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LITTER
LITTER. Any discarded, used, or unconsumed substance or waste. LITTER may include, but is not limited to, any garbage, trash, refuse, cigarettes, debris, rubbish, grass clippings, or other lawn or garden waste; newspaper, magazines, glass, metal, plastic or paper containers, or other packaging construction material, abandoned vehicle, as defined in ILCS Ch. 625, Act 5, §§ 1-100 et seq., motor vehicle parts, furniture, oil, carcass of a dead animal, any nauseous or offensive matter of any kind; any object likely to injure any person or create a traffic hazard, potentially infectious medical waste as defined in ILCS Ch. 415, Act 5, § 3.360 of the Environmental Protection Act; or anything else of an unsightly or unsanitary nature, which has been discarded, abandoned, or otherwise disposed of improperly. (ILCS Ch. 415, Act 105, § 3(a))
MOTOR VEHICLE. As defined in Chapter 70 of this Code of Ordinances.
(A) No person shall dump, deposit, drop, throw, discard, leave, cause, or permit the dumping, depositing, dropping, throwing, discarding, or leaving of litter upon any public or private property in this city, or upon or into any river, lake, pond, or other stream or body of water in this village unless:
(1) The property has been designated by the city or any of its agencies for the disposal of litter, and the litter is disposed of on that property in accordance with the applicable rules and regulations of the state Pollution Control Board;
(2) The litter is placed into a receptacle or other container intended by the owner or tenant in lawful possession of that property for the deposit of litter;
(3) The person is the owner or tenant in lawful possession of the property or has first obtained the consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or tenant and does not create a public health or safety hazard, a public nuisance, or a fire hazard;
(4) The person is acting under the direction of proper public officials during special cleanup days; and/or
(5) The person is lawfully acting in or reacting to an emergency situation where health and safety is threatened, and removes and properly disposes of any litter, including but not limited to potentially infectious medical waste as defined in ILCS Ch. 415, Act 5, § 3.360, when the emergency situation no longer exists.
(ILCS Ch. 415, Act 105, § 4)
(B) (1) Any person convicted of a violation of this section is guilty of a Class B misdemeanor. A second conviction for an offense committed after the first conviction is a Class A misdemeanor. A third or subsequent violation, committed after a second conviction is a Class 4 felony to be prosecuted under appropriate state law.
(2) An individual convicted of violating this section by disposing of litter upon a public highway may, in addition to any other penalty, be required to maintain litter control for 30 days over a designated portion of that highway, including, at the discretion of the agency having jurisdiction over the section of highway in question, at the site where the offense occurred, as provided in ILCS Ch. 605, Act 120, § 50.
(ILCS Ch. 415, Act 105, § 8(a), (d))
(A) No person shall dump, deposit, drop, throw, discard, or otherwise dispose of litter from any motor vehicle upon any public highway, upon any public or private property or upon or into any river,
lake, pond, stream, or body of water in this city except as permitted under § 136.02 (A)(1) through (5). Nor shall any person transport, by any means, garbage or refuse from any dwelling, residence, place of business, farm, or other site to and deposit the material in, around, or on top of trash barrels or other receptacles placed along public highways or at roadside rest areas. (ILCS Ch. 415, Act 105, § 5)
(B) (1) Any person convicted of a violation of this section is guilty of a Class B misdemeanor. A second conviction for an offense committed after the first conviction is a Class A misdemeanor. A third or subsequent violation, committed after a second conviction is a Class 4 felony to be prosecuted under appropriate state law.
(2) An individual convicted of violating this section by disposing of litter upon a public highway may, in addition to any other penalty, be required to maintain litter control for 30 days over a designated portion of that highway, including, at the discretion of the agency having jurisdiction over the section of highway in question, at the site where the offense occurred, as provided in ILCS Ch. 605, Act 120, § 50.
(3) A mandatory minimum fine of $50 must be imposed against any person who is convicted of violating this section.
(ILCS Ch. 415, Act 105, § 8(a), (d), (e))
(A) No person shall allow litter to accumulate upon real property, of which the person charged is the owner or tenant in control, in such a manner as to constitute a public nuisance or in such a manner that the litter may be blown or otherwise carried by the natural elements on to the real property of another person.
(ILCS Ch. 415, Act 105, § 6)
(B) (1) Any person convicted of a violation of this section shall be fined not less than $10 nor more than $750.
(2) An individual convicted of violating this section by disposing of litter upon a public highway may, in addition to any other penalty, be required to maintain litter control for 30 days over a designated portion of that highway, including, at the discretion of the agency having jurisdiction over the section of highway in question, at the site where the offense occurred, as provided in ILCS Ch. 605, Act 120, § 50.
(ILCS Ch. 415, Act 105, § 8(a), (d))
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