Loading...
ARTICLE VIII. POLLUTION OF WATERS* (11-4-1410 et seq.)
* Editor's note – Coun. J. 9-4-02, p. 92754, § 1, amended the title of Art. VIII to read as herein set out and amended, renumbered, and repealed various provisions within this article. Prior to inclusion of this amendment, Art. VIII was entitled, "Harbor Pollution Control".
No person shall throw, discharge, dump, dispose or deposit, or cause, suffer, allow or procure to be thrown, discharged, disposed or deposited in Lake Michigan within three miles of the corporate limits or in any other waters within the corporate limits any waste or material of any kind unless such person has obtained (a) permits pursuant to the Clean Water Act from all applicable federal or state agencies and (b) all other necessary approvals and permits from federal, state and local regulator bodies or special districts.
(Prior code § 17-5.2; Amend Coun. J. 12-11-91, p. 10978; Amend Coun. J. 9-4-02, p. 92754, § 1)
No operator of any vessel, craft, floats or motorboat shall throw, discharge, dump, dispose or deposit into any waters any fuel, solid or liquid, or the contents of any ballast tank, bilge tank or other container capable of causing pollution of waters.
(Prior code § 17-5.4; Amend Coun. J. 9-4-02, p. 92754, § 1)
Editor's note – Former § 11-4-1430.
All vessels, crafts, floats and motorboats equipped with toilets, heads, urinals or capable of discharging galley wastes which have not been discharged through a grease trap or grease interceptor, or solid or liquid waste from shipboard hospital facilities, shall be equipped with a waste retention tank of approved type and capacity to store such waste material for subsequent disposal at a legally operating shoreside facility.
(Prior code § 17-5.5; Amend Coun. J. 9-4-02, p. 92754, § 1)
Editor's note – Former § 11-4-1440.
Every wharf, dock, pier, seawall, riverbank retaining wall, riverbank bulkhead, dolphin, boom, bulkhead, jetty mooring facility, piling, sheeting or other similar structure on or appurtenant to premises abutting on any waters which has disintegrated, rotted, deteriorated or is otherwise out of repair, or is in unsanitary condition, or in an unsafe or dangerous condition, or which in any manner endangers the health or safety of any person or persons or which in any manner endangers navigation is hereby declared to be a public nuisance.
(Prior code § 17-5.7; Amend Coun. J. 9-4-02, p. 92754, § 1)
Editor's note – Former § 11-4-1460.
No person being a manufacturer of gas, or engaged about the manufacture thereof, shall throw, deposit or allow to run, or permit to be thrown or deposited into any waters, or into any sewer therewith connected, any gas-tar or any refuse matter of or from any gashouse, works or manufactory.
(Prior code § 17-5.9; Amend Coun. J. 9-4-02, p. 92754, § 1)
Editor's note – Former § 11-4-1480.
(a) (1) Violations of Section 11-4-1410, 11-4-1420 or 11-4-1450 shall be punished by a penalty of not less than $1,500.00 and not more than $2,500.00 for the first offense, not less than $2,500.00 nor more than $4,000.00 for the second offense, and not less than $4,000.00 nor more than $10,000.00 for each third and subsequent offense, or may be imprisoned for not more than six months, or may be ordered to perform up to 200 hours of community service, or any combination thereof. Each day that the violation continues shall be deemed a separate offense.
(2) Violations of Section 11-4-1430 or 11-4-1440 shall be punished by a penalty of $1,000.00 to $2,000.00 for the first offense, $2,000.00 to $4,000.00 for the second offense, and $4,000.00 to $10,000.00 for each third and subsequent offense. Each day that the violation continues shall be deemed a separate offense.
(b) In addition to any other penalties imposed under this section the registered owner of record of any vehicle who knew or should have known that his or her vehicle was used in violation of Section 11-4-1410 shall be jointly and severally liable with any person operating or in control of the vehicle at the time of the violation.
(c) In addition to any other penalties imposed under this section, the commissioner shall have the authority to issue an emergency or a non-emergency cessation order in accordance with the provisions of Section 11-4-025 of this Code to stop any person from proceeding with any activity regulated under Sections 11-4-1410 through 11-4-1450 when the commissioner has reason to believe that such activity either is proceeding in violation of any provision under those sections or is otherwise in contravention of the public interest.
(d) (1) Emergency abatement. In the event that the commissioner determines that any activity in violation of Section 11-4-1410, 11-4-1420, 11-4-1440 or 11-4-1450 has created, or is creating, an imminent and substantial risk to the public health or safety or to the environment, then the commissioner may issue an emergency abatement order or may abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code.
(2) Non-emergency abatement. In the event that the commissioner determines that any activity in violation of Section 11-4-1410, 11-4-1420, 11-4-1440 or 11-4-1450 has not created, or is not creating, an imminent and substantial risk to the public health or safety or to the environment, the commissioner may provide the owner of the vehicle, the operator of the vehicle or any other person involved in the performance of the subject activity with written notice to abate the nuisance within a time frame prescribed by the commissioner. In the event that any person fails to abate such nuisance in accordance with the commissioner's notice to abate, the commissioner may proceed to control, remove, dispose or otherwise abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code.
(3) In addition any other penalties imposed in this subsection (a), the city shall be entitled to recover a penalty or cost as provided in Section 11-4-025 of this Code.
(f) (1) In addition to any other penalty imposed in this section, the owner of record of any motor vehicle used in violation of Section 11-4-1410 shall be liable to the City for an administrative penalty of $500.00 plus any applicable towing and storage fees. Any such vehicle shall be subject to seizure and impoundment pursuant to this section.
(2) Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the City or its agent. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle at the time of the alleged violation or any person who is found to be in control of the vehicle at the time of the alleged violation, if there is such person, of the fact of the seizure and of the vehicle owner's right to request a preliminary hearing to be conducted under Section 2-14-132 of this Code by serving such person with a copy of the vehicle impoundment seizure report.
(3) Section 2-14-132 shall apply whenever a motor vehicle is seized and impounded pursuant to this section.
(Added Coun. J. 9-4-02, p. 92754, § 1; Amend Coun. J. 11-3-04, p. 34974, § 3; Amend Coun. J. 12-7-05, p. 64870, § 1.8; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 7-22-20, p. 18957, § 8)
ARTICLE IX. SOLID AND LIQUID WASTE CONTROL (11-4-1490 et seq.)
Loading...