(A) For purposes of this section the following terms shall have the following meanings ascribed to them respectively.
LITTER.
Any discarded, used, or uncon-sumed substance or waste. The term 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, § 4-100), motor vehicle parts, furniture, oil, carcass of a dead animal, any object likely to injure a person or create a traffic hazard, potentially infectious medical waste as defined in ILCS Ch. 415, Act 5, § 3.360, or anything else of an unsightly or unsanitary nature, which has been discarded, abandoned, or otherwise disposed of improperly.
MOTOR VEHICLE. Has the meaning ascribed to that term in ILCS Ch. 625, Act 5, § 1-146.
(ILCS Ch. 415, Act 105, § 3)
(B) Dumping, deposit of litter prohibited; exemptions. No person shall dump, deposit, drop, throw, discard, leave, or 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 city, unless:
(1) The property has been designated, by the city or any of its agencies, political subdivisions, units of local government, or school districts, for the disposal of litter and the litter is disposed of on that property in accordance with the applicable rules and regulations of the 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; 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 such 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)
(C) Dumping, deposit from motor vehicle prohibited; deposit of garbage or refuse in receptacles along public highways. 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 divisions (B)(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, and deposit such material in, around, or on top of trash barrels or other receptacles placed along public highways or at a roadside rest area.
(ILCS Ch. 415, Act 105, § 5)
(D) Accumulation of litter prohibited. 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)
(E) Abandonment of motor vehicle; presumption. No person shall abandon a motor vehicle on any highway, on any public property, or on any private property of which he is not the owner or tenant in lawful possession in this city. The person to whom last was issued the Certificate of Title to the vehicle by the Secretary of State is presumed to be the person to have abandoned that vehicle, but such presumption may be rebutted.
(ILCS Ch. 415, Act 105, § 7)
(F) Presumption of violation by operator; throwing, deposit of litter from motor vehicle. Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle not carrying passengers for hire, the presumption is created that the operator of that motor vehicle has violated division (C), but that presumption may be rebutted.
(ILCS Ch. 415, Act 105, § 9)
(G) Place for public assemblage, transportation of business; placing and maintaining receptacles for litter.
(1) In order to assist the public in complying with this section, the owner or person in control of any property which is held out to the public in a place of assemblage for the transaction of business, recreation, or as a public way, shall cause to be placed and maintained receptacles for the deposit of litter, of sufficient volume and in sufficient numbers to meet the needs of the numbers of people customarily coming on or using the property.
(2) For purposes of this section,
PROPERTY HELD OUT TO THE PUBLIC FOR THE TRANSACTION OF BUSINESS includes, but is not limited to, commercially-operated parks, campgrounds, drive-in restaurants, automobile service stations, business parking lots, car washes, shopping centers, marinas, boat launching areas, industrial parking lots, boat moorage and fueling stations, piers, beaches and bathing areas, airports, roadside rest stops, drive-in movies, and shopping malls; and PROPERTY HELD OUT TO THE PUBLIC FOR ASSEMBLAGE, RECREATION, OR AS A PUBLIC WAY includes, but is not limited to, any property that is publicly owned or operated for any of the purposes stated in the definition in this paragraph for PROPERTY HELD OUT TO THE PUBLIC FOR THE TRANSACTION OF BUSINESS, but excludes state highway rights-of-way and rest areas located thereon.
(3) If no litter receptacles are placed on property described in this section, the owner or person in control of the property may be convicted of a petty offense, and fined not less than $10 nor more than $750 for violating this section. If the owner or person in control of such property has placed litter receptacles on his property, but the number or size of such receptacles has proved inadequate to meet the needs of the numbers of people coming on or using his property, as indicated by the condition and appearance of that property, and the owner or person in control has failed to provide sufficient or adequate receptacles within ten days after being made aware of that fact by written notice from the Chief of Police or mayor, he may be fined $25 for each receptacle not so provided and maintained.
(ILCS Ch. 415, Act 105, § 10)
(`79 Code, § 130.350)