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 J. 11-3-04, p. 34974, § 2, repealed § 7-28-410, which pertained to dropping refuse from vehicle.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.

7-28-450 Unremoved motor vehicles, ashes, refuse, waste, debris and other materials – Owner responsible for removal – Nuisance – Violation – Penalty.

   a.   Lot in ill-maintained condition — Unremoved ashes, refuse, waste or other debris. Except as otherwise provided in Section 7-28-720, the owner, as defined in Section 7-28-005, of any business or residence or lot or tax parcel of real estate, whether improved or unimproved, vacant or occupied, shall remove or cause to be removed from such property any abandoned or derelict motor vehicle as defined in Section 9-80-110 ; garbage; ashes; refuse; trash; rubbish; waste; manure; or other substance or material that may contain disease or germs, or be scattered by the wind, or decompose, or become noxious or unhealthful or otherwise threaten the public health, safety or welfare. Unremoved material of such nature is hereby declared to be a public nuisance. Any owner or other person found in violation of this section shall be punished by a fine of not less than $750.00 nor more than $5,000.00 for each offense. Each day such violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.

   Provided, however, that the requirements of this subsection shall not apply to governmental entities or to persons upon whose property such material is permitted to accumulate pursuant to a valid and properly issued license or permit or if allowed under provisions of the Zoning Code governing special uses in general and heavy manufacturing districts.

      b.   Unremoved material or debris under railroad tracks. The owner, as defined in Section 7-28-005, of any railroad track which lies upon any overpass, bridge, trestle, viaduct, tunnel or other elevated railroad passageway shall maintain the area immediately beneath the overpass, bridge, trestle, viaduct, tunnel or other elevated railroad passageway clear of any track materials, including any rail, ties or ballast, and any debris which has fallen to the ground from the track or elevated passageway structure, including any rocks, concrete, stone, wood or metal. Unremoved material or debris of such nature is hereby declared to be a public nuisance. Any person found in violation of this section shall be punished by a penalty of not less than $500.00 and not more than $1,000.00 for each offense. Each day on which such an offense shall continue shall constitute a separate and distinct offense. This subsection shall not apply to the Chicago Transit Authority.

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

(Prior code § 99-36.1; Amend Coun. J. 12-18-86, p. 38654; 3-9-88, p. 11146; 7-31-90, p. 19384; 12-11-91, p. 10978; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 1-12-00, p. 24174, § 1; Amend Coun. J. 11-3-04, p. 34974, § 2; Amend Coun. J. 7-19-07, p. 4396, § 1; Amend Coun. J. 7-28-10, p. 97912, § 5; Amend Coun. J. 10-11-17, p. 56894, § 1)

 

Notes

9-80-110

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.