(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 city 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; 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.
(B) Any person convicted of a violation of this section is guilty of a petty offense and shall be fined not less than $50 nor more than $500.
(1) In addition to any fine imposed under this section, the court may order that the person convicted of a violation remove and properly dispose of the litter, may employ special bailiffs to supervise removal and disposal, and may tax the costs of supervision as costs against the person so convicted.
(2) The penalties prescribed in this section are in addition to, and not in lieu of, any penalties, rights, remedies, duties, or liabilities otherwise imposed or conferred by law.
(3) 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, the site where the offense occurred, as provided in Section 50 of the Illinois Adopt-A-Highway Act.
(ILCS Ch. 415, Act 105, §§ 4, 8) (amend. Ord. 88-28, passed 5-3-88)