REFUSE (7-28-200 et seq.)

Municipal Code of Chicago tit. 7, ch. 7-28, art. II

in effect

Municipal Code of Chicago § 7-28-200 Definitions.

7-28-200 Definitions. For the purposes of this chapter the following words and terms shall be understood as having the following meanings: "Ashes" means all ashes of wood, coal and coke; the residue resulting from the combustion of any material or substance, soot, cinders, slag or charcoal. "Dwelling unit" has the meaning ascribed to that term in section 17-17-0248. "Garbage" means rejected organic matter, household food, cooking grease or kindred refuse, manure, swill or carrion. "Grease container" means any container used for the storage, collection or removal of cooking grease or kindred refuse. "Junk" means old iron, chain, brass, copper, tin, lead or other base metals, old rope, old bags, rags, wastepaper, paper clippings, scraps of woolens, clips, bagging, rubber and glass, and empty bottles of different kinds and sizes when the number of each kind of size is less than one gross, and all articles and things discarded or no longer used as a manufactured article composed of, or consisting of, any one or more of the materials or articles herein mentioned. Junk includes items and materials stored for resale with no more processing than sorting, crushing or separation from other items and materials. "Litter" includes but is not limited to the following: (a) picnic or eating utensils, such as paper plates, cups, napkins, towels, plastic utensils, metal foil, cellophane, wax paper, paper bags or any food wrappings; (b) liquid or beverage containers such as beer, soft-drink and juice cans, beer, soft-drink, liquor and wine bottles, and milk or juice cartons; (c) tobacco and confection wrappers, such as cigarette packages, candy, ice cream, Popsicle, gum or any other type of dessert or confection wrapping or container; (d) food wastes, such as fruit or vegetable peelings, pulp, rinds, leftovers or any other type of table wastes; (e) newspapers, books, placards, handbills, pamphlets, circulars, notices or papers of any type; (f) or any other type of rubbish, garbage, refuse matter, article, thing or substance such as discarded clothing, boxes, dust, manure or ashes. "Litter basket" means any container suitable for the storage and collection of litter on the public way or private parking lot properties. "Manure" means the excrement of all domestic animals and fowl, stable bedding, and all hay, straw, shavings, grass and weeds, or leaves which have been used for stable or fowlhouse bedding. "Multiple dwelling" means a building that contains 2 or more dwelling units. "Occupational unit" means a property or part of a property designed, intended, or used for any business purpose other than a single dwelling or multiple dwelling. "Retail establishment" means each separate store location, whether or not affiliated with any other store location, where goods or services are offered for sale to the consuming public. "Refuse" means all garbage, junk, ashes, and all other rejected matter, rubbish, and dust. "Single dwelling" means a building that contains no more than one dwelling unit. "Unified statement of charges" has the same definition ascribed to that term in section 11-12-010, (Prior code § 99-14; Amend Coun. J. 4-15-95, p. 67576; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 5-2-01, p. 57399, § 1; Amend Coun. J. 10-28-15, p. 12062, Art. IX, § 2; Amend Coun. J. 2-10-16, p. 18540, § 1)

Municipal Code of Chicago § 7-28-210 Refuse containers.

7-28-210 Refuse containers. (a) Standard refuse container. The standard refuse container required by this chapter shall be a receptacle of impervious material and sturdy construction, with a tight fitting cover, and shall be provided by the department of streets and sanitation. (b) Commercial refuse container. The commercial refuse container required by this chapter shall be provided or contracted for by the property owner or his agent or the occupant of an occupational unit, and shall be a leak-resistant, rodent-resistant, and lidded container which is constructed of impervious material and subject to the inspection of the department of health and the department of streets and sanitation. (c) Refuse compactor. The refuse compactor required by this chapter shall be a leak-resistant and rodent-resistant container constructed of impervious material and capable of reducing the volume of waste contained within it a minimum of 65 percent, subject to the inspection of the department of health and the department of streets and sanitation, and provided or contracted for by the property owner or his agent, unless otherwise agreed to by the lease agreement. (Prior code § 99-15; Amend Coun. J. 7-7-99, p. 6985)

Municipal Code of Chicago § 7-28-215 Commercial refuse containers - Permit required.

7-28-215 Commercial refuse containers - Permit required. (A) Definitions. For purposes of this section, the following terms shall have the following meanings: "Provider" shall mean the person who provides refuse collection services, and if applicable, the Disposal and Recycling Management Company as defined in Section 4-6-130, for a refuse container that has been provided for use at a requested location. "Refuse container" shall mean the commercial refuse container or refuse compactor described in Section 7-28-210 of the Code. However, "refuse container" shall not include a receptacle provided for the convenience of customers of a business establishment if no refuse collection service has been contracted for that receptacle. (B) Permit required. It shall be unlawful for any provider to place, maintain or provide refuse collection services for a refuse container for use in the City of Chicago unless such provider shall first obtain a refuse container permit for that container. (C) Application. An application for a refuse container permit shall be made to the Commissioner of Transportation. In addition to such other information as the Commissioner may require, the applicant shall state the name, address, container locations, container sizes and telephone number of the provider or providers of the refuse container. The information shall be updated periodically or otherwise as prescribed by the Commissioner of Transportation. (D) Permit fee. Except with respect to refuse containers intended and used exclusively either: (i) for the collection of recyclable materials or (ii) by a unit of local government or school district that levies a property tax exclusively within the City of Chicago, as to which there shall be no permit fee, the permit fee for each refuse container permitted pursuant to this section shall be as follows: Type A (under one cubic yard).....$5 Type B (one to two cubic yards)......$9 Type C (two to 10 cubic yards).....$18 Type D (over 10 cubic yards).....$46 Type R (used exclusively for recycling).....no fee Each year on January 1st, this permit fee shall automatically be increased in proportion to any increase in the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers for the Chicago metropolitan area, up to 2.5 percent in any one year, rounded to the nearest whole number, or in an amount that the Commissioner determines is supported by the costs associated with administering such permit. The Commissioner shall ensure that such permit fee is published on a publicly accessible website. A permittee shall also be responsible for additional charges above the cost of the permit fee as described in this section. The Commissioner of Transportation is authorized, by rule, to impose an additional technology surcharge of up to 10 percent of the above fees as may be necessary to administer data collection using the verification technology provided for in Section 7-28-217(a). Such surcharge shall be added to and payable as part of the permit fee. The permit shall be valid for a one-month period, unless a different payment schedule is specified by the Commissioner of Transportation by rule. (E) Enforcement. This section shall be enforceable by: the Commissioner of Streets and Sanitation, the Commissioner of Transportation, the Commissioner of Business Affairs and Consumer Protection, or the Comptroller, or their respective designees. The Commissioner of Transportation shall have the authority to promulgate such rules as the Commissioner deems necessary or appropriate for the proper administration and enforcement of this section. The Comptroller may require that a provider produce such records and other information that the Comptroller considers necessary to determine compliance with this section. (F) Penalties. (1) Any person violating this section or any rule or regulation promulgated under this section shall be subject to a fine of not less than $250.00 nor more than $1,500.00 for each offense. (2) Each day that a violation is permitted to exist shall constitute a separate offense. In addition, any refuse container not validly permitted may be removed by the city, and all costs associated with such removal shall be borne by the provider of the refuse container. The owner of a refuse container, if different from a provider, shall be jointly and severally liable with the provider for any violation of this section. (3) Where a provider has contracted with a Disposal and Recycling Management Company ("company"), as defined in Section 4-6-130, for the provision of those services, the provider and the company shall be jointly and severally liable for the penalties provided by this section. (Added Coun. J. 5-9-12, p. 27485, § 156; Amend Coun. J. 6-25-14, p. 82896, § 1; Amend Coun. J. 4-18-18, p. 75051, § 3; Amend Coun. J. 11-24-20, p. 24619, Art. VI, § 2; Amend Coun. J. 12-19-25, p. 38125, Art. XI, § 1)

Municipal Code of Chicago § 7-28-217 Commercial refuse containers and compactors; grease containers - Identification.

7-28-217 Commercial refuse containers and compactors; grease containers - Identification. (a) The owner of a commercial refuse container or compactor, or grease container, at a building where refuse is removed at the expense of the owner, his agent or occupant of the property, shall label the container with the following information: the address of the person using the commercial container; in the case of a business, the name of the business or businesses served by the container, and the name and telephone number of the person providing refuse collection service for that container; and, in the case of a residential building, the name of the person responsible for payment for refuse collection service for that container at the building. The labeling shall be indelible, in letters no less than one inch high, in a color that contrasts clearly with its background, placed on the vertical surface opposite the hinge of the container's cover. The container shall be placed during normal use so that the label is visible from the alley adjacent to the building served by the container. Said owner, in addition to or as part of affixing the required label, shall equip each container with a form of technology (by way of non-limiting examples, a bar code or wireless transmitting device), following approval of that technology by the commissioner of streets and sanitation in consultation with the commissioner of transportation, that enables authorized city personnel to (i) verify that the container is properly permitted, and (ii) ascertain other information specified by said commissioners that is relevant to the legal status of the container. Containers used exclusively for recycling shall be marked in a manner specified by the commissioner of transportation. (b) No person shall cover, alter, obscure or remove the identifying label or technological device required under subsection (a) of this section. (c) Any person who violates any provision of this section shall be fined not less than $200.00 and not more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. (Added Coun. J. 7-13-94, p. 53272; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 10-3-01, p. 68141, § 2; Amend Coun. J. 5-13-09, p. 63017, § 2; Amend Coun. J. 6-25-14, p. 82896, § 1; Amend Coun. J. 2-10-16, p. 18540, § 1)

Municipal Code of Chicago § 7-28-220 Duty to provide refuse containers and service.

7-28-220 Duty to provide refuse containers and service. It shall be the duty of the occupant of every occupational unit to provide or contract to maintain in good condition and repair, unless otherwise provided for by lease agreement, sufficient commercial refuse container(s) and scavenger service to meet its waste generation and recycling needs, so as not to allow the container(s) to overflow. It shall be the duty of the licensed scavenger to maintain in good condition and repair such commercial refuse containers. Notwithstanding this requirement, and unless otherwise agreed to by the parties via contract, the occupant shall be liable for its usage of the container(s) and for notifying the property owner or his agent of the need for additional containerization or service, including recycling service. The owner or his agent of every multiple dwelling with five or more dwelling units, if not required to have a compactor under section 7-28-225 at the owner's or his agent's expense shall provide or contract for sufficient commercial refuse containers using a minimum standard of 1/4 cubic yard for each occupied dwelling unit per week, including container space for recyclable material. The 1/4 cubic yard requirement can be lowered if the multiple dwelling can verify a lower waste generation rate over a period of months. The commissioner of streets and sanitation shall have the authority to promulgate rules and regulations related to the cubic yard verification. If an owner of a multiple dwelling elects to contract for refuse pickup more than one time per week, the minimum cubic yard standard shall decrease accordingly. All refuse which is placed for collection service outside of the building must be kept in standard or commercial refuse containers or refuse compactors. (Prior code § 99-16; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 2-9-11, p. 112120, § 1; Amend Coun. J. 10-28-15, p. 12062, Art. IX, § 2)

Municipal Code of Chicago § 7-28-225 Duty to provide compactors.

7-28-225 Duty to provide compactors. It shall be the duty of the owner or occupant of an occupational unit and the owner of a multiple dwelling with five or more dwelling units with a waste generation of 50 cubic yards recyclable material collected as part of a recycling program, such as recyclable material collected in accordance with Chapter 11-5, to provide or contract for a refuse compactor and collection service with a minimum of once per week collection, except that a compactor shall not be required (i) when there is no suitable location on private property, or (ii) for multiple dwellings with five or more dwelling units that are only accessible by use of a private driveway, or (iii) if the occupational unit or multiple dwelling receives refuse collection service a minimum of five times per week. If the department of streets and sanitation determines there is a suitable location on the property, but the owner or his agent does not wish to use the space for the compactor, a permit for use of the public way shall be required. If the department of streets and sanitation determines that a compactor may not be placed in the public way, the compactor must be placed on the suitable location on private property. The commissioner of streets and sanitation shall have the authority to promulgate rules and regulations regarding the definition of suitable location and regarding the exclusion of commingled recyclables from the 50 cubic yard weekly refuse amount. (Added Coun. J. 7-7-99, p. 6985; Amend Coun. J. 10-3-01, p. 68141, § 2; Amend Coun. J. 10-28-15, p. 12062, Art. IX, § 2) Editor's note – The provisions of this section were effective July 7, 2000.

Municipal Code of Chicago § 7-28-226 Zone of nonoperation.

7-28-226 Zone of nonoperation. (1) Zone of nonoperation. No person shall grind or compact, or load into a mobile or stationary grinding or compacting device, garbage, wastes, refuse or other matter (within the meaning of Section 4-6-130, of this chapter), without a special permit, between the hours of 9:30 p.m. and 7:00 a.m., Mondays through Fridays, and between the hours of 9:30 p.m. and 9:00 a.m., Saturdays, Sundays and holidays, on any street, alley, public way or on public or private property within the boundaries of the City of Chicago, which: (A) is within the area bounded by Weed Street on the north, Halsted Street on the east, Blackhawk Street on the south and Dayton Street on the west, or (B) adjoins or is within 250 feet of any business or residential zoning classification as defined in the Chicago Zoning Ordinance; except that this section shall not apply to that area bounded by the Chicago River on the north, Lake Michigan on the east, a line delineated by Ida B. Wells Drive extended and Ida B. Wells Drive on the south, the South Branch of the Chicago River on the west. Special permits to operate within the zone of nonoperation during the hours prohibited aforesaid, may be issued by the commissioner of streets and sanitation only after a showing, based on health, safety or public welfare that an extreme hardship exists. This section shall not apply to household appliances. (2) Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with, or resisting or opposing the enforcement of, any of the provisions of this Section 7-28-226, shall upon conviction thereof, be fined not less than $500.00 nor more than $1,000.00. (Added Coun. J. 5-9-12, p. 27485, § 157; Amend Coun. J. 11-8-12, p. 38872, § 143; Amend Coun. J. 12-12-12, p. 42395, § 1; Amend Coun. J. 11-20-19, p. 9510, Art. I, § 4)

Municipal Code of Chicago § 7-28-227 Duty to provide refuse containers at construction or demolition sites.

7-28-227 Duty to provide refuse containers at construction or demolition sites. (a) Every owner, manager or general contractor of any building, structure or parcel, for which a permit for new construction or demolition at the site has been issued, shall provide and maintain in good condition and repair commercial refuse containers sufficient in size and number to prevent any overflow or accumulation of refuse outside of the containers. (b) It shall be the duty of every owner, manager or general contractor to cause all refuse, excluding construction or building material and debris, produced or located at the site to be deposited daily in the commercial refuse containers. (c) It shall be the duty of every owner, manager or general contractor to keep each commercial refuse container located at the site covered with a tightly fitted cover at all times, except when opened for deposit or removal of the refuse. (d) It shall be the duty of every owner, manager or general contractor to cause to be removed at his own cost and expense all refuse, excluding construction or building material and debris, located at the site. The removal shall be of such frequency to prevent the overflow and accumulation of refuse outside of the containers and shall be in accordance with the provisions of this Code. (e) No container used for the storage, collection and removal of refuse shall be placed so as to constitute a nuisance to adjacent property or the occupants thereof. (f) Any person who violates any provision of this section shall be fined not less than $200.00 and not more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. (Added Coun. J. 5-2-01, p. 57399, § 1)

Municipal Code of Chicago § 7-28-230 Location of standard and commercial refuse containers.

7-28-230 Location of standard and commercial refuse containers. Standard and commercial refuse containers shall be placed for collection in the following manner: (a) (1) Except as provided in subsection (a)(2) of this section, for alley collections, at the public alley lot line on the premises served so as to be immediately accessible to refuse collection vehicles. It shall be the duty of the property owner or his agent to provide suitable space at such public alley lot line for such container; provided, however, that a container may be placed in the public way if: (i) the property does not have suitable space as determined by the Department of Streets and Sanitation and defined in the rules promulgated pursuant to this chapter, and (ii) the structure on the property was in existence on July 31, 1999. (2) A property owner or his agent seeking City refuse collection may petition the Commissioner of Streets and Sanitation to be allowed to place one or more refuse containers in the public alley if the property owner or his agent can show: (i) that there is insufficient room to put the containers on the owner’s property; (ii) that the refuse containers can be placed directly adjacent the owner’s property; and (iii) that the containers can be placed so as to not obstruct traffic through the alley. The Commissioner shall reject the petition if all three conditions are not satisfied. (b) For curb collections, at the curb line not earlier than the evening preceding the designated collection day, and removal from the public way not later than the evening of such day, except for occupational units not operating on the day after collection. (c) No container used for the storage, collection and removal of garbage or other refuse shall be placed so as to constitute a nuisance to adjacent property or the occupants thereof. If a refuse container belonging to one property is found in a location other than one of the locations prescribed by this section, the owner of the property which the container serves shall be liable for a violation of this section. (Prior code § 99-17; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 11-21-17, p. 61755, Art. II, § 1; Amend Coun. J. 11-26-19, p. 11514, Art. X, § 1)

Municipal Code of Chicago § 7-28-235 City refuse collection - Fee.

7-28-235 City refuse collection - Fee. (a) Except as otherwise provided in this section, the City shall be the exclusive provider of refuse collection services to the dwelling units identified in subsection (a)(1)(i) through (a)(1)(iv) of this section, and to the properties identified in subsection (a)(2) of this section, if such dwelling units or properties directly abut the public way and the refuse container is placed for collection in accordance with Section 7-28-230: (1) for dwelling units: (i) a single dwelling; (ii) a multiple dwelling containing four or fewer dwelling units; (iii) a townhouse when the refuse container is placed for collection in compliance with Section 7-28-230; or (iv) a multiple dwelling that is licensed as a bed-and-breakfast establishment pursuant to Section 4-6-290 and contains four or fewer dwelling units unless the Commissioner of Streets and Sanitation determines that the establishment is producing an unreasonable amount of refuse for a building of its size, notifies the owner or owner's agent of such fact in writing, and provides the owner or owner's agent with an opportunity to correct the problem in a manner prescribed by the Commissioner; and (2) for all property owned by a not-for-profit organization if such property was receiving City refuse collection services as of January 1, 2016. Provided, however, that such not-for-profit organization shall be required to have its refuse collected by a private scavenger holding a valid license under Section 4-6-130 if: (A) such not-for-profit organization has net assets or fund balances of one million dollars ($1,000,000.00) or more at the end of the immediately preceding tax year or calendar year; or (B) the property owned by such not-for-profit organization either: (i) contains eleven or more garbage carts for refuse collection, or (ii) is determined by the Commissioner of Streets and Sanitation ("Commissioner") to require eleven or more garbage carts in order to prevent refuse from: (a) overflowing the carts provided, or (b) exceeding the capacity of the carts provided in a manner that prevents the lids of the carts provided from being securely fastened shut, or (c) creating other unsanitary conditions on the property; or (C) such not-for-profit organization fails to file with the Department of Finance a timely and completed application for an exemption from water charges within the meaning of Section 11-12-540(d). Provided further, that: (i) The Commissioner shall provide the owner of any property that is ineligible for City refuse collection services under subsection (a)(2)(A), (a)(2)(B) or (a)(2)(C) of this section with written notification of such fact, which notification shall provide the owner with an opportunity to be heard by the Commissioner or the Commissioner’s designee on the limited question of whether the eligibility criteria for City refuse collection services have been met. Following such written notification, the Commissioner shall cease providing City refuse collection services to such property as of the date certain identified in the written notification. (ii) After written notification to the Commissioner, an owner of any property that is eligible to receive City refuse collection services under this subsection (a)(2) may choose to provide for refuse collection by a private scavenger holding a valid license under Section 4-6-130. (b) Except as otherwise provided in subsection (c) of this section, the owner of any dwelling unit or property required to have City refuse collection pursuant to this section shall be responsible for payment of a refuse collection fee of $9.50 per month per dwelling unit or per property for those properties subject to subsection (a)(2). The billing of the refuse collection fee and penalties authorized by this section shall be added to and separately recited upon a unified statement of charges, as that term is defined in Section 11-12-010. The unified statement of charges shall be prepared and sent to the billed party in such time periods as established by the Comptroller and shall be subject to Section 11-12-480. (c) The refuse collection fee for persons who receive an exemption from payment of the sewer service charge pursuant to Section 3-12-050(a), or for persons who previously received an exemption from payment of the sewer service charge pursuant to Section 3-12-050(a) but no longer receive such exemption because of enrollment in the Utility Billing Relief Program pursuant to Section 11-12-545 of this Code, shall be 50% of the refuse collection fee set forth in subsection (b). The Comptroller is authorized to promulgate rules for the administration of this subsection, including any requirements for an application in a form and format prescribed by the Comptroller. (d) A late payment penalty assessed at a monthly rate of one and one-quarter percent shall be imposed on all refuse collection fees for which payment in full is not received within 24 calendar days from the date the unified statement of charges was sent as shown by the records of the Department of Finance. Where the correctness of a charge imposed under this section is disputed and where complaint of such incorrectness has been made prior to the time the usual penalty would be imposed, and where the adjusting of such complaint requires additional time, the penalty may be held in abeyance up to and including the tenth day succeeding the resending of such bill. The late payment penalty established pursuant to this subsection shall not be imposed upon an account to which subsection (c) applies. (e) (1) Unless otherwise provided by law or rule, a full payment certificate for refuse collection charges is required in all transfers of real property whether such transfers are subject to or exempt from the real property transfer tax pursuant to Chapter 3-33 of this Code. In order to obtain a full payment certificate for refuse collection charges, an application with an application fee of $50.00 shall be made to the Comptroller. Provided, however, if the property is exempt from the real property transfer tax, the full payment certificate application fee shall not be charged. If a full payment certificate was required and such certificate was not obtained when the real property was transferred, both the transferor and the transferee will be jointly and severally liable for any outstanding refuse collection charges and penalties that have accrued. (2) Before control of a property subject to the Illinois Condominium Property Act is transferred from the developer to the board of managers, a certificate of payment for full payment of refuse collection charges shall be obtained from the Comptroller upon application and payment of an application fee of $50.00. Such certificate of payment shall be obtained within 30 days prior to the election of the first unit owner board of managers. The terms used in this section shall have the same meanings as those in the Illinois Condominium Property Act. Subsequent transfers of a unit within a condominium building subject to this section require a certificate of payment. Where a townhome or condominium association's assessments include the individual owner's share of the refuse collection charge, the Comptroller may issue a certificate of condo or townhome owner payment upon application and payment of an application fee of $50.00. (Added Coun. J. 10-28-15, p. 12062, Art. IX, § 2; Amend Coun. J. 11-9-16, p. 36266, § 6; Amend Coun. J. 11-21-17, p. 61755, Art. II, § 2; Amend Coun. J. 11-26-19, p. 11514, Art. X, § 2; Amend Coun. J. 7-20-22, p. 50569, § 3; Amend Coun. J. 12-16-24, p. 22879, Art. I, § 1; Amend Coun. J. 7-16-25, p. 30244, § 1)

Municipal Code of Chicago § 7-28-240 Refuse removal.

7-28-240 Refuse removal. (a) Multiple dwellings. Except for those dwelling units required to have city refuse collection pursuant to section 7-28-235, it shall be the duty of the owner, or agent thereof, of every multiple dwelling containing 5 or more dwelling units to cause all refuse produced therein to be removed from the buildings at least once each week at such owner's or agent's own cost and expense. (b) Occupational units. It shall be the duty of the occupant of every occupational unit to cause all refuse produced therein to be removed from the property at least once each week at such occupant's own cost and expense. (Prior code § 99-18; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 6-28-00, p. 36650, § 1; Amend Coun. J. 9-4-03, p. 7118, § 22; Amend Coun. J. 12-7-05, p. 64870, § 1.3; Amend Coun. J. 5-9-12, p. 27485, § 158; Amend Coun. J. 7-29-15, p. 3535, § 1; Amend Coun. J. 10-28-15, p. 12062, Art. IX, § 2)

Municipal Code of Chicago § 7-28-250 Reserved. Editor’s note – Coun. J. 11-26-19, p. 11390, Art. XI, § 1, repealed § 7-28-250, which pertained to refuse collection cost and reimbursement. Coun. J. 11-26-19, p. 11390, Art. XI, § 2, provides: "Rebate requests that were properly submitted and referred to the Committee on Finance prior to February 1, 2016, pursuant to Section 7-28-250, are hereby transferred for processing to the Comptroller, who is authorized to process rebate requests in conformity with Section 7-28-250, notwithstanding its repeal."

Municipal Code of Chicago § 7-28-260 Containers - Use.

7-28-260 Containers - Use. (a) It shall be the duty of the owner, his agent or occupant of every single dwelling, multiple dwelling producing less than 32 gallons of refuse per week,]* or a multiple dwelling, occupational unit to cause all refuse produced therein to be deposited in a refuse container or compactor as provided in Section 7-28-220 or 7-28-225, and to keep a tightly fitting cover in place at all times when refuse is contained therein, except when opened for the deposit or removal of refuse. The owner, his agent or occupant shall maintain the container so that all refuse spilled during usage is removed and the area is cleaned in a timely manner. It shall be unlawful for any person other than the owner, his agent or occupant of the premises served by a refuse container to deposit or cause to be deposited therein any article or thing whatsoever. * Editor's note – Bracket shown is as set forth in Coun. J. 7-7-99, p. 6985, an amending ordinance in which bracketed material was to be deleted but no initial bracket was published. (b) It shall be the duty of every person responsible for the installation, use or emptying of a sanitary refuse container to keep a tightly fitting cover in place at all times when refuse is contained therein, except when opened for the deposit or removal of refuse. (c) Any person who violates any provision of this section shall be fined not less than $200.00 and not more than $500.00 for each use. Each day that a violation continues shall constitute a separate and distinct offense. (Prior code § 99-19; Amend Coun. J. 7-13-94, p. 53272; Amend Coun. J. 7-7-99, p. 6985)

Municipal Code of Chicago § 7-28-261 Accumulation of refuse - Responsibility.

7-28-261 Accumulation of refuse - Responsibility. (a) No person shall deposit refuse in a standard or commercial refuse container, or compactor, in a manner that prevents complete closure of the container's cover, or deposit refuse on top of a container in a manner that interferes with opening of the container, or pile or stack refuse against a container. (b) The owner, his agent or occupant of a property shall not allow any person to violate subsection (a) of this section. The presence of refuse preventing complete closure of the container's cover, deposited on or piled or stacked against a standard refuse container, a commercial refuse container, or compactor shall be prima facie evidence of violation of this subsection (b). (c) Any person who violates any provision of this section shall be fined not less than $200.00 and not more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. (Added Coun. J. 7-13-94, p. 53272; Amend Coun. J. 7-7-99, p. 6985)

Municipal Code of Chicago § 7-28-270 Contents of standard and commercial refuse containers and compactors.

7-28-270 Contents of standard and commercial refuse containers and compactors. It shall be unlawful for any person to deposit in any refuse container or compactor any article or thing except refuse as defined in this chapter. (Prior code § 99-20; Amend Coun. J. 7-7-99, p. 6985)

Municipal Code of Chicago § 7-28-280 Removal of contents.

7-28-280 Removal of contents. It shall be unlawful for any person other than a city refuse collector or a private scavenger licensed by the city, to remove, displace, uncover, or otherwise disturb, any refuse container or the contents thereof when placed on location, as provided for in Section 7-28-230. (Prior code § 99-21)

Municipal Code of Chicago § 7-28-290 Ashes.

7-28-290 Ashes. Ashes stored inside any non-fireproof building shall be stored only in masonry bins, approved metal ash cans, or steel truck tanks. All ash containers shall be kept at least five feet from combustible material. Ashes shall not be stored inside or outside of any building in wood receptacles, or dumped in contact or in proximity to any combustible material. (Prior code § 99-22)

Municipal Code of Chicago § 7-28-300 Removal of restaurant garbage.

7-28-300 Removal of restaurant garbage. Every person owning or controlling any hotel, restaurant, café, or retail food establishment that uses a commercial refuse container shall cause all substances deposited in such containers to be removed from his premises on each day of operation. Such person shall cause the removal and disposition of such substances in accordance with the provisions of this Code and the rules or regulations of the department of health relating to the disposition and removal of such substances. (Prior code § 99-23; Amend Coun. J. 7-7-99, p. 6985)

Municipal Code of Chicago § 7-28-301 Grease containers.

7-28-301 Grease containers. Every grease container shall be constructed of impervious material and subject to the inspection of the department of health and the department of streets and sanitation. (Added Coun. J. 4-15-95, p. 67576; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 2-10-16, p. 18540, § 1)

Municipal Code of Chicago § 7-28-302 Grease containers - Maintenance and removal.

7-28-302 Grease containers - Maintenance and removal. (a) It shall be the duty of every person responsible for the use of a grease container in which cooking grease or kindred refuse is stored, to (1) keep a tightly fitting cover in place, except when opened for the deposit or removal of its contents; and (2) remove spillage after every use by applying a cleaning agent approved by the commissioner of the department of streets and sanitation, and (3) contract with a licensed scavenger for grease removal. (b) It shall be the duty of every grease hauler responsible for the collection of any grease container in which cooking grease or kindred refuse is stored, to (1) provide a tightly fitting cover for the container; (2) resecure the container cover if it is removed during collection; and (3) remove any grease spilled during collection by applying a cleaning agent approved by the commissioner of the department of streets and sanitation. (c) In accordance with Section 7-28-302(a)(2) and (b)(2), cooking grease or kindred refuse spilled in the public way or open loading dock shall be cleaned with an inorganic, inert material capable of absorbing and neutralizing grease. Approved materials include, but are not limited to, sand, clay, bentonite, sawdust, and combinations of these materials sold as commercial absorbents. (d) Any person who violates any provision of this section shall be fined not less than $250.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. (Added Coun. J. 4-15-95, p. 67576; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 12-4-02, p. 99931, § 4.4)

Municipal Code of Chicago § 7-28-303 Location of grease containers.

7-28-303 Location of grease containers. Individual hotels, cafes and retail food establishments generating more than 1,500 pounds of cooking grease or kindred refuse per month shall design space for and install sealed, odor and rodent resistant vacuum containers for the storage of grease. Such containers shall be indoors except when the department of streets and sanitation determines there is no suitable indoor location. If there is no suitable indoor location the grease must be contained in a suitable outdoor location on the property. The commissioner of the department of streets and sanitation shall have the authority to promulgate rules and regulations regarding the definition of suitable indoor location and outdoor location. (Amend Coun. J. 7-7-99, p. 6985) Editor's note – The provisions of this section were effective July 7, 2000.

Municipal Code of Chicago § 7-28-305 Location of grease containers on the public way.

7-28-305 Location of grease containers on the public way. Grease containers may be placed on the public way in accordance with Article XIB of Chapter 10-28 of this Code and shall be granted only if the department of streets and sanitation determines that the premises has no other suitable location for the container. The commissioner of the department of streets and sanitation shall have the authority to promulgate rules and regulations regarding the definition of suitable location. (Amend Coun. J. 7-7-99, p. 6985)

Municipal Code of Chicago § 7-28-310 Owner of business responsible for removal when - Violation - Penalty.

7-28-310 Owner of business responsible for removal when - Violation - Penalty. Every person owning or operating any business establishment, other than a bed-and-breakfast establishment licensed pursuant to Section 4-6-290 unless the department of streets and sanitation determines that the bed-and-breakfast establishment is producing an unreasonable amount of refuse for a building of its size, shall cause sufficient removal and disposition of such refuse and discarded materials at his own expense and in accordance with the provisions of this Code and the rules and regulations of the department of health related to the removal and disposition of such refuse and discarded materials unless they are part of a multiple occupational unit where the building owner is required to provide refuse service. Removal must be by licensed scavenger company. Any person found in violation of this section shall be guilty of having created a nuisance and shall be fined not less than $200.00 nor more than $500.00 for the first offense, and no less than $400.00 nor more than $750.00 for the second and each subsequent offense. Each day that such violation persists shall constitute a separate and distinct offense. (Prior code § 99-24; Added Coun. J. 12-20-89, p. 10135; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 12-4-02, p. 99931, § 4.5; Amend Coun. J. 9-4-03, p. 7118, § 23; Amend Coun. J. 5-9-12, p. 27485, § 160)

Municipal Code of Chicago § 7-28-315 Removal of litter from a retail establishment's parking area.

7-28-315 Removal of litter from a retail establishment's parking area. (a) Every person owning, managing or controlling any retail establishment with an adjacent parking area provided for customer use shall cause to be removed at his own expense all litter located in the parking area. It shall be the duty of the owner or manager to cause all litter placed in the litter baskets to be deposited daily in the retail establishment’s commercial refuse container for removal by a licensed scavenger. (b) It shall be the duty of the owner or manager to provide and maintain in good condition and repair litter baskets, sufficient in size and number to prevent any overflow or accumulation of litter outside of the containers. Litter baskets shall be placed at appropriate locations throughout the parking areas so as not to constitute a nuisance to adjacent properties or the occupants thereof. (c) Unremoved litter is hereby declared to be a public nuisance. It shall be the duty of the Commissioner of Streets and Sanitation or a designee to serve notice in writing by certified mail upon the owner or manager where a nuisance may be found, requiring him to abate the nuisance within three days from the date of receipt of notice. The Commissioner may prescribe in his notice the manner in which any nuisance shall be abated. If the owner or manager fails within three days from the date of notice to abate the nuisance, or if the owner or manager is unknown or cannot with due diligence be found, the Commissioner may proceed to abate the nuisance or seek to enjoin the nuisance. In addition to any fine or penalty, an amount equal to three times the cost or expense incurred by the city in abating a nuisance may be recovered in an appropriate action instituted by the Corporation Counsel. Nothing in this section shall be construed to prevent the City of Chicago from acting without notice to abate a nuisance in an emergency where the nuisance poses an immediate threat to public health or safety, nor shall this section be construed to deny any common law right to anyone to abate a nuisance. (d) Any owner or other person found in violation of this section shall be fined not less than $200.00 and not more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. (Added Coun. J. 5-2-01, p. 57399, § 1; Amend Coun. J. 11-15-23, p. 6542, Art. III, § 6)

Municipal Code of Chicago § 7-28-320 Incinerators and ash chutes.

7-28-320 Incinerators and ash chutes. Incinerators and ash chutes shall be constructed in conformity with the building provisions of this Code. (Prior code § 99-25)

Municipal Code of Chicago § 7-28-330 Sale of garbage prohibited.

7-28-330 Sale of garbage prohibited. No person shall vend or attempt to vend in the city any fruit, vegetable, or other article of food that may be decayed or partially rotten, or that may have been taken from any barrel, box, or other receptacle for the same, in any public way of the city. (Prior code § 99-26)

Municipal Code of Chicago § 7-28-331 Reserved. Editor's note – Coun. J. 6-25-14, p. 82896, § 1, renumbered this section as § 7-28-217.

Municipal Code of Chicago § 7-28-340 Reserved. Editor's note – Coun. J. 10-28-97, p. 54730, repealed § 7-28-340, which pertained to containers for manure storage.

Municipal Code of Chicago § 7-28-350 Reserved. Editor's note – Coun. J. 10-28-97, p. 54730, repealed § 7-28-350, which pertained to disposal of animal bedding.

Municipal Code of Chicago § 7-28-360 Removal of refuse before vacation of premises.

7-28-360 Removal of refuse before vacation of premises. It shall be the duty of every person occupying or controlling any lot, building, or structure, or any portion thereof, to remove or cause to be removed therefrom, before vacating the same, all garbage, ashes, miscellaneous waste and manure. (Prior code § 99-29)

Municipal Code of Chicago § 7-28-370 Disposal of furnishings, bedding, clothing or other materials infested with bed bugs.

7-28-370 Disposal of furnishings, bedding, clothing or other materials infested with bed bugs. (a) No person shall place, discard or dispose of any bedding, clothing or other materials infested with bed bugs on the public way or in a refuse container or dumpster located on the public way, except when such bedding, clothing or other material is placed in or near the person's refuse container or dumpster for pick-up as trash and the bedding, clothing or other material is totally enclosed in a plastic bag and labeled as being infested with bed bugs. (b) No furnishing, bedding, clothing or other material infested with bed bugs shall be recycled. (c) For purposes of this section, "bedding" has the same meaning ascribed to that term in Section 7-28-810. (Added Coun. J. 6-5-13, p. 55787, § 4) Editor's note – Per Coun. J. 6-5-13, p. 55787, § 6, § 7-28-370 becomes effective on 12-2-13. Coun. J. 10-28-97, p. 54730, repealed a former § 7-28-370, which pertained to manure and garbage loaded on railroad cars.

Municipal Code of Chicago § 7-28-380 Refuse vehicles.

7-28-380 Refuse vehicles. No person owning or controlling any vehicle used for the carrying or transporting of any garbage, ashes, miscellaneous waste, or manure shall cause or permit such vehicle when in use for such purpose to stand or remain before or near any building, structure, or premises occupied by any person; nor shall any person using any such vehicle cause or permit the use of an unreasonable or unnecessary length of time in and about the loading or unloading of any such vehicle when in use for such purposes, or cause or permit an unreasonable or unnecessary length of time to be used in passing along any public way; nor shall any person cause or permit any such cart or vehicle to be in a condition needlessly or unnecessarily filthy or offensive. (Prior code § 99-31)

Municipal Code of Chicago § 7-28-390 Dumping on public way - Violation - Penalty.

7-28-390 Dumping on public way - Violation - Penalty. (a) No person owning or controlling any vehicle shall dump, deposit or dispose, or cause, suffer, allow, or procure to be dumped, deposited or disposed from that vehicle any ashes, refuse, or waste on the public way. (b) No person owning or controlling any refuse vehicle shall cause or permit the vehicle to be so loaded, to be in such defective condition, out of repair, of faulty construction, or improperly driven or managed to permit any ashes, refuse, or waste to drop or fall on any public way or other place. The vehicle shall be constructed to prevent the emission of any odor and to prevent any part of the contents from falling, leaking, or spilling therefrom. It shall be the duty of every person in possession or control of any such vehicle to remove from the public way or any other place, any part of the contents of the vehicle which fell, dropped, or spilled onto the ground from the vehicle. (c) For purposes of this section "ashes", "dispose", "refuse" and "waste" shall have the meaning ascribed to those terms in Section 11-4-120. (d) Penalties imposed for violations of this section shall be as provided in Section 11-4-1600. (Prior code § 99-31.1; Added Coun. J. 12-21-88, p. 23493; Amend 7-31-90, p. 19384; Amend Coun. J. 11-3-04, p. 34974, § 2)

Municipal Code of Chicago § 7-28-395 Construction debris on public way prohibited.

7-28-395 Construction debris on public way prohibited. Any person who constructs, demolishes, renovates, remodels, excavates or otherwise performs any maintenance operation on private property shall not allow any debris generated by that operation to accumulate on any adjacent public way and shall remove all debris from the public way at least once a day. Such person shall transport, remove and dispose of the debris in conformity with the requirements of this code and in a manner that does not cause any debris to be washed, drained, discarded or otherwise allowed to flow into the city sewer system. If the public way is damaged during the removal process, such person shall restore the public way to the condition that it was in before the damage occurred or shall pay the city in full for any costs and expenses which the city incurs in connection with the performance of that work. Any person who violates this section shall be fined not less than $350.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. This section may be enforced by the Department of Streets and Sanitation, the Department of the Environment, and the Department of Transportation. As used in this section: "Debris" means any dirt, rock, sand, construction or demolition waste, landscape waste, chipped paint, rubbish, rubble, garbage, trash, chemical residue, or any other miscellaneous material or substance generated by the construction, demolition, renovation, remodeling, excavation or performance of any other maintenance operation on private property. "Debris" does not include any item or material placed on the public way in compliance with a valid permit issued by the department of transportation. (Added Coun. J. 6-6-01, p. 60214, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 10-27-21, p. 40504, Art. II, § 2; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 7)

Municipal Code of Chicago § 7-28-400 Disinfection of refuse vehicles.

7-28-400 Disinfection of refuse vehicles. Any person owning or controlling any refuse vehicle shall cause all such vehicles, and all implements used in connection with the loading or unloading thereof, when not in use, to be stored and kept in such place and in such manner as not to create a nuisance, and shall cause all such vehicles and implements to be thoroughly disinfected and put in an inoffensive condition when so stored or not in use. Such vehicles and implements shall be thoroughly disinfected at least once a week, whether in use or not, unless the same shall not have been used since the last disinfection thereof. (Prior code § 99-32)

Municipal Code of Chicago § 7-28-410 Reserved. Editor's note – Coun. J. 11-3-04, p. 34974, § 2, repealed § 7-28-410, which pertained to dropping refuse from vehicle.

Municipal Code of Chicago § 7-28-420 Industrial refuse.

7-28-420 Industrial refuse. The owner, lessee, occupant, or manager of every chemical factory, paint factory, blacksmith or other shop, forge, coalyard, brickyard or place where bricks are manufactured, foundry or manufactory or premises where like business is done, or any factory or premises in which tar or any compound thereof is handled, used, or manufactured, shall cause all ashes, cinders, rubbish, dirt, and refuse to be removed to some proper place, so that the same shall not accumulate at any of the above- mentioned premises, or in the appurtenances thereof, and become filthy and offensive; nor shall any such owner, lessee, occupant, or manager cause or allow any dense smoke, cinders, dust, gas, or offensive odor to escape from any such building, structure, place, or premises which shall be offensive or prejudicial to the health or dangerous to the life of any person not being therein or thereupon engaged. It is hereby declared to be a nuisance to permit any ashes, cinders, rubbish, dirt, or refuse to accumulate on any of the above-mentioned premises, or the appurtenances thereof, and become filthy or offensive, or to cause or allow any dense smoke, cinders, dust, gas, or offensive odor to escape from any such building, structure, place, or premises, and the commissioner of buildings or any officer designated by him may summarily abate the same. (Prior code § 99-34)

Municipal Code of Chicago § 7-28-430 Decaying animal matter.

7-28-430 Decaying animal matter. It shall be unlawful for any person having the ownership or control of any animal matter within the city which is in process of decay so as to be offensive or dangerous to the public health to permit the same to remain within the city or within one mile of the limits thereof, while in such condition, more than 12 hours after such animal matter shall have come into such offensive or dangerous condition, whether it be at an establishment for the rendering or changing the character thereof or not. Any person violating any provision of this section shall be fined not less than $50.00 and not more than $200.00 for each offense, and every day on which such violation shall continue shall be deemed a separate and distinct offense. (Prior code § 99-35)

Municipal Code of Chicago § 7-28-440 Dumping on real estate without permit - Nuisance - Violation - Penalty - Recovery of costs.

7-28-440 Dumping on real estate without permit - Nuisance - Violation - Penalty - Recovery of costs. (a) No person shall dump, deposit, or dispose, or cause, suffer, allow, or procure to be dumped, deposited, or disposed on any lot or parcel of real estate within the city any ashes, refuse, or waste, except at a sanitary landfill site, liquid waste handling facility or transfer station for which a permit has been properly issued pursuant to the provisions of Chapter 11-4 of this Code. For purposes of this section "ashes", "dispose", "refuse" and "waste" shall have the meaning ascribed to those terms in Section 11-4-120. Such dumping without a permit is hereby declared to be a nuisance. (b) Penalties imposed for violations of this section shall be as provided in Section 11-4-1600. (Prior code § 99-36; Amend Coun. J. 10-15-87, p. 5194; Amend Coun. J. 7-31-90, p. 19384; Amend Coun. J. 6-12-91, p. 1459; Amend Coun. J. 10-14-92, p. 21818; Amend Coun. J. 7-14-93, p. 35530; Amend Coun. J. 6-14-95, p. 2990; Amend Coun. J. 3-6-96, p. 17618; Amend Coun. J. 7-29-03, p. 5530, § 1; Amend Coun. J. 11-3-04, p. 34974, § 2)

Municipal Code of Chicago § 7-28-445 Reward program for information leading to a conviction or finding of liability for illegal dumping.

7-28-445 Reward program for information leading to a conviction or finding of liability for illegal dumping. (a) Definitions. As used in this section: “Commissioner” means the Commissioner of the Department of Streets and Sanitation. “Illegal dumping” means any violation of Sections 7-28-440 or 11-4-1500 of this Code. (b) Reward – Authorized. The Commissioner, in consultation with the Chief Sustainability Officer and the Comptroller, shall establish a reward program for individuals who provide information resulting in a conviction or finding of liability for illegal dumping. City employees shall not be eligible for the reward authorized under this section. (c) Eligibility criteria. Persons who report alleged instances of illegal dumping to the City, whether through the City’s 3-1-1 system, including any applicable internet-enabled applications or digital platforms, or by otherwise reporting the alleged to the City in accordance with rules promulgated by the Commissioner, will be eligible for a reward of $100 if all of the following requirements are met: (1) the person reporting the violation must identify themselves and provide their contact information; (2) the person reporting the violation must complete and sign the witness report required by the Commissioner; and (3) the witness report must result in a conviction or finding of liability for illegal dumping of the person(s) identified in such report as having committed the violation on the date and at the time set forth in such report. (d) Reward process. The Commissioner shall be the sole arbiter of whether a person meets the eligibility criteria set forth in subsection (c) of this section, and the Commissioner’s decision shall be final and binding. If the Commissioner determines that a witness report resulted in a conviction or finding of liability for illegal dumping, the Commissioner shall notify the Comptroller. Such notification shall contain the name and address of the person(s) entitled to receive the reward and any other information that the comptroller may require. Upon receipt of such notification, the Comptroller shall issue the reward to the person identified in the notification. If, in a particular case, the Commissioner determines that more than one witness report resulted in a conviction or finding of liability, any reward provided for under this section will be divided equally among the person(s) who signed the applicable witness reports. (e) Disclaimers. Nothing in this section shall be construed to create a private right of action to enforce this section. The City reserves the right, in its sole discretion, with or without notice, to terminate at any time and for any reason the reward authorized under this section. The City shall not be liable for any damages, whether direct, indirect, incidental, special or consequential, related in any way to such reward, or for any consequences following therefrom or related thereto. (Added Coun. J. 3-20-24, p. 10135, § 1; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 7) Editor’s note – Coun. J. 11-20-19, p. 9510, Art. IV, § 21, repealed former § 7-28-445, which expired on July 1, 2015 and pertained to a pilot program establishing a reward for information leading to a conviction or finding of liability for illegal dumping.

Municipal Code of Chicago § 7-28-450 Unremoved motor vehicles, ashes, refuse, waste, debris and other materials - Owner responsible for removal - Nuisance - Violation - Penalty.

7-28-450 Unremoved motor vehicles, ashes, refuse, waste, debris and other materials - Owner responsible for removal - Nuisance - Violation - Penalty. a. Lot in ill-maintained condition — Unremoved ashes, refuse, waste or other debris. Except as otherwise provided in Section 7-28-720, the owner, as defined in Section 7-28-005, of any business or residence or lot or tax parcel of real estate, whether improved or unimproved, vacant or occupied, shall remove or cause to be removed from such property any abandoned or derelict motor vehicle as defined in Section 9-80-110; garbage; ashes; refuse; trash; rubbish; waste; manure; or other substance or material that may contain disease or germs, or be scattered by the wind, or decompose, or become noxious or unhealthful or otherwise threaten the public health, safety or welfare. Unremoved material of such nature is hereby declared to be a public nuisance. Any owner or other person found in violation of this section shall be punished by a fine of not less than $750.00 nor more than $5,000.00 for each offense. Each day such violation continues shall constitute a separate and distinct offense to which a separate fine shall apply. Provided, however, that the requirements of this subsection shall not apply to governmental entities or to persons upon whose property such material is permitted to accumulate pursuant to a valid and properly issued license or permit or if allowed under provisions of the Zoning Code governing special uses in general and heavy manufacturing districts. b. Unremoved material or debris under railroad tracks. The owner, as defined in Section 7-28-005, of any railroad track which lies upon any overpass, bridge, trestle, viaduct, tunnel or other elevated railroad passageway shall maintain the area immediately beneath the overpass, bridge, trestle, viaduct, tunnel or other elevated railroad passageway clear of any track materials, including any rail, ties or ballast, and any debris which has fallen to the ground from the track or elevated passageway structure, including any rocks, concrete, stone, wood or metal. Unremoved material or debris of such nature is hereby declared to be a public nuisance. Any person found in violation of this section shall be punished by a penalty of not less than $500.00 and not more than $1,000.00 for each offense. Each day on which such an offense shall continue shall constitute a separate and distinct offense. This subsection shall not apply to the Chicago Transit Authority. c. For purposes of this section, the terms "ashes", "dispose", "refuse", "garbage" and "waste" shall have the meaning ascribed to those terms in Section 11-4-120. (Prior code § 99-36.1; Amend Coun. J. 12-18-86, p. 38654; Amend Coun. J. 3-9-88, p. 11146; Amend Coun. J. 7-31-90, p. 19384; Amend Coun. J. 12-11-91, p. 10978; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 1-12-00, p. 24174, § 1; Amend Coun. J. 11-3-04, p. 34974, § 2; Amend Coun. J. 7-19-07, p. 4396, § 1; Amend Coun. J. 7-28-10, p. 97912, § 5; Amend Coun. J. 10-11-17, p. 56894, § 1)

Municipal Code of Chicago § 7-28-455 Unremoved motor vehicles, ashes, refuse, waste, debris and other materials - Substantial risk to the public - Nuisance - City authorized to remove - Notice - Violation - Penalty - Costs.

7-28-455 Unremoved motor vehicles, ashes, refuse, waste, debris and other materials - Substantial risk to the public - Nuisance - City authorized to remove - Notice - Violation - Penalty - Costs. (a) Definitions. As used in this section: “Commissioner” means the Commissioner of Streets and Sanitation or the Chief Sustainability Officer or their respective designees. "Owner" has the meaning ascribed to the term in Chapter 14A-2. "Property" means any lot, tax parcel of real estate, railroad track, residence, place of business or any portion thereof, whether improved, unimproved, vacant or occupied. "Substantial risk" means any violation of Section 7-28-450 which, due to its nature, size, scope, reoccurrence or lack of remediation by the owner, poses a serious or ongoing threat to the environment or to the public health, comfort, safety or welfare of any person or of the community. The term "substantial risk" includes any serious threat that is present now or is expected to occur within a reasonably short period of time, even though the impact of the threat may not be felt until later. (b) Violations of Section 7-28-450 that pose a substantial risk to the public – Nuisance – Notice – City authorized to abate – Penalty – Costs. Any violation of Section 7-28-450 that poses a substantial risk to the environment or to the public health, comfort, safety or welfare of any person or of the community shall be a violation under this section and is hereby declared to be a public nuisance. Such public nuisance shall be subject to the notice and abatement provisions set forth in this section. Any person who violates any of the requirements of this subsection shall be subject to twice the amount of the fine that applies for violations of subsections (a) or (b) of Section 7-28-450, as applicable. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply. In addition to such fine, any person who violates this subsection shall be liable to the City for any and all costs and expenses incurred by the City in abating a nuisance under this section, plus a penalty of up to three times the amount of the costs and expenses incurred by the city in abating such nuisance. Such monies may be recovered in an appropriate action instituted by the Corporation Counsel or in a proceeding initiated by the Department of Streets and Sanitation or the Department of the Environment at the Department of Administrative Hearings. The penalties imposed by this subsection shall be in addition to any other penalty provided by law. (c) Notice to abate. If the commissioner determines that any violation of Section 7-28-450 poses a substantial risk to the environment or to the public health, comfort or safety of any person or of the community, the commissioner shall serve notice, in writing, upon the owner of the property on which such nuisance is occurring ordering such owner to abate the nuisance under this section by the date certain set forth in such notice or order and in the manner the commissioner may prescribe. If such owner fails to abate the nuisance under this section by the date certain set forth in such notice or order and in the manner the commissioner may prescribe or if the owner is unknown or cannot with due diligence be found, the applicable commissioner may proceed to abate the nuisance or seek to enjoin the nuisance. If a motor vehicle is the nuisance or a part of the nuisance, the commissioner shall serve notice, in writing, upon the last registered owner of the vehicle or owner of the lot where the vehicle is located ordering such owner to remove the vehicle by the date certain set forth the notice and informing such owner that if the vehicle is not removed by the date certain set forth in the notice or order, the commissioner is authorized to and may cause the vehicle to be removed and impounded. The notice or order required under this subsection shall be served on the owner, with or without a return receipt requested, (i) by first class mail or express mail or priority mail or certified mail or registered mail or by overnight carrier or express courier service at the owner's residence address or, if the owner is a business entity, at any mailing address identified for its registered agent or at its principal place of business; or (ii) by personal service, including personal service upon an employee or agent of the owner at a place of business of the owner or otherwise if such service is reasonably calculated to give the owner actual notice; or (iii) if service cannot be made by either of (i) or (ii) above, by posting a copy of the order or notice on the front entrance of the building or other structure where the violation is found, or if the property is unimproved or fenced off, by posting a copy of the order or notice in a prominent place upon the property where the violation is found. (d) Emergency abatement. Nothing in this section shall be construed to prevent the city from acting without notice to abate a nuisance under this section, where such nuisance poses an imminent threat to the public health, safety or welfare or in the event of any other emergency. If emergency abatement under this section is required, the city may recover under Section 1-20-020 any and all costs associated with such emergency abatement. (e) Other requirements. Nothing in this section shall be construed to deny to any person any statutory or common law right to abate a nuisance or to prevent the city from seeking any or all remedies that may be provided by law. (Added Coun. J. 7-28-10, p. 97912, § 6; Amend Coun. J. 2-9-11, p. 112123, § 2; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 87; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 7)

Municipal Code of Chicago § 7-28-460 Substances that scatter in wind.

7-28-460 Substances that scatter in wind. No lime, ashes, coal, dry sand, hair, feathers, or other substance that may be scattered by the wind, shall be sifted through a sieve, agitated, or exposed. No mat, carpet, or cloth shall be shaken or beaten, nor any cloth, yarn, garment, material, or substance be scoured, cleaned, or hung, nor shall any business be conducted over or in any public way, or where particles set in motion therefrom will pass into any public way, or into any occupied premises. No usual or reasonable precaution shall be omitted by any person to prevent fragments or other substances from falling, or dust and light material from flying, into any public way or into any place or building from any building or structure while the same is being altered, repaired, or demolished. Any person who violates this section shall be subject to a fine of not less than $300.00 and not more than $1,000.00 for each offense. Each day that such a violation continues shall be considered a separate and distinct offense. (Prior code § 99-38; Amend Coun. J. 11-15-00, p. 46866, § 1)

Municipal Code of Chicago § 7-28-470 Refuse on roof or in areaway.

7-28-470 Refuse on roof or in areaway. It shall be unlawful for any person to place, throw, deposit, or cause to be placed, thrown, or deposited, any substance, papers, refuse, or other article, or any material, on the roof of any building, or in any light or air shaft, court, or areaway that will cause the dissemination of dust or odors, or be productive of a nuisance or a menace to the health, comfort, or safety of any person or of the community. No person in possession or control of any building shall permit or allow the deposit or accumulation on the roof of said building or in any light or air shaft, court, or areaway, of any waste material, refuse, or other object or thing that will cause a nuisance or be injurious to the health, comfort, or safety of any person or of the community. (Prior code § 99-39)

Municipal Code of Chicago § 7-28-480 Inspection of roofs and areaways.

7-28-480 Inspection of roofs and areaways. It shall be the duty of the commissioner of buildings or his authorized representative to make inspections at least twice each year of the roofs, light and air shafts, courts, and areaways of all buildings where he has reason to believe a nuisance exists or any of the regulations of this Code are being violated. It shall be the duty of the person in possession or control of any such building to allow the commissioner of buildings or his authorized representative entrance or access, at all reasonable times, to such building for the purpose of inspection or for the making of such records as may be necessary. (Prior code § 99-40)

Municipal Code of Chicago § 7-28-490 Roofers.

7-28-490 Roofers. It shall be unlawful for any person engaged in or conducting in the city the business of roofing of buildings, to throw dirt or roofing refuse from the roof of any building upon any public way or upon adjoining property while repairing or renewing roofs. (Prior code § 99-41)

Municipal Code of Chicago § 7-28-500 Removal of roofing refuse.

7-28-500 Removal of roofing refuse. Every person engaged in or conducting in the city the business of roofing of buildings, shall remove the dirt and roofing refuse from the roofs by lowering it in buckets or containers, or with ropes, pulleys, or other mechanical devices while repairing or renewing roofs. (Prior code § 99-42)

Municipal Code of Chicago § 7-28-510 Objects that may damage tires - Illegal to dump on public way.

7-28-510 Objects that may damage tires - Illegal to dump on public way. It shall be unlawful for any person to throw, dump or deposit upon any public way any glass article, broken glass, nails, tacks, sharp metal objects or other articles or material that may cause damage to rubber tires of motor vehicles. It shall be the duty of every owner or person in possession or control of any motor vehicle, the glass or metal parts from which are broken and dropped upon any public way, to promptly remove such broken glass and metal parts and restore the public way to a condition safe for automotive traffic. (Prior code § 99-42.1)

Municipal Code of Chicago § 7-28-511 Definitions.

7-28-511 Definitions. As used in Sections 7-28-511 through 7-28-519, the following terms and phrases shall be understood as having the following meanings: A. "Animal waste" means waste such as body parts, carcasses and bedding of animals that were exposed to infectious agents during research, production of biologicals, or testing of pharmaceuticals. B. "Biologicals" means, but is not limited to secretions, suctionings, excretions, exudates, and other body fluids which cannot be directly discarded into a municipal sewer system. C. "Blood" means human or animal blood and blood products, including but not limited to plasma, serum and material containing free flowing blood and blood components. D. "Board" means the Chicago Board of Health appointed by the mayor of the City of Chicago. E. "Commissioner" means the commissioner of the department of health of the City of Chicago. F. "Department" means the department of health of the City of Chicago. G. "Facility" means any site that produces, stores, treats, transports, hauls or disposes of infectious waste. H. "Infectious agent" means an organism that is capable of producing infection or infectious disease. I. "Infectious waste" means waste produced in connection with human or animal patient care and materials generated as a result of patient diagnosis, treatment, immunization, or the preparation of human remains for cremation or burial, that is contaminated with or may be contaminated with an infectious agent, and includes laboratory waste, pathological waste, isolation waste, blood, regulated fluids, sharps and animal waste. "Infectious waste" shall not include general refuse, such as food products and containers, packaging materials, and materials that are not used in connection with patient care. J. "Isolation waste" means all waste from the care or treatment of patients who are isolated to prevent the spread of communicable diseases except reverse protection isolation. K. "Laboratory waste" means cultures and stocks of infectious agents and associated biologicals including: human and animal cultures from medical and/or pathological laboratories; cultures and stocks of infectious agents from research, commercial or industrial laboratories; waste from the production of biologicals; discarded live and attenuated vaccines; culture dishes and other devices used to transfer, inoculate and mix cultures; and specimens of regulated body fluid. L. "Pathological waste" means human tissues, body parts and body organs that are removed during surgery and autopsy or other medical procedures. M. "Person" means any individual, partnership, company, corporation, association, firm, organization, trust or other legal entity, including any city, county, district, state or federal department or agency, located within the corporate limits of the City of Chicago. N. "Producer" means a person whose business or professional activities produce or generate infectious waste, including but not limited to medical facilities; laboratories; clinics; blood banks, whether mobile or freestanding; doctor's, dentist's or veterinarian's offices, or buildings; freestanding dialysis centers; nursing homes; extended care facilities; health maintenance organizations not located exclusively within a licensed hospital; and funeral homes and crematoriums. When more than one person (as defined in subsection M of this section) is located in the same building, each individual business entity is a separate producer under this ordinance. "Producer" does not include persons who produce infectious waste during self-treatment and family members, physicians or individuals associated with a visiting or home care service or organization, who administer or direct health care in a person's residence. "Producer" specifically does not include any licensed hospital facility located within the City of Chicago that is presently regulated by the Illinois Environmental Protection Act for the disposal of hospital wastes. O. "Regulated body fluids" means cerebrospinal fluids, synovial fluids, pleunal fluids, peritoneal fluids, pericardial fluids and amniotic fluids. P. "Sharps" means any discarded article used in animal care, patient care or medical, industrial or research laboratories, that may cause punctures or cuts. Sharps include hypodermic needles, tubings with needles attached, scalpel blades, syringes (with or without the attached needle), pasteur pipettes, blood vials, culture dishes that have been removed from their original sterile containers, and broken or unbroken glassware that has been in contact with infectious agents, such as used slides. Q. "Treatment" means a method, technique or process to treat infectious waste so as to render such waste innocuous, as authorized under Sections 7-28-511 through 7-28-519 and all applicable state and federal laws. (Added Coun. J. 9-12-90, p. 20461)

Municipal Code of Chicago § 7-28-512 Application.

7-28-512 Application. All persons regulated herein shall comply with the provisions of this ordinance, the rules and regulations promulgated thereunder, all other provisions of the City of Chicago Municipal Code applicable to medical wastes and all applicable federal and state laws, rules and regulations. Any licensed hospital facility located within the City of Chicago and presently regulated under the Illinois Environmental Protection Act and its applicable rules and regulations pertaining to hospital waste and disposal is specifically excluded from the application of this ordinance. (Added Coun. J. 9-12-90, p. 20461)

Municipal Code of Chicago § 7-28-513 Waste management.

7-28-513 Waste management. A. Segregation. All producers of infectious waste must segregate such waste as a separate waste stream from point of origin to transfer to a licensed hauler or disposed of in accordance with the provisions of Sections 7-28-511 through 7-28-519. All licensed haulers of infectious waste must package, contain, store, transport and dispose of in a manner that shall prevent any uncontrolled release of the waste materials. B. Containment. (1) Except as is otherwise provided in subdivision (3) of this subsection relating to the containment of sharps, infectious waste shall be contained and placed in disposable plastic bags which are impervious to moisture and of strength sufficient to preclude tearing, ripping or bursting under normal conditions of usage and handling. The bags shall be securely tied to prevent leakage or expulsion of waste during storage, handling and transport. (2) All bags used for the containment of infectious waste shall be in red in color and clearly labeled by the producer with the standard international biohazard symbol or with the words "Infectious Waste". (3) All sharps shall be contained in rigid, puncture-resistant containers which are taped closed or tightly enclosed to prevent loss of the contents. Rigid containers of sharp waste shall be red in color, clearly labeled by the producer with the international biohazard symbol or with the words "Infectious Waste", and placed, fully secured, in the labeled disposable bags used for other infectious waste. C. Storage. (1) All infectious waste shall be placed for storage or handling in pails, cartons, drums, dumpsters or portable bins used exclusively for the storage of such waste. Such a containment system shall be leakproof, have tight-fitting locked covers and be kept clean and in good repair at all times. Containers used for such storage shall be prominently labeled with either the standard international biohazard symbol or with the words "Infectious Waste" on the lids or sides so as to be readily visible. (Added Coun. J. 9-12-90, p. 20461)

Municipal Code of Chicago § 7-28-514 Treatment of infectious waste.

7-28-514 Treatment of infectious waste. All infectious waste shall be treated and disposed of in compliance with all statutory rules and regulations applicable to the disposal of hospital waste pursuant to the Illinois Environmental Protection Act and its implementing regulations. (Added Coun. J. 9-12-90, p. 20461)

Municipal Code of Chicago § 7-28-515 Transportation.

7-28-515 Transportation. A. A producer of infectious waste shall arrange for removal of its infectious waste with a hauler or transporter for off-site disposal who holds a special waste hauling permit issued by the Illinois Environmental Protection Agency, under its regulations Title 35, Subtitle G., Ch. 1, Subch. h, Part 809, et seq. B. No person other than a hauler or transporter holding a special waste hauling permit shall transport infectious waste off-site; provided, however, that a licensed physician or nurse may personally transport off-site medical waste not to exceed a total of six pounds to an approved infectious waste treatment or storage facility within the City of Chicago or county of Cook provided that all infectious medical waste is properly contained and identified while in transport and that such transport shall be completed within 12 hours from the time the waste was generated. C. No person except a physician or nurse as noted in subsection B shall transport infectious waste to any off-site facility for storage, treatment or disposal in any vehicle that does not display a registration number and seal as required by the Illinois Environmental Protection Act and applicable Illinois law and statutes. D. Each vehicle except vehicles used by a physician or nurse as noted in subsection B shall comply with the regulations adopted by the Illinois Department of Transportation, the United States Department of Transportation or the United States Environmental Protection Agency, whichever has jurisdiction, if applicable. E. Each vehicle, except vehicles used by a physician or nurse as noted in subsection B, used to transport infectious waste off-site for storage, treatment or disposal shall be labeled, marked and shall display placards or the standard biohazard symbols indicating that infectious medical waste is contained in the vehicle. This identification is for informational purposes only, and does not constitute an independently enforceable regulation with respect to labeling, marking and placarding requirements. The commissioner shall promulgate rules and regulations for the implementation and enforcement of these requirements. (Added Coun. J. 9-12-90, p. 20461)

Municipal Code of Chicago § 7-28-516 Management plan.

7-28-516 Management plan. A. Every person who generates or produces infectious medical waste shall prepare and maintain an infectious waste plan on file at its facility. B. Every person who transports, stores, hauls or disposes of infectious medical waste shall prepare and maintain an infectious waste plan on file at all of the facilities. C. These plans shall be made available to the commissioner or a person authorized by the commissioner, at the time of any inspection of the facility, or upon notice and demand. The commissioner shall promulgate rules and regulations for the implementation and enforcement of this program. (Added Coun. J. 9-12-90, p. 20461)

Municipal Code of Chicago § 7-28-517 Responsibilities and enforcement authority.

7-28-517 Responsibilities and enforcement authority. A. Rulemaking Authority. The commissioner, in conjunction with the board, shall adopt rules and regulations necessary for the administration of this ordinance. B. Regulatory Authority. When evidence of an alleged violation of any provision of this ordinance is presented to the commissioner, the commissioner, or any employee authorized by the commissioner shall serve upon the facility a written notice, informing the person(s) of the alleged violation(s). The owner or operator of the facility shall contact the department for an inspection of the site within five working days of the receipt of such notice of violation. Failure to do so will result in an inspection of the facility at a time and date determined by the department. C. Inspection. At any time of any inspection, and the presentation of credentials, the inspector may: (1) Enter upon the property or facility, public or private, for the purpose of taking any action authorized by this ordinance, including obtaining information and conducting investigations; and (2) Examine all documents related to compliance with this section subject to the Medical Practice Act or court order. (Added Coun. J. 9-12-90, p. 20461; Corrected. 11-28-90, p. 26324)

Municipal Code of Chicago § 7-28-518 Penalties.

7-28-518 Penalties. A. Any person who violates any provision of this ordinance or its rules and regulations, shall, upon conviction, be fined not less than $500.00 nor more than $1,000.00 for the first offense, not less than $1,000.00 nor more than $2,000.00 for the second offense, and not less than $2,000.00 nor more than $5,000.00 for a third or any subsequent offense. B. In the event infectious waste is found which has been disposed of in violation of this ordinance, the department of health shall take or direct all action necessary to insure proper disposal of such waste. Any person responsible for such improper disposal shall, in addition to the penalties specified above, be required to pay any and all costs incurred by the city to dispose of such waste. (Added Coun. J. 9-12-90, p. 20461; Amend Coun. J. 12-11-91, p. 10978; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

Municipal Code of Chicago § 7-28-519 Severability.

7-28-519 Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of the ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which said judgment shall have been rendered and to the person or circumstance involved. It is hereby declared to be the legislative intent of the city council that the ordinance would have been adopted had not such invalid provision or provisions been included. (Added Coun. J. 9-12-90, p. 20461)

Municipal Code of Chicago § 7-28-520 Additional penalty for violation of article.

7-28-520 Additional penalty for violation of article. In addition to other penalties cited in this chapter, if any person or business performing work under contract with the city is found guilty of violating the provisions of Sections 7-28-200 through 7-28-519 inclusive, the city may terminate the contract by giving written notice of the termination to the person or business. The contract shall be null and void upon delivery of such notice. (Prior code § 99-42.2; Added Coun. J. 7-29-86, p. 32488; Amended during Supplement No. 2, 4-91; Amend Coun. J. 3-6-96, 17618)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2641229Fetched: 10/24/2026