For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Commercial handbill.” Any handbill which:
(1) Advertises anything for sale, or promotional gifts or prizes.
(2) Directs attention to any business or other activity for the purpose of either directly or indirectly promoting the interests thereof by sales or other means.
(3) Directs attention to or advertises any meeting, exhibition, theatrical or other performance or event of any kind for which an admission fee is charged; or
(4) While containing reading or pictorial matter other than advertising matter is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
“Construction sites.” Any private or public property upon which repairs to existing buildings, construction of new buildings, or demolition of existing structures is taking place.
“Elements.” Any force which with reasonable foreseeability could carry litter from one place to another.
“Handbill.” Any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other mail, except that handbill shall not include a newspaper.
“Litter.” Any uncontainerized manmade or man-used waste deposited within the city otherwise than in a litter receptacle. Litter may include, but is not limited to, any garbage, trash, refuse, confetti, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazine, glass, metal, plastic, or paper container or construction material, motor vehicle part, furniture, oil, carcass of a dead animal, or nauseous or offensive matter of any kind, or any object likely to injure any person or create a traffic hazard.
“Litter receptacles.” Any container which is designed to receive litter and to prevent the escape of litter deposited therein and which is of such size or sufficient capacity to hold all litter generated between collection periods.
“Litter receptacles.” Any container which is designed to receive litter and to prevent the escape of litter deposited therein and which is of such size or sufficient capacity to hold all litter generated between collection periods.
“Loading or unloading docks.” Any dock space or area used by any moving vehicle for the purpose of receiving, shipping, and transporting goods, wares, commodities, and persons.
“Newspaper.” Any newspaper of general circulation, as defined by law, any newspaper duly entered with the United States Postal Service in accordance with federal statute or regulation, and, in addition thereto, any periodical or current magazine regularly published with not less than four issues per year and sold or distributed to the public.
“Park.” A public or private park, reservation, playground, beach, recreation center, or any public or private area devoted to active or passive recreation, or any other area under the supervision of the department of parks and recreation.
“Parking lots.” Any private or public property with provisions for parking vehicles, to which the public is invited or which the public is permitted to use or which is visible from any public place or private premises.
“Private premises.” Any dwelling house, building, or other structure designed to be used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, mailbox, or other structure belonging or appurtenant to such dwelling house, building, or other structure.
“Public place.” Any and all streets, boulevards, avenues, lanes, alleys, or other public ways, and parks, squares, plazas, grounds, and buildings frequented by the general public, whether publicly or privately owned. (Ord. 865, passed 7-20-82)

(A) This chapter shall not be interpreted as repealing or relaxing any standards set by ordinance.
(B) This chapter shall not be deemed to repeal, amend, or modify any provision of this code or other city ordinance prohibiting, regulating, or licensing any person using the public streets or places for any private business or enterprise.

The provisions of this chapter shall not be deemed to apply to the distribution of mail by the United States, nor to the distribution of newspapers. (Ord. 865, passed 7-20-82)

Regulations set forth in this chapter shall be enforced by the department of public works and the police department. (Ord. 865, passed 7-20-82)

(A) The accumulation of litter on any private premises is hereby declared to be a nuisance. The director of public works or his designee shall abate each such nuisance at the expense of the owner or occupant of the premises in the manner provided by ordinance for abatement of environmental nuisances, if the owner or occupant fails after receiving notice in the time and manner provided by the ordinance on environmental nuisances to remove the litter or confine it in a container complying with this chapter. Payment of the expenses of abating the nuisance shall not relieve any person from paying the fine provided for violation of this chapter.
(B) When the owner of any private premises, after reasonable notice, refuses or neglects to remove such litter, then the city shall remove the same and collect from the owner of such private premises the reasonable costs thereof. In addition, the city or the person performing the service of removal by authority of the city, in its or his own name, may file notice of lien in the office of the county recorder of deeds. The notice of lien shall consist of a sworn statement setting out:
(1) A description of the real estate sufficient for identification thereof.
(2) The amount of money representing the cost or expense incurred or payable for the service.
(3) The date or dates when such cost or expense were incurred by the municipality. (Ord. 865, passed 7-20-82)

No person shall convey any material over any street or public way in a manner that causes or permits the litter to fall on a street or public way.
No person shall throw, deposit or permit to accumulate on any road or highway or in any public place any glass, bottles, nails, scrap metal, scrap wood, wire cans, litter or other substance or material.
No person shall deposit or permit to fall from any vehicle any garbage, refuse, mud, clay, soil, gravel, rock, stone, sand, litter or similar material on any road or highway or in any public place.
Any person who shall violate any provision of this section shall immediately remove or cause to be removed any such material or substance specified above from the road or highway or public place and shall immediately restore such road or highway or public place to a clean and safe condition at such person’s sole expense. Such removal or restoration shall not relieve such person from the penalties provided by Section 98.99. (Ord. 865, passed 7-20-82; Am. Ord. 1049, passed 1-17-89) Penalty, see Section 98.99

It shall be the duty of any person owning or controlling a house or other building or premises, including vacant lots visible from any public place or private premises, to maintain such premises in a reasonably litter free condition.
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 within the corporate limits of the city unless the same is placed in an approved litter receptacle. (Ord. 865, passed 7-20-82; Am. Ord. 1049, passed 1-17-89) Penalty, see Section 98.99

All litter that is subject to movement by the elements or by animals shall be secured by the owner of the premises where it is found before the same is removed by the elements or by animals to adjoining premises. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

Every owner or occupant or lessee of a house or building used for residence, business, or commercial purpose shall maintain litter collection and storage areas so that no litter is outside of containers. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

The owner or person in control of any place open to the public, including but not limited to restaurants, shopping centers, fast-food outlets, stores, hotels, motels, industrial establishments, office buildings, apartment buildings, housing projects, gas stations, and hospitals and clinics shall at all times keep the premises clean of all litter and shall take measures including daily cleanup of the premises to prevent litter from being carried by the elements or by animals to adjoining premises or to any street or other public place. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

The person, firm, company, or corporation owning, operating or in control of a loading or unloading dock shall at all times maintain the dock area free of litter in such a manner that litter will be prevented from being carried by the elements or by animals to adjoining premises. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

The property owners and the prime contractors in charge of any construction site shall maintain the construction site in such a manner that litter will be prevented from being carried by the elements or by animals to adjoining premises. All litter from construction activities or any related activities shall be picked up at the end of each workday and placed in containers which will prevent litter from being carried to adjoining premises. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

No person owning, occupying, or controlling any premises shall permit any litter to spread from the premises to an adjacent public sidewalk or public alley, and if any litter does spread to a public sidewalk or alley the owner, occupant, and person in control of the premises shall immediately clean up all such litter. The owner, occupant, and person in control shall each be responsible for complying with this section. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

It shall be unlawful for any person who is in control of any premises upon which is located or on whose behalf there is maintained any container of refuse, waste, or garbage which has been containerized in accordance with a contract for its removal to allow that refuse, waste, or garbage to remain uncollected beyond the date provided by the contract for its collection and removal, or to allow that container to remain unemptied for longer than 14 days, or after the refuse, waste, or garbage creates any condition which is offensive due to odor, attraction of vermin, or danger to health. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

It shall be unlawful for any person who has contracted to collect and remove refuse, waste, or garbage to allow that refuse, waste, or garbage to remain uncollected beyond the date provided by the contract for its collection and removal, or in any case to allow that container to remain unemptied for longer than 14 days, or in any case until after that refuse, waste, or garbage creates any condition which is offensive due to odor, attraction of vermin, or danger to health. If any contractor fails to comply with this section, the Director of Public Works may proceed at the contractor’s expense, after notice, in the manner provided in the ordinance on abatement of environmental nuisances. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

Litter receptacles shall comply in size, material, and all other characteristics with the specification or regulations made from time to time by ordinance for refuse containers. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

Litter receptacles located on publicly owned property shall be conspicuously identified and shall be free of commercial advertising. The name of a civic group furnishing a litter receptacle may be placed on the receptacle. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

(A) Every owner, occupant, tenant, or lessee using or occupying any public place shall provide adequate litter receptacles of sizes, numbers, and types as required to contain all litter generated by those persons frequenting that public place.
(B) Any parking lot shall be equipped with litter receptacles in compliance with this section. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

The owner or person in control of private premises shall maintain as many litter receptacles as necessary and in such a manner that litter will be prevented from being carried by the elements or by animals to adjoining premises. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

In the central business district and in such other areas as the street department may deem advisable, it may cause to be placed in convenient places litter receptacles, to be provided and serviced either by contract or by direct operation by the city. The street department may also cooperate with any merchants’ association or civic group by permitting the placing by the merchants’ association or civic group of litter receptacles in the same or in any other area of the city. (Ord. 865, passed 7-20-82)

(A) All litter shall be removed periodically from litter receptacles as necessary to comply with this chapter.
(B) Persons placing litter in litter receptacles shall do so in such manner as to prevent litter from being carried from the receptacles by the elements or by animals. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

No person shall cause the removal, upsetting, mutilation, defacing, or tampering with litter receptacles or cause the contents thereof to be spilled or to be strewn in or upon any public place or private premises. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

Litter receptacles shall not be placed in any location where they may obstruct vehicular traffic or unreasonably obstruct pedestrian traffic. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

No person shall throw, scatter, or cast any kind of handbill in or upon any public place within the city; provided, however, it shall not be unlawful for any person to hand out or distribute handbills in any public place to any person willing to accept such handbill. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

No person shall deposit, fasten, throw, scatter, or cast any handbill in or upon any vehicle. The provisions of this section shall not be deemed to prohibit the handing of any noncommercial handbill to the owner or other occupant of any vehicle who is willing to accept. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

(A) No person shall place any handbill in or upon any private premises which are vacant.
(B) No person shall place any handbill in or upon any private premises which are inhabited, except by handing or transmitting any such handbill directly to any other person then present in or upon the private premises. However, in case of inhabited private premises which are not posted against handbill distribution as provided in this chapter, any person, unless requested by someone upon such premises not to do so, may place or deposit any handbill in or upon the inhabited private premises, if the handbill is placed or deposited so as to prevent it from being carried by the elements about such premises or elsewhere. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

No person shall place any handbill upon any premises if requested by anyone thereon not to do so or if there is placed on the premises in a conspicuous position near the entrance thereof a sign bearing notice indicating that the occupants of said premises do not desire to have any such handbills left upon said premises. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

Any person distributing handbills shall maintain the area which he is utilizing free of any litter caused by said handbill distribution. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

It shall be unlawful for the owner, lessee, or occupant of any premises to permit any person, whether licensed or acting under the terms of this chapter or otherwise, to attach to any building structure or fixture located upon the premises or to deposit or keep upon, or to distribute from his premises, any poster or handbill containing any matter prohibited by the terms of this chapter or by state or federal law. (Ord. 865, passed 7-20-82) Penalty, see Section 98.99

(A) It is illegal under this section to possess any container made of glass or similar materials on the North or South Island Park property. It is also illegal to possess any container made of glass or similar material on any other public property adjoining the Kankakee River or any stream, creek, canal or flowing body of water in the city. It is also illegal to possess any container made of glass or similar material in any other park area or park property in the city.
(B) Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. (Ord. 1008, passed 5-19-87; Am. Ord. 1011, passed 6-2-87; Am. Ord. 1563, passed 7-15-03)

Prior history: Ord. 953.

Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. (Ord. 865, passed 7-20-82; Ord. 1574, passed 7-15-03)