7-28-380 Refuse vehicles.

   No person owning or controlling any vehicle used for the carrying or transporting of any garbage, ashes, miscellaneous waste, or manure shall cause or permit such vehicle when in use for such purpose to stand or remain before or near any building, structure, or premises occupied by any person; nor shall any person using any such vehicle cause or permit the use of an unreasonable or unnecessary length of time in and about the loading or unloading of any such vehicle when in use for such purposes, or cause or permit an unreasonable or unnecessary length of time to be used in passing along any public way; nor shall any person cause or permit any such cart or vehicle to be in a condition needlessly or unnecessarily filthy or offensive.

(Prior code § 99-31)

7-28-390 Dumping on public way – Violation – Penalty.

   (a)   No person owning or controlling any vehicle shall dump, deposit or dispose, or cause, suffer, allow, or procure to be dumped, deposited or disposed from that vehicle any ashes, refuse, or waste on the public way.

   (b)   No person owning or controlling any refuse vehicle shall cause or permit the vehicle to be so loaded, to be in such defective condition, out of repair, of faulty construction, or improperly driven or managed to permit any ashes, refuse, or waste to drop or fall on any public way or other place. The vehicle shall be constructed to prevent the emission of any odor and to prevent any part of the contents from falling, leaking, or spilling therefrom. It shall be the duty of every person in possession or control of any such vehicle to remove from the public way or any other place, any part of the contents of the vehicle which fell, dropped, or spilled onto the ground from the vehicle.

   (c)   For purposes of this section “ashes”, “dispose”, “refuse” and “waste” shall have the meaning ascribed to those terms in Section 11-4-120.

   (d)   Penalties imposed for violations of this section shall be as provided in Section 11-4-1600.

(Prior code § 99-31.1; Added Coun. J. 12-21-88, p. 23493; Amend 7-31-90, p. 19384; Amend Coun. J. 11-3-04, p. 34974, § 2)

7-28-395 Construction debris on public way prohibited.

   Any person who constructs, demolishes, renovates, remodels, excavates or otherwise performs any maintenance operation on private property shall not allow any debris generated by that operation to accumulate on any adjacent public way and shall remove all debris from the public way at least once a day. Such person shall transport, remove and dispose of the debris in conformity with the requirements of this code and in a manner that does not cause any debris to be washed, drained, discarded or otherwise allowed to flow into the city sewer system. If the public way is damaged during the removal process, such person shall restore the public way to the condition that it was in before the damage occurred or shall pay the city in full for any costs and expenses which the city incurs in connection with the performance of that work.

   Any person who violates this section shall be fined not less than $200.00, nor more than $500.00, for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

   This section may be enforced by the department of streets and sanitation, the department of health, and the department of transportation.

   As used in this section:

   “Debris” means any dirt, rock, sand, construction or demolition waste, landscape waste, chipped paint, rubbish, rubble, garbage, trash, chemical residue, or any other miscellaneous material or substance generated by the construction, demolition, renovation, remodeling, excavation or performance of any other maintenance operation on private property. “Debris” does not include any item or material placed on the public way in compliance with a valid permit issued by the department of transportation.

(Added Coun. J. 6-6-01, p. 60214, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

7-28-400 Disinfection of refuse vehicles.

   Any person owning or controlling any refuse vehicle shall cause all such vehicles, and all implements used in connection with the loading or unloading thereof, when not in use, to be stored and kept in such place and in such manner as not to create a nuisance, and shall cause all such vehicles and implements to be thoroughly disinfected and put in an inoffensive condition when so stored or not in use. Such vehicles and implements shall be thoroughly disinfected at least once a week, whether in use or not, unless the same shall not have been used since the last disinfection thereof.

(Prior code § 99-32)

7-28-410 Reserved.

Editor's note – Coun. J. 11-3-04, p. 34974, § 2, repealed § 7-28-410, which pertained to dropping refuse from vehicle.

7-28-420 Industrial refuse.

   The owner, lessee, occupant, or manager of every chemical factory, paint factory, blacksmith or other shop, forge, coalyard, brickyard or place where bricks are manufactured, foundry or manufactory or premises where like business is done, or any factory or premises in which tar or any compound thereof is handled, used, or manufactured, shall cause all ashes, cinders, rubbish, dirt, and refuse to be removed to some proper place, so that the same shall not accumulate at any of the above- mentioned premises, or in the appurtenances thereof, and become filthy and offensive; nor shall any such owner, lessee, occupant, or manager cause or allow any dense smoke, cinders, dust, gas, or offensive odor to escape from any such building, structure, place, or premises which shall be offensive or prejudicial to the health or dangerous to the life of any person not being therein or thereupon engaged. It is hereby declared to be a nuisance to permit any ashes, cinders, rubbish, dirt, or refuse to accumulate on any of the above-mentioned premises, or the appurtenances thereof, and become filthy or offensive, or to cause or allow any dense smoke, cinders, dust, gas, or offensive odor to escape from any such building, structure, place, or premises, and the commissioner of buildings or any officer designated by him may summarily abate the same.

(Prior code § 99-34)

7-28-430 Decaying animal matter.

   It shall be unlawful for any person having the ownership or control of any animal matter within the city which is in process of decay so as to be offensive or dangerous to the public health to permit the same to remain within the city or within one mile of the limits thereof, while in such condition, more than 12 hours after such animal matter shall have come into such offensive or dangerous condition, whether it be at an establishment for the rendering or changing the character thereof or not. Any person violating any provision of this section shall be fined not less than $50.00 and not more than $200.00 for each offense, and every day on which such violation shall continue shall be deemed a separate and distinct offense.

(Prior code § 99-35)

7-28-440 Dumping on real estate without permit – Nuisance – Violation – Penalty – Recovery of costs.

   (a)   No person shall dump, deposit, or dispose, or cause, suffer, allow, or procure to be dumped, deposited, or disposed on any lot or parcel of real estate within the city any ashes, refuse, or waste, except at a sanitary landfill site, liquid waste handling facility or transfer station for which a permit has been properly issued pursuant to the provisions of Chapter 11-4 of this Code. For purposes of this section “ashes”, “dispose”, “refuse” and “waste” shall have the meaning ascribed to those terms in Section 11-4-120. Such dumping without a permit is hereby declared to be a nuisance.

   (b)   Penalties imposed for violations of this section shall be as provided in Section 11-4-1600.

(Prior code § 99-36; Amend Coun. J. 10-15-87, p. 5194; Amend Coun. J. 7-31-90, p. 19384; Amend Coun. J. 6-12-91, p. 1459; Amend Coun. J. 10-14-92, p. 21818; Amend Coun. J. 7-14-93, p. 35530; Amend Coun. J. 6-14-95, p. 2990; Amend Coun. J. 3-6-96, p. 17618; Amend Coun. J. 7-29-03, p. 5530, § 1; Amend Coun. J. 11-3-04, p. 34974, § 2)

7-28-445 Pilot program establishing a reward for information leading to a conviction or finding of liability for illegal dumping.

   (a)   Definitions. As used in this section:

      “Commissioner” means the commissioner of the City of Chicago department of health or the commissioner's designee.

      “Comptroller” means the comptroller of the City of Chicago or the comptroller's designee.

      “Illegal dumping” means any violation of Sections 7-28-440 or 11-4-1500 of this Code.

   (b)   Pilot program – Reward – Authorized. A pilot program establishing a reward of $100.00 for information resulting in a conviction or finding of liability for illegal dumping is hereby authorized.

   (c)   Eligibility criteria. Persons who report instances of illegal dumping to the City by calling the City of Chicago's non-emergency telephone number, 3-1-1, or by using other verifiable means of notification (e.g. letter, e-mail) to the police department or department of health, will be eligible for the reward authorized under subsection (b) of this section if all of the following requirements are met: (1) the person reporting the violation must identify himself/herself and provide his/her contact information to the 3-1-1 operator or department notified of the violation; and (2) the person reporting the violation must complete and sign the witness report required by the department of health; and (3) the witness report must result in a conviction or finding of liability for illegal dumping of the person(s) identified in such report as having committed the violation on the date and at the time set forth in such report. Provided further, that city employees shall not be eligible for the reward authorized under this section.

   (d)   Reward process. The commissioner shall be the sole arbiter of whether a person meets the eligibility criteria set forth in subsection (c) of this section, and the commissioner's decision shall be final and binding. If the commissioner determines that a witness report resulted in a conviction or finding of liability for illegal dumping, the commissioner shall so notify the comptroller. Such notification shall contain the name and address of the person(s) entitled to receive the reward and any other information that the comptroller may require. Upon receipt of such notification, the comptroller shall issue the reward to the person identified in the notification. If, in a particular case, the commissioner determines that more than one witness report resulted in a conviction or finding of liability, the $100.00 reward provided for under this section will be divided equally among the person(s) who signed the applicable witness reports.

   (e)   Disclaimers. Nothing in this ordinance shall be construed to create a private right of action to enforce this ordinance. The City reserves the right, in its sole discretion, with or without notice, to terminate at any time and for any reason the reward authorized under this section. The City shall not be liable for any damages, whether direct, indirect, incidental, special or consequential, related in any way to such reward, or for any consequences following therefrom or related thereto.

   (f)   Expiration. This section shall expire on July 1, 2015.

(Added Coun. J. 5-8-13, p. 52138, § 1)

Editor's note – Coun. J. 11-16-11, p. 13798, Art. II, § 7, repealed a former § 7-28-445, which pertained to illegal dumping.