(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LANDSCAPE WASTE. Trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, and yard trimmings.
PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
REFUSE. All putrescible and nonputrescible solid wastes, except body wastes, including garbage, ashes, street cleanings, dead animals and solid market and industrial wastes.
RUBBISH. Nonputrescible solid wastes con- sisting of combustible wastes, such as paper, card- board, yard clippings, wood and similar materials.
(B) Burning garbage or rubbish. It shall be unlawful for any person to burn any garbage, refuse, or rubbish at any time within the city limits unless they have acquired a permit from the Illinois Environmental Protection Agency pursuant to its rules, as amended from time to time, allowing such burning and have also notified the Fire Department at least 48 hours in advance. It shall further be unlawful for any person to burn any landscape waste after 6:00 p.m. and before 6:00 a.m. of any day. Any fire which has been commenced after 6 a.m. of any day and prior to 6:00 p.m. of that day shall be extinguished by 6:00 of the same day.
(C) Open burning. It shall be unlawful for any person to make or assist in making any bonfire in or upon any public place or street within the city.
(D) Throwing, scattering garbage. It shall be unlawful for any person to throw or permit to be deposited or scattered upon any sidewalk, alley, street, bridge, public passageway or any private property, any garbage, refuse or rubbish. Any person owning, occupying, renting or using any building, dwelling or structure within the limits of the city shall provide use and maintain in good order and repair garbage, refuse, and rubbish receptacles of a sufficient number to contain the garbage, refuse, and rubbish that accumulate upon such premises.
(E) Duty of removal. It shall be the duty of every person to have all garbage, refuse, and rubbish removed from any premises owned, occupied, rented or used by such person at least once a week.
(F) Dead animals, feces, etc. Dead animals, feces, materials impregnated with urine, poisons, explosives, dangerous or corrosive chemicals, clothing taken from persons with infectious diseases, heavy metals or metal parts, lumber, dirt, rocks, bricks, concrete blocks, tires, crates, or remains from construction or remodeling shall not be placed in containers used for garbage, refuse, or rubbish.
(G) Violation deemed nuisance. In addition to the fines hereinafter imposed, any continued violation of this section shall be deemed a nuisance and may be abated by legal action.
(H) Prima facie evidence. The fact that garbage, refuse, or rubbish remains on any occupied premises in the city in violation of this section shall be prima facie evidence that the occupant of such premises is responsible for the occurrence of the violation.
(I) No-Burn order. The Fire Chief of the city is hereby authorized to determine in his or her sole and sound discretion the necessity of a “No-Burn” order and to issue a “No-Burn” order to prohibit the use of fire by the general public within the city when conditions so require. The Fire Chief shall provide notice of the issuance of such “No-Burn” order by posting copies of the same in convenient locations throughout the city and by requesting that local radio and television stations broadcast notice thereof. All “No-Burn” orders issued by the Fire Chief of the city shall remain in full force and effect until rescinded by the Fire Chief. Any person who violates a “No-Burn” order after receiving written warning thereof shall be fined not less than $75, nor more than $750 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. O-96-35, passed 12-23-96; Am. Ord. O-10-09, passed 12-13-10)