Chapter 8-16 GARBAGE

“Family unit” shall mean one or more persons occupying premises and living as a single housekeeping unit, whether or not related to each other by birth, adoption or marriage, but no unrelated group shall consist of more than five (5) persons, as distinguished from a group occupying a duly licensed rooming house.

“Garbage” means any rejected or household wastes from a family unit including food, offal, swill or carrion and every accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in, or storage of meats, fish, fowl, fruits or vegetables and any other matter of any nature, which is subject to decay, putrefaction and the generation of noxious or offensive gases or odor, or which during or after decay may serve as a breeding or feeding material for flies or other germ carrying insects.

“Household waste” means any of all of the following items discarded by a family unit: garbage, refuse, ashes, tin cans, bottles, cartons, books, newspapers, boxes and other trash, including discarded household furniture, furnishings, fixtures and appliances of all kinds, manure, dead animals or parts thereof, trees, tree branches, tree roots, tree trunks, brush, shrubs, grass clippings, plant stalks and leaves.

“Household waste container” means a can of galvanized iron or noncorrodible metal, rodent-proof and flyproof, durable and leakproof, of the type commonly sold as a garbage can, of a suitable gauge and construction to insure durability, with suitable handles on can and lid, and a capacity of not less than ten (10) gallons and not more than thirty-one (31) gallons.

“Waste” means any unwanted materials that are discarded after primary use or are worthless or of no use and that are thrown away and intended to be removed from the premises.

“Waste disposal firm” means any person engaged in the business of removal and disposal of waste as defined herein. (Ord. 3426 § 1, 2021; prior code § 7-4-1)

8-16-020 Ragpickers and collectors.

No person unless licensed shall be permitted to get or collect or remove from any street, alley or other public place any garbage and household waste, as defined in Section 8-16-010, or to interfere with or disturb any of the receptacles for garbage or other refuse provided for by the provisions of this chapter, or to remove therefrom any of the contents thereof. (Prior code § 7-4-2)

8-16-030 Supervision.

All matters relating to or affecting the accumulation, collection, removal or disposal of waste, unless specifically otherwise assigned by the administrative discretion of the superintendent of public works, shall be subject to and under the supervision of the superintendent of public works. (Prior code § 7-4-3)

8-16-040 Collection.

For the purposes of fulfilling the requirements of this chapter, the superintendent of public works is authorized and directed to cause all garbage and household waste, as defined in Section 8-16-010, to be collected regularly and systematically at least once each seven days, except as otherwise provided in this code. (Prior code § 7-4-4)

8-16-050 Accumulation of wastes.

A. No person shall permit any garbage and household waste to accumulate on his premises except in covered waste containers or except as otherwise provided in this chapter.

B. All commercial establishments and all apartments or other buildings occupied by more than three family units shall remove or cause to be removed all garbage at least once each seven days, or more often if necessary to protect the health and safety of the inhabitants of the city. (Prior code § 7-4-5)

8-16-060 Containers required.

Every person in possession of any premises where persons reside shall provide for each family unit residing therein, and at all times maintain in good order and repair, a sufficient number of waste containers for a weekly accumulation of normal waste. Every person in possession of any waste produced in or on, or brought into or on, such premises, as soon as practicable after same is produced or brought therein or thereon, except as otherwise provided in this chapter, shall remove said waste and place the same in the waste containers provided for each family unit. (Prior code § 7-4-6)

8-16-070 Maintenance of containers.

All household waste containers shall be as defined in Section 8-16-010 and no other type of container shall be acceptable. Filthy, leaking or defective receptacles shall be cleaned, repaired or replaced as directed by the superintendent of public works. All containers shall be disinfected with an effective antiseptic solution as often as is necessary to maintain them in a sanitary condition. Evidence of neglect of these requirements or unsafe containers shall be determined by the superintendent of public works. (Prior code § 7-4-7)

8-16-080 Garbage to be drained.

It is the duty of every person in possession of any commercial establishment family unit or other building housing more than a family unit to cause all garbage brought on or produced on the premises to be thoroughly drained of all surplus liquid, securely wrapped in paper or packed in a covered box or carton of such dimensions as will permit its free passage into and out of the waste container, and finally deposited, after such wrapping, in such waste container, as soon as practicable after the waste is produced or brought therein or thereon. Household waste containers to which garbage is frozen through failure to observe these regulations and all containers which are other than as specified in this chapter will not be serviced by the waste disposal crews of the city. (Prior code § 7-4-8)

8-16-090 Location of containers.

A. It is the duty of every person in possession of any premises for which a household waste container is provided to place the same at a location designated by the superintendent of public works or his representative in order that the same may be conveniently and economically serviced. It is unlawful for any person to place such waste container on the parkway except on those days when the garbage is to be removed by the city. In all cases when such a waste container is placed on the rear of a lot for the purpose of having its contents removed, it shall be entirely within the lot line, and when it is placed at the curb line, it shall be adjacent to the curb.

B. Any container that is used by a commercial establishment for waste collection and removal shall be located on a part of the premises that does not face a street; provided, however, that if it is necessary to place such container in an otherwise prohibited location in order to allow for waste removal, then such container shall be shielded from view from the street by means of a fence, screen or partition made of wood or another opaque material. (Ord. 3426 § 2, 2021; prior code § 7-4-9)

8-16-100 Inspection of containers.

All household waste containers shall be subject to inspection and approval or condemnation by the superintendent of public works. (Prior code § 7-4-10)

8-16-110 Removal and disposal of waste.

No garbage shall be burned, dumped or buried except upon written permit of the superintendent of streets and as he may direct in conformity with recognized sanitation practices. In all cases in which waste is removed and disposed of by persons other than city personnel or a licensed waste disposal firm, it shall be done under the supervision of the superintendent of public works or his representative. (Prior code § 7-4-11)

8-16-120 Disposal of wastes—Exceptions.

A. Waste papers, dead leaves, grass clippings, tree trimmings and other wastes from any vegetation may be burned upon the lot or parcel of ground upon which such waste has accumulated, if proper precautions are taken to prevent the spread of fire, and provided that there is a person over sixteen (16) years of age assigned to watch such fire at all times, and provided further that no nuisance is created by such fire. There shall be no burning of waste papers, dead leaves, grass clippings, tree trimmings and other wastes from any vegetation on any public streets of the city, nor shall such burning be permitted in the public alleys of the city.

B. Garbage and other combustible wastes may be disposed of within the building where it is accumulated or within a closed building accessory thereto situated on the same premises, by complete incineration of such garbage or waste in such manner as to create no noxious odors, smoke or other nuisance, or by grinding or shredding such waste finely and disposing of it through pipes leading to a public sanitary sewer. All garbage or combustible matter disposed of in pipes leading to a public sanitary sewer shall have been ground or shredded to such a degree that all particles are carried freely under the flow conditions normally prevailing in the sewers into which such is deposited, with no particle greater than one-half inch any dimension. All incinerators or grinders used for such disposal of wastes shall be approved by the superintendent of public works. (Ord. 1875, 1970; prior code § 7-4-12)

8-16-130 License fees.

A. No person, operating as a waste disposal firm, scavenger or otherwise, unless contracting directly with the city as its waste disposal contractor, shall remove waste from any residential, institutional or commercial premises or transport waste through the streets, alleys or public ways or dump, incinerate or in any other manner dispose of waste or contract for or permit himself or itself to be employed or engaged for any such removal, transportation or disposal, without first having secured a license for performing such waste disposal service from the clerk, evidencing the payment of the following annual license fee:

B. For waste collection and disposal service to commercial establishments and to premises with three or more family units: four hundred dollars ($400.00). The number of commercial waste collection and disposal service companies to serve commercial establishments within the city shall be limited to the need of the city, as determined by the city council. (Ord. 2370 § 1, 1985; Ord. 2144, 1978; Ord. 2102, 1977)

8-16-140 Information to be filed.

A. Before issuing the license required by Section 8-16-130, the superintendent of public works shall require the execution of an application form, to be furnished by him, showing the name of the person to be licensed, or in the case of a corporation, the names of the principal officers, together with the business and home addresses, and telephone numbers, of each such person; description of the equipment to be used in such collection, transportation and disposal; the list by names and addresses of persons for whom such removal is made; the specifications of the vehicle in which the waste is to be transported; the site location of and the manner in which the ultimate disposition of the waste is to be accomplished.

B. All licenses herein required shall be due on the first day of May of each year and shall expire on the thirtieth day of April following the date of issuance, and when issued for a period of less than six months the fee to be paid shall be one hundred fifty dollars ($150.00) and when such license is issued for a period of excess of six months the fee therefor shall be three hundred dollars ($300.00). (Prior code § 7-4-14)

8-16-150 Transporting waste.

No person shall transport waste, or cause waste to be transported, over the streets or other public ways unless such waste being transported over or along the streets or other public property is transported in a liquid-tight bed approved by the superintendent of public works. (Prior code § 7-4-15)

8-16-160 Schedule of fees.

A schedule of the fees charged by every licensed waste disposal firm shall be on file at the city hall and shall require the approval of the superintendent of public works, based upon the provisions of this chapter, before becoming effective. (Prior code § 7-4-16)

8-16-170 Family units—Commercial, school and industrial establishments.

Buildings containing more than three family units and commercial, school and industrial establishments shall not have waste removed by the city, except with the approval of the superintendent of public works, and only when such removal is deemed to be to the best interest of the city. (Prior code § 7-4-17)

8-16-180 Special services.

A. If the amount of waste accumulation by any family unit shall include in any monthly period in excess of three cubic yards of trees, tree branches, tree roots, tree trunks, brush or shrubs, or shall include in any weekly period in excess of five bushels of building material debris, any such excess waste may be removed by a licensed private contractor, who shall be entitled to charge fees not to exceed the following for such excess waste:

1. One dollar and twenty-five cents ($1.25) per cubic yard of trees, tree branches, tree roots, tree trunks, brush and shrubs;

2. One dollar and seventy-five cents ($1.75) per cubic yard for each cubic yard of building material debris.

B. Wastes accumulated from the operation of lot cleaning or clearing and building contractor’s waste caused by building, rebuilding or otherwise altering a building or structure, in excess of the amounts picked up weekly by a waste disposal contractor, shall be removed by the person or building contractor performing such work.

C. All fees due the duly authorized waste disposal contractor for the special service, and beyond that specified as regular service herein, shall be collected directly by such contractor. (Prior code § 7-4-18)

8-16-190 Exception.

An industrial establishment may make its own arrangements with its own scavenger firms for purposes of disposing of industrial waste without consideration of the provisions provided in this chapter. (Prior code § 7-4-19)

8-16-200 Charges and bills.

A. The monthly charge for refuse, yard waste, recyclable and bulk items material collection service within the corporate limits of the city shall be:

1. Single-family dwellings: current rate charged to city of Harvey by garbage subcontractor. If contractual rate increases with the city of Harvey, the resident will be required to pay same.

2. Two (2) family dwellings: current rate charged to city of Harvey by garbage subcontractor. If contractual rate increases with the city of Harvey, the resident will be required to pay same.

3. More than two (2) units require a private scavenger.

B. Residential garbage collection fees shall be paid by the owner or occupant of the premises receiving service.

C. The ordinance codified in this section shall take effect on September 1, 1992 and fees for the collection of garbage from residences containing three or fewer family units shall accrue from and after that date.

D. The fee for garbage collection service imposed by this section shall remain in effect between September 1, 1994, and August 31, 1995. Upon August 31, 1995, the fee for residential garbage collection shall terminate, unless the city council acts prior to that date to reenact the fee. (Ord. 3253A § 1, 2011; Ord. 3217, 2008; Ord. 2903 § 2, 1994; Ord. 2850 §§ 1, 2, 1993; Ord. 2797, 1992)

8-16-210 Separation of landscape waste required.

A. Occupants of residential dwelling units which receive city garbage service shall be required, commencing on July 1, 1990, to separate landscape waste from the remaining solid waste collected by the city.

B. The landscape waste referred to in subsection A of this section shall be separately bagged and deposited for pick-up by a contractor authorized by the city on such scheduled pick-up days and times as are provided for by the superintendent of public works. The schedule regarding such pick-up shall be published in a newspaper of general circulation within the city.

C. Any occupant who fails to comply with the terms of the ordinance codified in this section shall, after receiving notice of violation, be fined twenty-five dollars ($25.00) upon conviction for each such violation. (Ord. 2672 §§ 1—3, 1990)

8-16-220 Refuse removal from residential occupancies.

A. Each single-family residential dwelling unit using city garbage service shall be permitted to place in the alley or other suitable location designated by the city the following volume of garbage:

Two ninety-five-gallon cans or their equivalent volume:

B. Each multifamily residential building using city garbage service shall be permitted to place in the alley or other suitable location designated by the city the following volume of garbage for each dwelling unit which is occupied:

Two ninety-five-gallon cans or their equivalent volume. (Ord. 2568 § 1 (part), 1988)

8-16-230 Charge for removal of excess refuse.

A. The commissioner of the department of public works is authorized to collect fees for the removal of excess refuse or garbage from occupancies which are entitled to city collection service under this code in accordance with the following schedule:

Minimum collection fee; less than nine cubic yards	$25.00
More than nine cubic yards, but less than eighteen (18) cubic yards	$40.00
Eighteen (18) cubic yards (one truck load)	$68.00

B. Any fees collected under this section shall be deposited into the corporate fund of the city. (Ord. 2573 § 1, 1988)

8-16-240 Violations—Penalties.

Persons permitting an accumulation of garbage in violation of Section 8-16-220 shall be fined, upon conviction thereof, not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each violation. Each day such violation continues shall be deemed a separate and distinct offense. Any person convicted of a violation of this section may also be sentenced to a period of community service in accordance with the guidelines established by the circuit court of Cook County. (Ord. 2568 § 1 (part), 1988)