§ 10-8-480

Casting refuse and liquids

a.

It shall be unlawful for any person, in person or by his agent, employee or servant to cast, throw, sweep, sift or deposit in any manner in or upon any public way or other public place in the city, or in or upon the waters of Lake Michigan, or any river, canal, public water, drain, sewer or receiving basin within the jurisdiction of the city, any kind of litter. Nor shall any person cast, throw, sweep, sift or deposit any litter anywhere within the jurisdiction of the city in such manner that it may be carried or deposited, in whole or in part, by the action of the sun, wind, rain or snow, into any of the aforementioned places.

b.

For purposes of this section, the term “litter” includes but is not limited to the following: (1) picnic or eating utensils, such as paper plates, cups, napkins, towels, plastic utensils, metal foil, cellophane, wax paper, paper bags, or any food wrappings; (2) liquid or beverage containers such as beer, soft-drink, and juice cans, beer, soft-drink, liquor and wine bottles, and milk or juice cartons; (3) tobacco and confection wrappers, such as cigarette packages, candy, ice cream, popsicle, gum or any other type of dessert or confection wrapping or container; (4) food wastes, such as fruit or vegetable peelings, pulp, rinds, leftovers or any other type of table wastes; (5) newspapers, books, placards, handbills, pamphlets, circulars, notices or papers of any type; (6) or any other type of rubbish, garbage, refuse matter, article, thing or substance such as discarded clothing, boxes, dust, manure or ashes.

c.

(1) Any person 17 years of age or older who throws litter upon a public way from a moving, standing or parked vehicle shall be fined as provided in subsection (e) of this section.

2.

In addition to a fine imposed pursuant to subsection (e) of this section, a motor vehicle that is used in the violation of this subsection (c) may be seized and impounded pursuant to this subsection (c).

3.

Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this subsection (c) and rules adopted by the superintendent of police, the police officer shall provide for the towing of the vehicle to a facility controlled by the city or its agents.  When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner’s right to request a preliminary hearing to be conducted under Section 2-14-132 of this Code.

4.

Section 2-14-132 of this Code shall apply whenever a motor vehicle is seized and impounded pursuant to this subsection (c).

d.

Provided, that this section shall not apply to the deposit of material under a permit authorized by any ordinance of the city; or to goods, wares, or merchandise deposited upon any public way or other public place temporarily, in the necessary course of trade, and removed therefrom within two hours after being so deposited; or to articles or things deposited in or conducted into the city sewer system through lawful drains in accordance with the ordinances of the city relating thereto.

e.

Any person violating this section shall be fined not less than $150.00 nor more than $1,500.00 for each offense.

(Prior code § 36-46; Amend Coun. J. 12-4-02, p. 99931, § 7.4; Amend Coun. J. 9-11-13, p. 58821, § 1)

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