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Village of Bannockburn, IL
Lake County
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Table of Contents
Table of Contents
Code
New Laws (17) Index
[Adopted 3-10-1980 by Ord. No. 80-01]
Unless otherwise expressly stated, the following words and terms shall, for the purposes of this article, have the meanings indicated in this section:
GARBAGE
Any rejected or waste household food, offal, swill or carrion and every accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in, or storage of, meats, fish, fowl, fruits or vegetables and any other matter of any nature which is subject to decay, putrefaction and the generation of noxious or offensive gases or odor, or which, during or after decay, may serve as breeding or feeding material for rodents, flies or other germ-carrying animals or insects.
PREMISES
Any house or other dwelling place (the aforementioned also being referred to as "residential premises"); and shall also mean any commercial or industrial establishment, hotel or motel, church, school, hospital, club building or meeting hall (such establishments also being referred to collectively as "nonresidential premises").
REFUSE
All discarded household furniture, furnishings, fixtures, appliances of all kinds, trees, tree branches, tree trunks, brush, shrubs, grass clippings, plant stalks, leaves, building material, sod, dirt and concrete.
RUBBISH
Any and all of the following: ashes, tin cans, bottles, cartons, books, newspapers, boxes and other similar items of small household or business trash other than garbage.
WASTE
Garbage, refuse or rubbish or any combination thereof.
WASTE DISPOSAL CONTRACTOR
A contractor with whom the Village of Bannockburn has contracted for the removal of waste from all premises in the Village.
[Amended 5-22-2017 by Ord. No. 2017-12]
The Roads and Rights-of-Way Commissioner shall be in charge of and responsible for the administration and enforcement of the provisions of this article, unless the Village President shall have designated some other officer to do so. All matters relating to or affecting the accumulation, collection, removal or disposal of waste shall be subject to and under the supervision of the Roads and Rights-of-Way Commissioner unless specifically otherwise assigned.
The use or occupancy of any premises shall be prima facie evidence that waste is being produced and accumulated on such premises. No person, firm or corporation shall permit any waste to accumulate on his, her or its premises except in covered waste containers, except as otherwise hereinafter provided. Every person, firm or corporation in possession of any premises in the Village of Bannockburn shall be required to have all accumulations of waste disposed of regularly.
Every person, firm or corporation in possession of any premises in the Village shall provide a sufficient number of waste containers for the accumulation of normal waste. Every such waste container shall be a covered can or container of galvanized iron or other noncorrodible metal or material which is rodent- and flyproof, durable and leakproof, of the type commonly sold as a garbage can or container, of a suitable gauge and construction to ensure durability, with suitable handles on both the container and the lid and of a capacity of not less than 10 gallons and not more than 30 gallons, except that such containers for use by nonresidential premises may be of any size approved by a waste disposal contractor.
[Amended 5-22-2017 by Ord. No. 2017-12]
All waste containers shall be maintained in good order and repair and in the condition required by § 190-4 of this article. Filthy, leaking or defective receptacles shall be cleaned, repaired or replaced by the owner or occupant of the premises, and at his or her expense, as directed by the Roads and Rights-of-Way Commissioner. All containers shall be disinfected with an effective antiseptic solution as often as is necessary to maintain them in a sanitary condition.
A. 
It shall be the duty of every person, firm or corporation in possession of any premises to cause all garbage and rubbish brought on or produced on the premises to be thoroughly drained of all surplus liquid, securely wrapped or bagged in paper or plastic or packed in a covered box or carton of such dimensions as will permit of its free passage into and out of the waste container, and finally deposited, after such wrapping, bagging or packing, in a waste container as herein required as soon as practicable after the same is produced or brought therein or thereon. Except when placed in a different location for collection pursuant to § 190-7 of this article, waste containers used for the storage of garbage and rubbish as herein required shall be located so as not to be visible from any public or private street or in any other location so as to cause a public or private nuisance or danger.
B. 
All refuse of a size or nature which renders it unsuitable for deposit in the waste containers herein required shall be securely wrapped, bagged or bound in such manner as may be necessary to prevent scattering and to permit easy handling and shall be placed on the ground adjacent to the aforesaid waste containers in neat and orderly bundles not to exceed 50 pounds in weight or one foot six inches in height and width by four feet in length, except as otherwise provided herein.
It shall be the duty of every person, firm or corporation in possession of any premises in the Village of Bannockburn to place all waste containers and refuse at a location that may be conveniently and economically serviced on all days designated for the collection of waste from such premises. In no event, however, shall any waste container be placed for collection in front of the principal building on the lot, on or dangerously close to any public or private street or in any other location so as to cause a public or private nuisance or danger. In no event shall any waste container placed for collection pursuant to this section be visible from any public or private street for more than 12 hours before or after the scheduled time of collection by the waste disposal contractor.
A. 
Waste disposal contractor. All garbage, waste and refuse shall be collected and disposed of by a waste disposal contractor duly licensed by the Village of Bannockburn, and shall not be collected or disposed of in any other manner or by any other person, except that building and other construction contractors may remove refuse resulting from the performance of work done by such contractor within the Village of Bannockburn.
B. 
Frequency of collection. Waste containers shall be emptied and all waste removed from each premises within the Village at least once each seven days, or more frequently if determined necessary by the Roads and Rights-of-Way Commissioner.
[Amended 5-22-2017 by Ord. No. 2017-12]
C. 
Regular collection from residential premises. Regular collection from all residential premises shall consist of all garbage and rubbish, and all grass clippings, vegetation trimmings and leaves from normal yard maintenance, which items, regardless of amount, shall be removed by the waste disposal contractor for charges determined in accordance with § 190-11 of this article.
D. 
Special service for residential premises. Refuse, other than as specified in Subsection C hereof, shall be collected by the waste disposal contractor, but for an additional charge determined in accordance with § 190-11 of this article. The person, firm or corporation in possession of any premises at which any refuse shall have accumulated shall immediately make a request for special service from the waste disposal contractor, and said waste disposal contractor shall collect such refuse within two business days of such request. Refuse shall be picked up at such location to which access may be had by a scavenger vehicle as may be designated by the person, firm or corporation making said special request.
E. 
Regular collection from nonresidential premises. Regular collection from nonresidential premises shall consist of all waste, regardless of amount, and the charge for such collection shall be on the basis of rates determined in accordance with § 190-11 of this article.
[Amended 5-22-2017 by Ord. No. 2017-12]
A. 
Anything in this article to the contrary notwithstanding, the Roads and Rights-of-Way Commissioner may, pursuant to the authority conferred by 65 ILCS 5/11-20-13, make special arrangements for the removal of waste from private property located within the Village limits in the event that the owner of such property (the "affected property"), after reasonable notice, refuses or neglects to have accumulations of waste removed, and may collect from the owner the cost of such removal. Removal of waste in accordance with this section shall be by either the waste disposal contractor or such other scavenger as may be authorized to accomplish such removal in accordance with § 190-13 hereof. The Roads and Rights-of-Way Commissioner shall, within 60 days after the cost of such removal is incurred, file a notice of lien in the office of the Recorder of Deeds of Lake County, Illinois, which notice shall consist of a sworn statement setting out 1) a description of the affected property sufficient for identification thereof, 2) the amount of money representing the cost of removing said waste from the affected property, and 3) the date or dates when such cost was incurred.
B. 
The cost of removal shall thereafter be a lien upon the affected property, superior to all subsequent liens and encumbrances, except tax liens; provided, however, that such lien shall not be valid as to any purchaser whose rights in and to the affected property have arisen subsequent to the removal of waste pursuant to this section and prior to the filing of notice as hereinabove provided for; and provided further that such lien shall not be valid as to any mortgagee, judgment creditor or other lienor whose rights in and to the affected property arise prior to the filing of such notice.
C. 
Upon payment of the cost of removal by the owner of or persons interested in the affected property after a notice of lien has been filed, the lien shall be released by the Roads and Rights-of-Way Commissioner and the release shall be filed of record in the same manner as the notice of lien was filed.
D. 
The lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanics liens. Suit to foreclose a lien that arises pursuant to this section shall be commenced within two years after the date of filing the notice of lien.[1]
[1]
Editor's Note: Original Sec. 10, License for private waste disposal, and Sec. 11, Village contracts for waste disposal, of Ord. No. 80-01, which immediately followed this section, were repealed 5-22-2017 by Ord. No. 2017-12.
A. 
Vehicles. No garbage, refuse or rubbish shall be transported over the streets or other public ways of the Village of Bannockburn except in vehicles approved by the Roads and Rights-of-Way Commissioner and meeting all standards of the Lake County Health Department. All scavenger vehicles shall be cleaned and disinfected when not in use. Any laxity on the part of the driver or owner in keeping said vehicle clean will be considered a violation of this article.
[Amended 5-22-2017 by Ord. No. 2017-12]
B. 
Parking. It shall be unlawful for any scavenger vehicle without necessity to park before any premises, for any unreasonable length of time in loading or unloading or in passing along any public or private street. It shall be unlawful for any scavenger vehicle to remain parked anywhere within the Village limits when not in use, but said vehicles may be stored or kept, when not in use, in a tightly constructed and closed building or shed within the Village, provided such building or structure shall conform with all Bannockburn zoning requirements.[1]
[1]
Editor's Note: See Ch. 260, Zoning.
C. 
Depositing, dumping or burying of waste.
(1) 
General prohibition.
(a) 
No waste shall be emptied into or removed from any vehicle, can or receptacle and deposited into any other can or receptacle upon any public or private street or any public place within the Village limits or within 1/2 mile thereof.
(b) 
No waste shall be dumped, buried, emptied, deposited, left, stored, accumulated or otherwise placed by any person or upon any premises whatsoever, either public or private, within the Village limits of the Village of Bannockburn or within 1/2 mile thereof except upon the premises whereupon said waste first originates and accumulates and except as hereinafter provided.
(2) 
Ashes or cinders for filling. Clean, damp ashes or cinders may be used for filling purposes upon public or private property within the Village of Bannockburn Village limits and 1/2 mile therefrom, only when a written permit therefor shall have been issued by the owner of the property upon which the same may be filled, which consent shall be filed in the office of the Village Clerk and the consent of the Village Clerk thereto endorsed thereon or filed therewith.
D. 
Sundays and holidays. It shall be unlawful for any scavenger vehicle to be driven through or over any Village street, unless specifically authorized by the Roads and Rights-of-Way Commissioner, on a Sunday or any of the following legal holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day.
[Amended 5-22-2017 by Ord. No. 2017-12]
E. 
Hours of operation. No residential pick-ups shall begin before 8:00 a.m. The 8:00 a.m. hour shall also prevail with regard to nonresidential pick-ups in areas next to or adjacent to residentially zoned property where the noise from such activity is discernible at the lot line of such residentially zoned property.
F. 
Clean-up. The waste disposal contractor shall immediately cause to be cleaned up in a neat and workmanlike manner any waste or refuse that may have been spilled on any public or private property.
G. 
Damaged containers. The waste disposal contractor shall replace, at his or her own expense, any waste containers which may be seriously damaged by the carelessness of his or her employees.
A. 
Fees shall be established by contract for the following classes of service:
(1) 
Regular collection, residential;
(2) 
Special service, residential;
(3) 
Regular collection, nonresidential; and
(4) 
Commercial food establishments.
B. 
A schedule of established fees shall be filed in the office of the Village Clerk and shall remain open to public inspection.
All charges shall be billed by the waste disposal contractor to the person, firm or corporation in whose name the waste disposal account then appears. The waste disposal contractor shall be responsible for billing and collecting all charges for services, and shall keep an accurate record of all the premises he or she serves, including the address and amounts collected from each. The waste disposal contractor shall assume any and all delinquent accounts.
[Amended 5-22-2017 by Ord. No. 2017-12]
Anything in this article to the contrary notwithstanding, the Roads and Rights-of-Way Commissioner may authorize any person or firm to make special collections of waste in the Village, on an individual contract basis for a single or limited number of collections, when he or she shall determine that such person or firm is a responsible scavenger and that special circumstances make it unreasonable or inconvenient for such collection to be made by a waste disposal contractor licensed by the Village.
[Amended 5-22-2017 by Ord. No. 2017-12]
Any person, firm or corporation who or which shall violate any of the provisions of this article shall be subject to a penalty as set forth in Chapter 1, Article II, of the Village Code.