclusively either: (i) for the collection of recyclable materials or (ii) by a unit of local government or school district that levies a property tax exclusively within the City of Chicago, as to which there shall be no permit fee, the permit fee for each refuse container permitted pursuant to this section shall be as follows:
Type A (under one cubic yard).....$17
Type B (one to two cubic yards)......$32
Type C (two to 10 cubic yards).....$63
Type D (over 10 cubic yards).....$164
Type R (used exclusively for recycling).....no fee
The commissioner of transportation is authorized, by regulation, to impose an additional technology surcharge of up to 10 percent of the above fees as may be necessary to administer data collection using the verification technology provided for in Section 7-28-217(a). Such surcharge shall be added to and payable as part of the permit fee. The permit shall be valid for a four-month period beginning on April 1, August 1, and December 1 of each year. In each year the permit fee shall be paid no later than the following dates, unless a different payment schedule is specified by the commissioner of transportation by regulation:
July 15 for the period beginning April 1.
November 15 for the period beginning August 1.
March 15 for the period beginning December 1 of the previous year.
(E) Enforcement. This section shall be enforceable by any one of the following: the commissioner of streets and sanitation, the commissioner of transportation, the commissioner of business affairs and consumer protection, or the comptroller, or their respective designees. The commissioner of transportation shall have the authority to promulgate such rules and regulations as the commissioner deems necessary or appropriate for the proper administration and enforcement of this section. The comptroller may require that a provider produce such records and other information that the comptroller considers necessary to determine compliance with this section.
(F) Penalties.
(1) Any person violating this section or any rule or regulation promulgated under this section shall be subject to a fine of not less than $250.00 nor more than $1,500.00 for each offense.
(2) Each day that a violation is permitted to exist shall constitute a separate offense. In addition, any refuse container not validly permitted may be removed by the city, and all costs associated with such removal shall be borne by the provider of the refuse container. The owner of a refuse container, if different from a provider, shall be jointly and severally liable with the provider for any violation of this section.
(3) Where a provider has contracted with a Disposal and Recycling Management Company (“company”), as defined in Section 4-6-130, for the provision of those services, the provider and the company shall be jointly and severally liable for the penalties provided by this section.
(Added Coun. J. 5-9-12, p. 27485, § 156; Amend Coun. J. 6-25-14, p. 82896, § 1; Amend Coun. J. 4-18-18, p. 75051, § 3)
Notes
| 4-6-130 | The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |
(a) The owner of a commercial refuse container or compactor, or grease container, at a building where refuse is removed at the expense of the owner, his agent or occupant of the property, shall label the container with the following information: the address of the person using the commercial container; in the case of a business, the name of the business or businesses served by the container, and the name and telephone number of the person providing refuse collection service for that container; and, in the case of a residential building, the name of the person responsible for payment for refuse collection service for that container at the building. The labeling shall be indelible, in letters no less than one inch high, in a color that contrasts clearly with its background, placed on the vertical surface opposite the hinge of the container's cover. The container shall be placed during normal use so that the label is visible from the alley adjacent to the building served by the container. Said owner, in addition to or as part of affixing the required label, shall equip each container with a form of technology (by way of non-limiting examples, a bar code or wireless transmitting device), following approval of that technology by the commissioner of streets and sanitation in consultation with the commissioner of transportation, that enables authorized city personnel to (i) verify that the container is properly permitted, and (ii) ascertain other information specified by said commissioners that is relevant to the legal status of the container. Containers used exclusively for recycling shall be marked in a manner specified by the commissioner of transportation.
(b) No person shall cover, alter, obscure or remove the identifying label or technological device required under subsection (a) of this section.
(c) Any person who violates any provision of this section shall be fined not less than $200.00 and not more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 7-13-94, p. 53272; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 10-3-01, p. 68141, § 2; Amend Coun. J. 5-13-09, p. 63017, § 2; Amend Coun. J. 6-25-14, p. 82896, § 1; Amend Coun. J. 2-10-16, p. 18540, § 1)
It shall be the duty of the occupant of every occupational unit to provide or contract to maintain in good condition and repair, unless otherwise provided for by lease agreement, sufficient commercial refuse container(s) and scavenger service to meet its waste generation and recycling needs, so as not to allow the container(s) to overflow.
It shall be the duty of the licensed scavenger to maintain in good condition and repair such commercial refuse containers. Notwithstanding this requirement, and unless otherwise agreed to by the parties via contract, the occupant shall be liable for its usage of the container(s) and for notifying the property owner or his agent of the need for additional containerization or service, including recycling service.
The owner or his agent of every multiple dwelling with five or more dwelling units, if not required to have a compactor under section 7-28-225 at the owner's or his agent's expense shall provide or contract for sufficient commercial refuse containers using a minimum standard of 1/4 cubic yard for each occupied dwelling unit per week, including container space for recyclable material. The 1/4 cubic yard requirement can be lowered if the multiple dwelling can verify a lower waste generation rate over a period of months. The commissioner of streets and sanitation shall have the authority to promulgate rules and regulations related to the cubic yard verification. If an owner of a multiple dwelling elects to contract for refuse pickup more than one time per week, the minimum cubic yard standard shall decrease accordingly.
All refuse which is placed for collection service outside of the building must be kept in standard or commercial refuse containers or refuse compactors.
(Prior code § 99-16; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 2-9-11, p. 112120, § 1; Amend Coun. J. 10-28-15, p. 12062, Art. IX, § 2)
It shall be the duty of the owner or occupant of an occupational unit and the owner of a multiple dwelling with five or more dwelling units with a waste generation of 50 cubic yards recyclable material collected as part of a recycling program, such as recyclable material collected in accordance with Chapter 11-5, to provide or contract for a refuse compactor and collection service with a minimum of once per week collection, except that a compactor shall not be required (i) when there is no suitable location on private property, or (ii) for multiple dwellings with five or more dwelling units that are only accessible by use of a private driveway, or (iii) if the occupational unit or multiple dwelling receives refuse collection service a minimum of five times per week. If the department of streets and sanitation determines there is a suitable location on the property, but the owner or his agent does not wish to use the space for the compactor, a permit for use of the public way shall be required. If the department of streets and sanitation determines that a compactor may not be placed in the public way, the compactor must be placed on the suitable location on private property. The commissioner of streets and sanitation shall have the authority to promulgate rules and regulations regarding the definition of suitable location and regarding the exclusion of commingled recyclables from the 50 cubic yard weekly refuse amount.
(Added Coun. J. 7-7-99, p. 6985; Amend Coun. J. 10-3-01, p. 68141, § 2; Amend Coun. J. 10-28-15, p. 12062, Art. IX, § 2)
Editor's note – The provisions of this section were effective July 7, 2000.
(1) Zone of nonoperation. No person shall grind or compact, or load into a mobile or stationary grinding or compacting device, garbage, wastes, refuse or other matter (within the meaning of Section 4-6-130 , of this chapter), without a special permit, between the hours of 9:30 p.m. and 7:00 a.m., Mondays through Fridays, and between the hours of 9:30 p.m. and 9:00 a.m., Saturdays, Sundays and holidays, on any street, alley, public way or on public or private property within the boundaries of the City of Chicago, which: (A) is within the area bounded by Weed Street on the north, Halsted Street on the east, Blackhawk Street on the south and Dayton Street on the west, or (B) adjoins or is within 250 feet of any business or residential zoning classification as defined in the Chicago Zoning Ordinance; except that this section shall not apply to that area bounded by the Chicago River on the north, Lake Michigan on the east, a line delineated by Congress Parkway extended and Congress Parkway on the south, the South Branch of the Chicago River on the west. Special permits to operate within the zone of nonoperation during the hours prohibited aforesaid, may be issued by the commissioner of streets and sanitation only after a showing, based on health, safety or public welfare that an extreme hardship exists. This section shall not apply to household appliances.
(2) Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with, or resisting or opposing the enforcement of, any of the provisions of this Section 7-28-226, shall upon conviction thereof, be fined not less than $500.00 nor more than $1,000.00.
(Added Coun. J. 5-9-12, p. 27485, § 157; Amend Coun. J. 11-8-12, p. 38872, § 143; Amend Coun. J. 12-12-12, p. 42395, § 1)
Notes
| 4-6-130 | The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |
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