Ordinance 2016-51 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2016-51
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, AMENDING THE YORKVILLE CITY CODE AS IT RELATES TO LITTERING
Passed by the City Council of the
United City of Yorkville, Kendall County,Illinois
This 13"'day of September, 2016
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on September 21,2016.
Ordinance No. 2016--51
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, AMENDING THE YORKVILLE CITY CODE AS IT RELATES TO
LITTERING
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, the Illinois General Assembly has enacted the Litter Control Act, 415 ILCS
105/1 et seq.,to provide for the uniform prohibition of any and all littering on public or private
property so as to protect the health, safety and welfare of the people; and,
WHEREAS, the Mayor and City Council desire to amend the Yorkville City Code by
setting forth regulations pertaining the prevention of litter within the City limits.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That Title 4, Chapter 1 of the Yorkville City Code is hereby amended by
deleting Section 4-1-2 in its entirety and inserting in lieu thereof the following:
4-1-2: LITTERING:
A. As used in this Section,unless context otherwise requires:
1. "Litter" means any discarded, used or unconsumed substance or waste. "Litter"
may include,but is not limited to, any garbage, trash,refuse, cigarettes, debris,
rubbish, grass clippings or other lawn or garden waste, newspaper, magazines,
glass, metal, plastic or paper containers or other packaging construction material,
abandoned vehicle(as defined in the Illinois Vehicle Code), motor vehicle parts,
furniture, oil, carcass of a dead animal, any nauseous or offensive matter of any
kind, any object likely to injure any person or create a traffic hazard, potentially
infectious medical waste as defined in Section 3.360 of the Environmental
Protection Act, or anything else of an unsightly or unsanitary nature, which has
been discarded, abandoned or otherwise disposed of improperly.
2. "Motor Vehicle"has the meaning ascribed to that term in Section 1-146 of the
Illinois Vehicle Code.
3. "Person"means any individual, partnership, copartnership, firm, company,
corporation, association,joint stock company, trust, estate, or any other legal
entity, or their legal representative, agent or assigns.
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B. It shall be unlawful for any person to 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 the 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 State of Illinois or any of its agencies,
political subdivisions, units of local government or school districts for the
disposal of litter, and the litter is disposed of on that property in accordance with
the applicable rules and regulations of the 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 such litter,
including,but not limited to, potentially infectious medical waste as defined in
Section 3.360 of the Environmental Protection Act, when the emergency situation
no longer exists.
C. It shall be unlawful for any person to dump, deposit, drop, throw, discard or otherwise
dispose of litter from any motor vehicle upon any public highway,upon any public or
private property or upon or into any river, lake, pond, stream or body of water in this City
except as permitted under any of paragraphs (1)through (5) of Section 4-1-213 above.
Nor shall any person transport by any means garbage or refuse from any dwelling,
residence,place of business, farm or other site to and deposit such material in, around or
on top of trash barrels or other receptacles placed along public highways or at roadside
rest areas.
D. It shall be unlawful for any person to allow litter to accumulate upon real property, of
which the person charged is the owner or tenant in control, in such a manner as to
constitute a public nuisance or in such a manner that the litter may be blown or otherwise
carried by the natural elements on to the real property of another person.
E. It shall be unlawful for any person to abandon a motor vehicle on any highway, on any
public property or on any private property of which he is not the owner or tenant in
lawful possession in this City. The person to whom last was issued the certificate of title
to the vehicle by the Secretary of State is presumed to be the person to have abandoned
that vehicle,but such presumption may be rebutted.
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F. Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle not
carrying passengers for hire, the presumption is created that the operator of that motor
vehicle has violated Section 4-1-2C above,but that presumption may be rebutted.
G. In order to assist the public in complying with this Section 4-1-2, the owner or person
in control of any property which is held out to the public as a place for assemblage, the
transaction of business, recreation or as a public way shall cause to be placed and
maintained receptacles for the deposit of litter, of sufficient volume and in sufficient
numbers to meet the needs of the numbers of people customarily coming on or using the
property.
For purposes of this Section, "property held out to the public for the transaction of
business" includes,but is not limited to, commercially-operated parks, campgrounds,
drive-in restaurants, automobile service stations,business parking lots, car washes,
shopping centers,marinas,boat launching areas, industrial parking lots,boat moorage
and fueling stations, piers,beaches and bathing areas, airports, roadside rest stops, drive-
in movies, and shopping malls; and "property held out to the public for assemblage,
recreation or as a public way" includes,but is not limited to, any property that is publicly
owned or operated for any of the purposes stated in the definition in this paragraph for
"property held out to the public for the transaction of business"but excludes State
highway rights-of-way and rest areas located thereon.
Section 2. That Title 4, Chapter 1 of the Yorkville City Code is hereby amended by
deleting Section 4-1-3 in its entirety.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval,
and publication as provided by law.
Passed by the City Council of the//United City of Yorkville, Kendall County, Illinois this
day of e �em L0 /l' ' 2016.
l l
CITY CLERK
CARLO COLOSIMO KEN KOCH Y
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER JOEL FRIEDERS
DIANE TEELING SEAVER TARULIS
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Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
o�0 dayof (SfPfEM4r--12 , 2016.
...'&JM/j'-
MA OR
Attest:
6
City Clerk
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