It shall be the duty of every owner or occupant of any house,
building, flat or apartment in the City of Hometown where people reside,
board or lodge, or where animal or vegetable food is prepared or served,
at all times to maintain in good order and repair a container for
garbage, tin cans, bottles, ashes, and similar refuse. Each family
must provide, or be provided with, at least one such container.
The container for garbage or refuse shall be either metal or a polyethylene watertight container with a close-fitting cover (which must be covered at all times). All edible garbage or refuse shall be placed in said container. ("Edible garbage or refuse" is defined as that garbage or refuse which could be a food source for rodents.) Containers must have adequate capacity, but not to exceed 32 gallons, except that single-family and two-family duplex dwellings may use a polyethylene or similar material watertight container (not to exceed 90 gallons' capacity) with a close-fitting hinged cover, with wheels and handle for easy wheeling designed for use in an automated cart (mechanical lift) system, and with the further exception that multiple dwellings, as referred to in Chapter 22, Zoning, public buildings, and commercial establishments may use containers with a capacity exceeding 32 gallons. Bags constructed of plastic (minimum of 1.5 mil in thickness), securely tied at all times, may be used for nonedible refuse items such as papers, grass clippings, leaves, and so forth, except that during the hours of regular garbage pickup, edible garbage may be removed from said metal or polyethylene container and be in plastic bags for the purpose of pickup.
[Amended 6-28-2011 by Ord. No. 3-2011]
No garbage or refuse of any kind shall be deposited in any street,
public way or sidewalk, except as provided for in this section; and
no such refuse shall be so placed that it can be blown about, scattered
by the wind, or impede the progress of pedestrians on sidewalks. Containers
and refuse for pickup or collection may be placed in front of the
property on pickup days but shall not be put out before 4:00 p.m.
on the day prior to the day before such pickup. Removal of the empty
container from in front of the property must be accomplished on the
day of pickup. Containers used for the storage, collection and removal
of garbage or refuse other than at such pickup time shall be placed
behind the front of the house. All containers shall be placed on the
private property of the user.
It shall be unlawful for any person, firm, or corporation to
burn or bury any type of garbage or refuse within the corporate limits
of the City, except that upon application made to the City Council,
the Council may authorize a temporary permit to be granted to persons,
firms, or corporations wishing to burn refuse, when in the Council's
opinion such an operation will be conducted in such a manner as not
to endanger the health, safety and welfare of the public.
(A)
It shall be unlawful for any person to:
(1)
Mix landscape waste with any other waste;
(2)
Dump landscape waste on any property, except that landscape
waste may be spread or composted on the property from which it was
collected;
(3)
Place landscape waste in any container for collection unless
that type of container has been approved by the City;
(4)
Compost landscape waste within 50 feet of any residential structure
located on another property;
(5)
Burn any landscape waste;
(6)
Place landscape waste into a collection container of another
person;
(7)
Take any material which has been placed in a recycling bin or
container; or
(8)
Take any newspaper or paper set out for recycling collection.
(B)
For violations of Subsection A(1) through (8) above, such person shall be subject to a fine of not less than $10 nor more than $750 for each offense. Nothing in this subsection shall prevent the City from prosecuting for several violations of the same subsection on the same day or for each day of said violations, although the same may continue; and each of said violations shall be separate and distinct violations and subject to the penalties of this subsection.[1]
(D)
For the purpose of this section, "landscape waste" means accumulations
of grass or shrubbery cuttings, leaves, tree limbs and other materials
accumulated as a result of the care of lawns, shrubbery, vines and
trees. Landscape waste also includes Christmas trees.
[Added 5-4-2004 by Ord.
No. 7-2004]
Every occupant and owner of a single-family residential structure
and duplex shall provide and pay for weekly collection of garbage,
landscape waste and recyclables from a scavenger operating under a
franchise agreement with the City.
(A)
When any person has violated the terms of §§ 15.20, 15.21, 15.22, and 15.23 of this article, the officer making the arrest may issue a notice to appear at the police station of the City of Hometown within 48 hours after said arrest to pay the fines as provided therein. Every person issued a notification of such garbage and refuse violation, after consenting to a waiver of court hearing and trial, within 48 hours after said notification is issued, may pay the sums for the violation at the police station, Hometown, Illinois, in lieu of said person's appearance in court. Failure to pay the fine herein provided within 48 hours shall subject the person to whom the notification was given to an issuance of a warrant for his arrest, and the police officer issuing said notification shall swear out a complaint for the arrest.
(C)
For each and every offense thereafter, an additional sum of $50 shall
be paid; provided, however, that fines for the additional offenses
shall be assessable only if the violations have been committed within
the same calendar year. Any person who fails to appear after notification
thereof and for whom a complaint and warrant is issued shall pay the
fines provided in Subsection (B) of this section. If a second notice
to appear is issued, an additional sum of double the amount will be
added to the fines herein provided.[1]
