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Title 5 Health and Sanitation
NUISANCES AND GENERAL HEALTH REGULATIONS SECTION: 5-1-1: Prohibited Acts 5-1-1: PROHIBITED ACTS: It shall be unlawful to commit or do any act which endangers the public health or results in annoyance or discomfort to the public. 5-1-2: OBSTRUCTING OR POLLUTING WATERCOURSES: It shall be unlawful and a nuisance for any person to obstruct or pollute any watercourse or source of water supply in the City. 5-1-3: STAGNANT POOLS OF WATER: Any stagnant pool of water in the City is hereby declared to be a nuisance. It shall be unlawful for any person to permit any such nuisance to remain or exist on any property under his or its control. 5-1-4: DENSE SMOKE: A. It shall be unlawful to cause or permit the emission of dense smoke from any fire, chimney, engine, oil burner or any other agency in the City so as to cause annoyance or discomfort to the residents thereof. B. For the purpose of testing and grading the density of smoke, the Ringelmann Smoke Chart as published and used by the United States Geological Survey shall be and is hereby adopted as a standard for such grading, and smoke shall be and is hereby defined as and declared to be dense when it is of a degree of density of number three (3) of said chart, or greater, for more than six (6) minutes in any one hour, whether such period of time is consecutive or not. 5-1-5: NUISANCES; ABATEMENT: It shall be unlawful for any person to permit or maintain the existence of any nuisance on any property under his, her or its control. The Chief of Police and the County Health Department are each hereby authorized to abate any such nuisances existing in the City, whether such nuisances are specifically recognized by ordinance or not. 5-1-6: PENALTY: Any person violating any of the provisions of this Chapter shall be subject to penalty as provided in Section 1-4-1 of this Code. NUISANCES AND GENERAL HEALTH REGULATIONS ARTICLE A. GARBAGE, REFUSE, WEEDS AND JUNKED VEHICLES SECTION: 5-1A-1: Title 5-1A-1: TITLE: This Article may be cited and referred to as the GARBAGE, REFUSE, WEEDS AND JUNKED VEHICLE CODE OF THE CITY OF PEKIN. 5-1A-2: DEFINITIONS: Whenever any words or phrases used in the Article are not defined in this Section, such words shall be given their usual, customary meaning. AGENT: A person, firm, corporation, association or organization that acts for or in place of another person or authority for an owner or his or her representative or employee. The term "agent" shall also mean any person, firm, corporation or organization that has the immediate responsibility for the maintenance of property, but does not own the property. AUTHORIZED PRIVATE RECEPTACLE: A litter storage and collection receptacle as required and authorized by this Article. DUMPSTER: A metal refuse container of one cubic yard or more in volume with an attached lid designed for handling by mechanical means. GARBAGE: This word shall include and mean all accumulations of animal, fruit or vegetable matters that attends the preparation, use, cooking and dealing in, or storage of, meats, fish, fowl, fruit, vegetables and any other matter, of any nature whatsoever, which is subject to decay and which may be a food source for rodents and putrefaction and the generation of noxious and offensive smells or odors, or which, during and after decay, may serve as breeding or feeding material for flies and/or other germ-carrying insects; bottles, cans or other food containers which, due to their ability to retain water, can serve as a breeding place for mosquitoes, other water-breeding insects and rodents. It includes rejected household food waste, offal, pet feces, swill and carrion. JUNKED MOTOR VEHICLE or DISABLED MOTOR VEHICLE: Any vehicle, including trailers, recreational vehicles and boats, which are without currently valid license plates, or are in either substantially wrecked, discarded, dismantled, inoperable or abandoned condition. LITTER: "Garbage" or "refuse" and "rubbish", as defined in this Section, and all other waste material which, if thrown, deposited, or allowed to exist, is prohibited by this Article. MULTI-FAMILY DWELLING: A residence, other than a townhouse, designed for and/or occupied by two (2) or more families, each living independently of each other in a separate dwelling unit. NEWSPAPER: Any newspaper of general circulation as defined by general law; any newspaper duly entered with the Post Office Department of the United States, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law, and, in addition thereto, any periodical or current magazine regularly published and sold to the public. NUISANCE: Any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located. OWNER: Any person who alone, jointly or severally with other: A. Has legal or equitable title to any premises, dwelling, dwelling unit or building (residential or nonresidential) with or without accompanying actual possession thereof; or B. Has charge, care of control of any premises, dwelling, dwelling unit or business building as agent of the owner or as executor, administrator, trustee or guardian of the estate of the beneficial owner. PRIVATE PREMISES: Any dwelling, house, building or other structure designated or used either wholly or in part for private residential or commercial purposes, whether inhabited or vacant, and any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure. PUBLIC PLACE: Any and all streets, sidewalks, boulevards, alleys and other public ways and any and all public squares, spaces, grounds and buildings. RAT PROOF: A form of construction which will prevent the entrance and exit of rats, mice and other rodents to and from a given space or building. REFUSE: All putrescible and non-putrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings and solid market and industrial wastes. RUBBISH: Non-putrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, metal can, yard clippings, dead trees, tree limbs, wood, glass, bedding, crockery, abandoned, discarded or unused objects or equipment such as furniture, stoves, refrigerators, cans or containers and similar materials. However, rubbish shall not include wood and other materials that are stored and used for fuel. TOWNHOUSE: A group or row of two (2) or more attached, single-family dwelling units extending from the basement to the roof, where each dwelling unit is under separate ownership. VEHICLE: Every device in, upon or by which any person or property is or may be transported or drawn upon a highway or used for recreational purposes. WEEDS: All grasses, annual plants and vegetation other than trees or shrubs which exceed a height or length of eight inches (8"); provided, however, that this term shall not include cultivated flowers and gardens. 5-1A-3: LITTER: (See also Chapter 2, Article A of this Title and Section 6-2-10-8 of this Code.) 5-1A-3-1: DECLARED NUISANCE: All litter as defined in Section 5-1A-2 hereof is hereby declared to be a public nuisance. A. Litter Storage Unlawful: It shall be unlawful for any owner, person, association, firm, corporation or organization to store, dump, place, leave or allow to accumulate any refuse, garbage or rubbish in any structure or upon any property, improved, occupied or vacant, or any alley, street, roadway, parkway or waterway in the City, unless necessary for the operation of a business enterprise lawfully conducted herein. B. Disposal of Litter: No refuse, garbage and rubbish referred to in this Article shall be disposed of in any public landfill or place within the City in any manner or place other than as prescribed or approved by the Mayor of the City or his authorized representative. C. Removal of Litter: It shall be unlawful for any person occupying or controlling any lot, building or construction site or any real estate of any kind whatsoever or any part thereof, including apartments or tenements, to fail to remove therefrom, before vacating the same, all garbage, ashes, refuse, rubbish and other waste. D. Placement of Litter in Receptacles: 1. No person shall throw or deposit litter in or upon any street or sidewalk, except in public receptacles or in authorized private receptacles for collection. (Ord. No. 2323 2/24/03) 2. Person placing litter in public receptacles or in authorized private receptacles shall do so in such manner so as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place. E. Sweeping Litter into Gutters, Streets, etc., Prohibited Generally: No person shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. F. Litter on Private Premises Prohibited: 1. No person shall throw or deposit litter on any private premises within the City, whether owned by such person or not, except in authorized, private receptacles for collection. A. Number and Capacity of Litter Containers: Every dwelling and building, residential or otherwise, must have litter containers of sufficient number and capacity to accommodate and contain all litter generated and accumulated by occupants of the dwelling or business building. B. Responsibility for Maintenance of Litter Containers: 1. The occupant or occupants of any single-family dwelling unit must supply and maintain, at all times, a ratproof and watertight container for all litter, except rubbish. Rubbish, if not stored in a ratproof and watertight container, must be stored separately in plastic bags, except those items too large to be stored therein. 2. In multi-family dwellings of less than five (5) such units, the owner must supply and maintain, at all times, a ratproof and watertight container for all litter, except rubbish. Rubbish, if not stored in a ratproof and watertight container, must be stored separately in plastic bags, except those items too large to be stored therein. 3. In multi-family dwellings consisting of five (5) or more individual dwellings units and in nonresidential buildings, the owner must provide a dumpster for all litter that is ratproof and watertight. However, if this requirement cannot be met because the nature or size of the property does not permit the placement or removal of a dumpster, the owner may petition the Code Enforcement Officer or his designee for an exception; provided, that such exception can be granted without substantial detriment to the public good and without impairing the general purpose and intent of this Article. C. Use of Litter Containers: 1. It shall be the responsibility of every occupant of a single-family dwelling to keep containers, whether they be garbage cans, dumpsters or other containers, tightly covered or sealed, except when momentarily opened to receive or remove litter. 2. In multi-family dwellings and commercial establishments, the owner or his agent must keep containers, whether they be garbage cans, dumpsters or other containers, tightly covered or sealed at all times, except when momentarily opened to receive or remove litter. 1. This subsection applies solely to single family dwellings and multi-family dwellings of less than five (5) units. 2. All litter containers must be stored (a) inside an enclosed structure; or (b) in the rear yard; or (c) in the side yard. 3. Beginning September 1, 2006, all litter containers placed for pick up must be compatible with the City’s waste collection vehicles and their lifter systems, and must meet the specification promulgated by the Director of Public Property from time to time. 4. When placed for pick-up, litter containers must be placed at or near the alley lot line (if permitted by the City) or curb line where the pick-up occurs. Litter containers placed at the curb line for pickup may be so placed for a period not to exceed twenty-four (24) hours. (Ord. No. 2381 07/26/04) E. Disturbing Containers: It shall be unlawful for any person, other than the owner, occupant, tenant or members of their families, or a any container for garbage, rubbish, refuse, ashes or wastes, or to remove, displace, injure, deface, destroy, uncover or in any scavenger employed or licensed by the City, or the owner's agent, employees or servants to deposit any article, substance or thing in manner disturb such container or any litter that is placed on curb line or alley lot line for collection. F. Prices for the Purchase of Litter Containers: 1. The City shall offer for purchase by the citizens of Pekin litter containers compatible with the City’s waste collection vehicles for the following prices: 95 gallon container: $60.00 Such prices shall include assembly of the litter containers and delivery of the same to the citizen’s residence. (Ord. No. 2487 08/14/06) (Ord. No. 2627 09/13/10) 5-1A-3-4: ENFORCEMENT; ABATEMENT; VIOLATIONS AND PENALTIES: A. Enforcement of Provisions; Notice to Remove Litter from Lots with Occupied Structures: 1. It shall be the duty of the Code Enforcement Officer and the Police Department to enforce the provisions of this Section 5-1A-3 and to notify persons violating the same to remove the litter from occupied buildings or structures within forty eight (48) hours from the date of the service of the notice. 2. Notice shall be given by means of personal service of a copy of the complaint or by certified or registered mail of a copy of the complaint which is addressed to the residence or usual place of business of the owner or person in control of the private property. Personal service shall be made by any inspector of the Code Enforcement Officer or the Police Department or any person authorized by law to make personal service. B. Notice to Remove Litter on Vacant Lots and on Lots with Vacant Buildings or Structures: 1. The Code Enforcement Officer shall cause to be published in a newspaper of general circulation within the City during the months of May and August each years, once a week for two (2) consecutive weeks, a notice notifying all owners, occupants and other persons interested in any tract or tracts of real estate located in the City whereupon no structures are located and on lots whereupon there are located vacant buildings or structures that the permitting of litter to accumulate on such tract is contrary to the ordinances of the City. The notice shall further inform such persons that should litter accumulate during the year, then the City may remove same without further notice, and the cost to the City shall be paid by the owners, occupants or other persons interested in the tract. 2. The notice required by this Section shall be a display advertisement and not a classified advertisement. It shall be at least two (2) columns wide by four inches (4") in length. C. Litter Removal by City: 1. On lots or tracts with occupied structures, the City may dispose of litter dangerous to the public health, safety or welfare within forty eight (48) hours after the proper individual has received written notice provided for in this Code. If the notice provided for is returned to the United States Post Office because of its inability to make delivery thereof, the Code Enforcement Officer is (Ord. No. 2323 2/24/03) hereby authorized and empowered to dispose of such litter. 2. On lots or tracts without any structures and on lots whereupon there are located vacant buildings or structures, and the owners, occupants or other persons interested have failed to comply with the published notice provided for in this Code, the City may proceed to have the litter removed. 1. The cost and expense of removing and disposing of such litter from private property shall be recoverable from the owner or owners of the real estate and is a lien thereon, which lien shall be superior to all prior existing liens and encumbrances, except taxes; provided, however, that within ninety (90) days after completion of the removing and disposing of such litter, the Code Enforcement Officer shall file with the County Recorder of Deeds a notice of lien for the cost and expense incurred by the City, which notice shall include the cost and expense incurred by the City, which notice shall include the cost of removal, plus $25.00 for administrative expenses incurred by the City, plus any fee charged by the Recorder of Deeds for recording the lien and the release of lien. Upon payment of all amounts described in the lien, the Code Enforcement Officer shall file a release of such lien in the office of the Recorder of Deeds of Tazewell County. (Ord. No. 2323 2/2/4/03) 2. The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics' liens. Suit to foreclose this lien shall be commenced by the Corporation Counsel within three (3) years after the date of filing of notice of lien. 3. If payment of the City's cost of removing and disposing of the litter is not paid to the City within fifteen (15) days of the filing of the notice of the lien, the Corporation Counsel may also commence proceedings in the Circuit Court seeking a personal judgment from the owner of the subject property in the amount of said costs. The action authorized by this subsection shall be in addition to and without waiver of any other remedies. E. Violation and Penalty: 1. It shall be unlawful for any owner or person in control of any property to allow or permit the accumulation or placement of litter on any private premises or vacant lot. The owner or person in control of any private premises or vacant property shall at all times maintain the private premises or vacant property free of litter; provided, however, that this Section shall not prohibit the storage of litter in authorized private receptacles for collection. 5-1A-4-1: NUISANCE DECLARED: All weeds as defined in Section 5-1A-2 hereof declared to be a public nuisance. 5-1A-4-2: GROWTH PROHIBITED: It shall be unlawful for any person owning, leasing, occupying or controlling any plot of ground in the City to permit the growth of weeds thereon. No person shall permit the growth of weeds in the sidewalk and City right of way in front of and/or surrounding their premises. It shall further be unlawful for any owner, person, association, firm or organization owning or occupying real property bordering on any street, alley, roadway, parkway or waterway in the City to permit the growth of weeds on any such street, alley or ways. 5-1A-4-3: ENFORCEMENT OF PROVISIONS; NOTICE TO ABATE: A. Lots with Occupied Buildings or Structures: 1. It shall be the duty of the Code Enforcement Officer and Police Department to enforce the provisions of this Article and to notify persons violating the same to cut or destroy the weeds located on lots with occupied buildings or structures located thereon within five (5) days from the date of service of the notice, and upon failure of the owner, tenant or occupant to comply with the notice, the proper officials shall proceed to cut or destroy the weeds. 2. Notice shall be given by means of personal service of a copy of the complaint or by certified or registered mail of a copy of the complaint which is addressed to the residence or usual place of business of the owner or person in control of the property. Personal service shall be made by a City employee or any person authorized by law to make personal service. B. Vacant Lots and on Lots with Vacant Structures: 1. The Code Enforcement Officer shall cause to be published in a newspaper of general circulation within the City during the months of May and August in each year hereafter, once a week for two (2) consecutive weeks, a notice notifying all owners, occupants and other persons interested in any tract or tracts of real estate located in the City whereupon no structures are located or structures which are vacant permitting weeds taller than eight inches (8") to grow on any such tract is contrary to the ordinances of the City. The notice shall further inform such persons that should the weeds grow to more than eight inches (8") during the year, then the City may cut or destroy same without further notice and the cost to the City shall be paid by the owners, occupants or other persons interested in the tract. 5-1A-4-4: WEED CUTTING BY CITY: A. Upon failure of the owner, tenant, occupant or other interested person of lots with the occupied buildings or structures to comply with the notice to cut or destroy the weeds within five (5) days from the date of the service of the notice provided for herein or in the case of a tract of real estate without any structures located thereon or upon which there are vacant structures, said persons have failed to comply with the published notice provided to have the weeds cut or destroyed. B. If the notice provided for is returned to the United States Post Office because of it inability to make delivery thereof, the responsible City Officials are hereby authorized and empowered to cut or destroy such weeds. 5-1A-4-5: LIEN, PERSONAL JUDGMENT: B. The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics' liens. Suit to foreclose this lien shall be commenced by the Corporation Counsel within three (3) years after the date of filing the notice of lien. C. If payment of the City's costs of cutting or destroying the weeds is not paid to the City within fifteen (15) days of the filing of the notice of lien, the Corporation Counsel may commence proceedings in the Circuit Court seeking a personal judgment from the owner of the subject property in the amount of said costs. The action authorized by this shall be in addition to, and without waiver of, any other remedies. A. Anyone convicted of a violation of this Article shall, in addition to the costs hereinafter set forth in Section 5-1A-4-5, be punished by a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) for each offense. Each day that there is a violation shall constitute a separate offense. (Ord. No. 2323 2/24/03) 5-1A-5: JUNKED OR DISABLED VEHICLES: 5-1A-5-1: NUISANCE DECLARED: The parking or storing of junked or disabled motor vehicles and the storing or allowing to remain in the open of motor vehicle bodies, parts, equipment, motors and materials is hereby declared to constitute a public nuisance. 5-1A-5-2: VEHICLES AND PARTS, STORAGE OF: A. Junked or disabled motor vehicles may not be parked, stored or left in the open on public property or upon open, private land not enclosed by garage or carport and in view of the general public for a period of more than seven (7) days in any one calendar month, unless it is necessary for the operation of a business enterprise lawfully conducted thereon. Further, any junked or disabled motor vehicle may not be parked, stored or allowed to remain for any period of time on any public or private land if same jeopardizes the public safety by either creating an unsafe condition or significantly hindering the efficient movement of traffic. B. The storing, placing or allowing to remain in the open on public property or upon open, private land not enclosed by garage or carport and in view of the general public of motor vehicle bodies, parts, equipment, motors and materials for a period of more than seven (7) days in any one calendar month is hereby prohibited unless necessary for the operation of a business enterprise lawfully conducted thereon. C. It shall be unlawful for any owner or person in control thereof to store or allow to remain left in the open on public property or upon open, private land not enclosed by garage or carport and in view of the general public for a period of more than seven (7) days in any one calendar month, or for any period of time wherein said property should jeopardize the public safety by either creating an unsafe condition or significantly hindering the efficient movement of traffic, any junked or disabled motor vehicle or any body, part, equipment, motor and material. However, this shall not apply to anyone operating a business enterprise lawfully conducted on any private premises or vacant lot. A. It shall be the duty of the Code Enforcement Officer and the Police Department to enforce the provisions of this Article and to notify the owner or person in control of any private property of any violations of this Section 5-1A-5. B. Owners or persons in control of any private property shall remove junked or disabled vehicles, parked or stored in violation of this Section 5-1A-5, to a completely enclosed location on the property or otherwise remove the same from said property. Owners or persons in control of any private property must relocate any motor vehicle, bodies, parts, equipment, motors and materials, stored, placed or allowed to remain in the open to a completely enclosed location on the property or otherwise to remove the same from the premises. C. Notice of violations shall be given by any inspector from the Code Enforcement Officer or by any police officer of the Police Department or by any person authorized by law to make personal service of a copy of the complaint which is addressed to the residence or usual place of business of the owner or person in control of the private property, and where notice as above provided cannot be made, the notice may be made by publication. 5-1A-5-4: REMOVAL BY CITY: A. Upon the failure of the owner of any property to comply with the notice to remove and dispose of any junked or disabled motor vehicle or any body, part, equipment, motor or material thereof within forty eight (48) hours of the service of notice, the City may proceed to remove and dispose of any junked or disabled motor vehicle or any body, part, equipment, motor and material thereof. B. Upon the seizure and/or towing of any junked or disabled motor vehicle or any body, part, equipment, motor or material thereof, the owner of said property shall by afforded a prompt post-seizure hearing before the Corporation Counsel, or his designated representative; at which hearing, the owner will have an opportunity to contest the seizure and/or tow prior to the disposal thereof. Further, the City must make a showing of probable cause for said seizure prior to the disposal or demolition of said property. Should the Corporation Counsel, or his designated representative, determine that the seizure of said property was without probable cause, said property shall be returned to the owner thereof; otherwise, the City may proceed to dispose of said property; provided, however, at the time of said hearing, the Corporation Counsel, or his designated representative is empowered or authorized, after consultation with the Chief of Police or the Code Enforcement Officer as the case may be, to make any suitable disposition of said property other than the sale of demolition thereof. A. Subject to the provisions of Section 5-1A-4-5 hereof, the cost and expense of removing and disposing of junked or disabled motor vehicles or any body, part, equipment, motor and material thereof from private property shall be recoverable from the owner or owners of the real estate and is a lien thereon, which lien shall be superior to all prior existing liens and encumbrances, except taxes; provided, however, that within ninety (90) days after completion of the removing and disposing of such motor vehicles or their parts, the Code Enforcement Officer shall file with the County Recorder of Deeds a notice of lien for the cost and expenses incurred by the City, which notice shall include the cost of removing and disposing of the junked or disabled motor vehicle or any body, part, equipment, motor and material thereof, plus $25.00 for administrative expenses incurred by the City, plus any fee charged by the Recorder of Deeds for recording the lien and the release of lien. Upon payment of all amounts described in the lien, the Code Enforcement Officer shall file a release of such lien in the office of the Recorder of Deeds of Tazewell County. (Ord. No. 2323 2/24/03) B. The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics' liens. Suit to foreclose this lien shall be commenced by the Corporation Counsel within three (3) years after the date of filing of notice of lien. C. If payment of the City's cost of removing and disposing of the junked or disabled motor vehicle or any body, part, equipment, motor and material thereof is not paid to the City within fifteen (15) days of the filing of the notice of lien, the Corporation Counsel may commence proceedings in the Circuit Court seeking a personal judgment from the owner of the subject property at the time said proceedings are commenced in the amount of said costs. The action authorized by this subsection shall be in addition to, and without waiver of, any other remedies. 5-1A-5-6: VIOLATION AND PENALTIES: A. Anyone convicted of a violation of this Section 5-1A-5-5 shall, in addition to the costs hereinabove set forth in Section, be punished by a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) for each offense. Each day that there is a violation shall constitute a separate offense. (Ord. No. 2323 2/24/03) CHAPTER 2 GARBAGE, REFUSE AND LITTERING ARTICLE A. GENERAL REGULATIONS SECTION: 5-2A-1: City to Collect 5-2A-1: CITY TO COLLECT: The City shall maintain a collection service for the collecting of garbage, yard waste and refuse matter which shall be under the supervision of the Director of Public Property. (Ord. No. 2323 2/24/03) 5-2A-1: TAXES: There may be adopted a tax on the full fair cash value as equalized or assessed by the Department of Revenue on all taxable property in the City for garbage disposal fund purposes within said City. 5-2A-3: RECEPTACLES REQUIRED: It shall be the duty of every owner or his agent or occupant of any house, building, flat or apartment or tenement in the City where people reside, board or lodge, or where animal or vegetable matter is prepared or served, and at all times, to maintain in good order and repair a covered receptacle for garbage and waste matter. Approved containers shall include: A. Garbage Can: An approved plastic or galvanized metal can of a type commonly sold as a garbage can of a capacity not to exceed thirty two (32) gallons, and each such can shall have two (2) handles upon sides of can or bail by which it may be lifted and shall have a tight-fitting top. B. Bundles: Any material such as limbs, branches or wood, which cannot be properly placed in proper containers for collection, which in order to be collected, must be tied securely in bundles not to exceed four feet (4') in length or fifty (50) pounds in weight. C. Plastic Bags: Commercial plastic bags sold as trash or garbage bags including biodegradable plastic bags as defined by State statutes. D. Weight: No garbage can, bag or bundle, except those items defined as bulky waste, shall exceed fifty (50) pounds in weight. This limitation shall not apply to toters. E. Toters: Ninety (90) gallon wheeled carts which have been specifically approved by the City. 5-2A-4: PROHIBITED ACTS: A. Deposits: No garbage, refuse, or waste material of any kind shall be deposited in any street, alley or public way, except as is provided in this Article. It shall be unlawful to deposit or leave any refuse or material in such a place or condition that it can be blown by the wind so as to be scattered or cause clouds of dust or particles, and it shall be unlawful to permit the escape of soot, ashes or other solid products or results of combustion so as to be wind-blown or scattered. It shall be unlawful for any person to dump or deposit, or cause to be dumped or deposited any grass, leaves, branches or any other things in the roadway or gutter of any public street in the City. B. Storing Combustible Refuse: It shall be unlawful to permit or store any combustible refuse in such a way as to create a fire hazard or to store or throw away any refuse of any kind in any alley, street or other public way in the City. C. Anyone convicted of a violation of this Section 5-2A-4 shall be punished by a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) for each offense. Each day that there is a violation shall constitute a separate offense. Ord. No. 2329 5/12/03) 5-2A-5: PENALTY: Except as otherwise provided in this Article, any person violating any of the provisions of this Article shall be subject to penalty as provided in Section 1-4-1 of this Code. (Ord. No. 2329 5/12/03) CHAPTER 2 GARBAGE, REFUSE AND LITTERING ARTICLE B. LITTERING SECTION: 5-2B- 1: Depositing Trash and Refuse in Public Places A. Deposit of Litter Prohibited: 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 any river, canal, public water, drain, sewer or receiving basin within the jurisdiction of the City, any kind of dirt, rubbish, waste article, garbage, refuse, trash, thing or substance whatsoever, whether liquid or solid. Nor shall any person cast, throw, sweep, sift or deposit any of the aforementioned items 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. Penalty: Any person violating any of the provisions of this Section shall be subject to penalty as provided in Section 1-4-1 of this Code. 5-2B-2: SWEEPING INTO PUBLIC PLACES; DUTY TO KEEP SIDEWALK CLEAN: 5-2B-3: MERCHANTS TO KEEP SIDEWALKS, PUBLIC PLACES FREE OF LITTER: No person owning or occupying a place of business shall sweep into or deposit in any gutter, street, or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business shall keep the sidewalk in front of their business premises free of liter. 5-2B-4: DUTY TO MAINTAIN PREMISES FREE OF LITTER: The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this Section shall not prohibit the storage of litter in authorized private receptacles for collection. 5-2B-5: LITTER ON VACANT LOTS: No person shall throw or deposit litter on any open or vacant private property whether owned by such person or not. 5-2B-6: CLEARING LITTER FROM PRIVATE PROPERTY BY CITY: A. The City Manager or Code Enforcement Officer or the is hereby authorized and empowered to notify the owner of any open or vacant private property or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail, addressed to said owner, at his last known address. B. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within forty eight (48) hours after receipt of written notice provided for in subsection A or within forty eight (48) hours after the date of such notice, in the event the same is returned to the City because of the inability of the United States mail to make delivery thereof; provided the same was properly addressed to the last known address of such owner, or agent, the City Manager or Code Enforcement Officer is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the City. (Ord. No. 2515 02-12-07) C. When the City has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six percent (6%) per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property, and said charges shall be forthwith due and payable by said owner and may be recovered by suit at law. D. Where the full amount due the City is not paid by such owner within twenty (20) days after the disposal of such litter, as provided for in subsections A and B, the City Clerk shall cause to be recorded in the office of the Recorder of Deeds of the County, or of the Registrar of Titles of the County, a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which the work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Such costs and expenses shall be collected in the manner fixed by law. Sworn statements recorded in accordance with the provisions of this Section shall be prima facie evidence that all legal formalities have been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described int he statement and that the same is due and collectible as provided by law. 5-2B-7: PARKS AND FOUNTAINS: A. Parks: No person shall throw or deposit litter in any park except in public receptacles and in such manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for it presence and properly disposed of elsewhere. B. Fountains, Bodies of Water: No person shall throw or deposit litter in any fountain, pond or any other body of water in a park or elsewhere in the City. 5-2B-8: TRANSPORTING GARBAGE AND LITTER: A. Vehicles to be Covered: It shall be unlawful for any person, in person or by his or its agent, employee or servant, to use any vehicle to haul any kind of dirt, rubbish, waste articles or things or substance, whether liquid or solid, unless such vehicle is covered to prevent any part of its load from spilling or dropping at all times while such vehicle is in motion on any street or alley in the Municipality. Provided, however, that the requirements herein for covering such vehicles shall not apply to vehicles carrying brush cuttings, tree trimmings, branches, logs and similar waste material if such matter is securely lashed to such vehicle to prevent spilling or dropping as aforesaid. B. Penalty: Any person violating any of the provisions of this Section shall be subject to penalty as provided in Section 1-4-1 of this Code. 5-2B-9: DROPPING LITTER FROM AIRCRAFT: No person in an aircraft shall throw out, drop or deposit any litter, handbill or any other object. 5-2B-10: HANDBILLS: 5-2B-10-1: POSTING BILLS: It shall be unlawful for any person to post any bills or advertisements on any public property without the authority of the City Council, and it shall be unlawful to post any bill or advertisement on any property without the written consent of the owner thereof. 5-2B-10-2: PLACING ADVERTISING MATTER IN OR UPON MOTOR VEHICLES: It shall be unlawful for any person, whether a licensed bill poster or not, to distribute handbills, circulars, dodgers, pamphlets, cards, pictures or any advertising matter of any kind whatsoever, by placing the same in or upon any motor vehicle standing or parked in the public streets of the City. 5-2B-10-3: THROWING, DISTRIBUTING HANDBILLS IN PUBLIC PLACES: No person shall throw or deposit any commercial or noncommercial handbills in or upon any sidewalk, street or other public place. Nor shall any person hand out or distribute or sell any commercial handbill in any public place. Provided, however, that it shall not be unlawful on any sidewalk, street or other public place for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. 5-2B-10-4: DEPOSITING HANDBILLS ON UNINHABITED PREMISES: A. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon any private premises which are inhabited, except by handing or transmitting any such handbill directly the owner, occupant, or other person when present in or upon such private premises. Provided, however, that in case of inhabited private premises which are posted, as provided in this Article, such person, unless requested by anyone upon such premises not to do so, shall have the authority to place or deposit any such handbill in or upon inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be used when so prohibited by law. B. The provisions of this Section shall not apply to the distribution of mail by the United States nor to newspapers. 5-2B-10-6: DISTRIBUTING HANDBILLS WHERE PROHIBITED: No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, unless requested by anyone thereon to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words: No Peddlers, Agents or Advertisements Allowed, or any similar notice indicating that the occupants of said premises do not desire to have any handbills left upon such premises. CROSS-CONNECTION CONTROL SECTION: 5-3-1: Plumbing Installations 5-3-1: PLUMBING INSTALLATIONS: All plumbing installed within the City shall be installed in accordance with the Illinois Plumbing Code, 77 Illinois Administrative Code 890. If in accordance with the Illinois Plumbing Code or in the judgment of the Code Enforcement Officer or Plumbing Inspector for the City, or their authorized agent, an approved backflow prevention device is necessary for the safety of the public water supply system, the Code Enforcement Officer or Plumbing Inspector for the City, or their authorized agent, will give notice to the water customer to install such an approved device immediately. The water customer shall, at his own expense, install such an approved device at a location and in a manner in accordance with the Illinois Plumbing Code, Illinois Environmental Protection Agency and all applicable local regulations, and shall have inspections and tests made of such approved devices upon installation and as required by the Illinois Plumbing Code, Illinois Environmental Protection Agency and local regulations. 5-3-2: CONNECTION TO WATER SUPPLY SYSTEM: No person shall establish or permit to be established or maintain or permit to be maintained any connection whereby a private, auxiliary or emergency water supply other than the regular public water supply of the Illinois-American Water Company, or its successor, may enter the supply or distribution system of the City, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Code Enforcement Officer or Plumbing Inspector for the City, or their authorized agent, and the Illinois Environmental Protection Agency. 5-3-3: SURVEYS AND INVESTIGATIONS TO DETERMINE HAZARDS: It shall be the duty of the Code Enforcement Officer or the Plumbing Inspector for the City, or their authorized agent, to cause surveys and investigations to be made of commercial, industrial and other properties served by the public water supply to determine whether actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of public record and shall be repeated at least every two (2) years, or as often as the Code Enforcement Officer or Plumbing Inspector for the City, or their authorized agent, shall deem necessary. Records of such surveys shall be maintained and available for review for a period of at least five (5) years. 5-3-4: RIGHT OF ENTRY: The approved cross-connection control device inspector shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the Illinois-American Water Company, or its successor, for the purpose of verifying the presence of cross-connections, and that the Code Enforcement Officer or Plumbing Inspector for the City, or their authorized agent, shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the Illinois-American Water Company, or its successor, for the purpose of verifying information submitted by the customer regarding the required cross-connection control inspection. On demand, the owner, lessees or occupants of any property so served shall furnish to the Code Enforcement Officer or Plumbing Inspector for the City, or their authorized agent, any information which he may request regarding the piping system or systems or water use on such property. The refusal of such information, when demanded, shall, within the discretion of the Code Enforcement Officer or Plumbing Inspector for the City, or their authorized agent, be deemed evidence of the presence of improper connections as provided in this Chapter. 5-3-5: DISCONTINUE WATER SERVICE FOR NONCOMPLIANCE: The Code Enforcement Officer or Plumbing Inspector for the City, or their authorized agent, is hereby authorized and directed to notify the Illinois-American Water Company to discontinue, after reasonable notice to the occupant thereof, the water service to any property wherein any connection in violation of the provisions of this Chapter is known to exist, and to take such other precautionary measures as he may deem necessary to eliminate any danger of contamination of the public water supply distribution mains. Water service to such property shall not be restored until such conditions have been eliminated or corrected in compliance with the provisions of this Chapter, and until an appropriate reconnection fee is paid to the Illinois-American Water Company. Immediate disconnection with verbal notice can be effected when the Code Enforcement Officer or Plumbing Inspector for the City, or their authorized agent, is assured that imminent danger of harmful contamination of the public water supply system exists. Such action shall be followed by written notification of the cause of disconnection. Immediate disconnection without written notice to any party can be effected to prevent actual or anticipated contamination or pollution of the public water supply; provided that, in the reasonable opinion of the Code Enforcement Officer or Plumbing Inspector for the City, or their authorized agent, or the Illinois Environmental Protection Agency, such action is required to prevent actual or potential contamination or pollution of the public water supply. Neither the Illinois-American Water Company, or its successor, the Code Enforcement Officer or Plumbing Inspector for the City, or their agents or assigns shall be liable to any customer for any injury, damages or lost revenues which may result from termination of said customer's water supply in accordance with the terms of this Chapter, whether or not said termination was with or without notice. 5-3-6: LIABILITY FOR COST OF CLEANUP: The consumer responsible for back siphoned or back-pressured material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device, or a device which has been by-passed, must bear the cost of cleanup of the potable water supply system. 5-3-7: CROSS-CONNECTION CONTROL RULES AND REGULATIONS: The purpose of regulating the cross-connection control above set forth, the following rules and regulations set forth in this Section 5-3-7 are hereby adopted as a part of this Chapter. 5-3-7-1: GENERAL POLICY: A. Purpose: The purpose of these rules and regulations is: 1. To protect the public water supply system from contamination or pollution by isolating within the customer's water system contaminants or pollutants which could backflow through the service connection into the public water supply system. 2. To promote the elimination or control of existing cross-connections, actual or potential, between the public or consumer's potable water system and non-potable water systems, plumbing fixtures and sources or systems containing substances of unknown or questionable safety. 3. To provide for the maintenance of a continuing program of cross-connection control which will prevent the contamination or pollution of the public and consumer's potable water systems. B. Application of Rules and Regulations: These rules and regulations shall apply to all premises served by the public potable water supply system of the City. C. Policy: The owner or official custodian shall be responsible for protection of the public water supply system from contamination due to backflow or back-siphonage of contaminants through the customer's water service connection. If, in the judgment of the Code Enforcement Officer or Plumbing Inspector for the City, or their authorized representative, an approved backflow prevention device is necessary for the safety of the public water supply system, the Code Enforcement Officer or Plumbing Inspector for the City, or their authorized agent, shall give notice to the consumer to install such approved backflow prevention device at each service connection to the premises. The consumer shall immediately install such approved device or devices at his own expense. Failure, refusal or inability on the part of the consumer to install such device or devices immediately shall constitute grounds for discontinuing water service to the premises until such device or devices have been installed. The consumer shall retain records of installation, maintenance, testing and repair as required in subsection 5-3-7-5D4 below for a period of at least five (5) years. The Code Enforcement Officer or Plumbing Inspector for the City, or their authorized agent, may require the consumer to submit a cross-connection inspection report to the Code Enforcement Officer or Plumbing Inspector for the City to assist in determining whether or to service line protection will be required. All cross-connection inspections shall be conducted by a cross-connection control device inspector certified by the Illinois Environmental Protection Agency. 5-3-7-2: DEFINITIONS: A. The following definitions shall apply in the interpretation and enforcement of these regulations: AGENCY: Illinois Environmental Protection Agency. APPROVED: Backflow prevention devices or methods approved by the Research Foundation for Cross-Connection Control of the University of Southern California, Association of State Sanitary Engineers, American Water Works Association, American National Standards Institute or certified by the National Sanitation Foundation. AUXILIARY WATER SYSTEM: Any water source or system on or available to the premises other than the public water supply system and includes the water supplied by the system. These auxiliary waters may include water from another purveyor's public water supply system; or water from a source such as wells, lakes, streams or process fluids; or used water. These waters may be polluted or contaminated or objectionable or constitute a water source or system over which the water purveyor does not have control. BACKFLOW: The flow of water or other liquids, mixtures, or substances into the distribution pipes of a potable water system from any source other than the intended source of the potable water supply. BACKFLOW PREVENTION DEVICE: Any device, method or type of construction intended to prevent backflow into a potable water system. All devices used for backflow prevention in Illinois must meet the standards of the Illinois Plumbing Code and the Illinois Environmental Protection Agency. CONSUMER or CUSTOMER: The owner, official custodian or person in control of any premises supplied by or in any manner connected to a public water system. CONSUMER'S WATER SYSTEM: Any water system located on the customer's premises. A building plumbing system is considered to be a customer's water system. CONTAMINATION: An impairment of the quality of the water by entrance of any substance to a degree which could create a health hazard. CROSS-CONNECTION: Any physical connection or arrangement between two (2) otherwise separate piping systems, one of which contains potable water and the other a substance of unknown or questionable safety or quality, whereby there may be a flow from the system into the other. Direct Cross-Connection: A cross-connection formed when a water system is physically joined to a source of unknown or unsafe substance. Indirect Cross-Connection: A cross-connection through which an unknown substance can be forced, drawn by vacuum or otherwise introduced into a safe potable water system. DOUBLE CHECK VALVE ASSEMBLY: An assembly composed of single, independently acting check valves approved under ASSE Standard 1015. A double check valve assembly must include tight shutoff valves located at each end of the assembly and suitable connections for testing the watertightness of each check valve. FIXED PROPER AIR GAP: The unobstructed vertical distance through the free atmosphere between the water discharge point and the flood level rim of the receptacle. HEALTH HAZARD: Any condition, device or practice in a water system or its operation resulting from a real or potential danger to the health and well-being of consumers. The word "severe" as used to qualify "health hazard" means a hazard to the health of the user that could be expected to result in death or significant reduction in the quality of life. INSPECTION: A plumbing inspection to examine carefully and critically all materials, fixtures, piping and appurtenances, appliances and installations of a plumbing system for compliance with requirements of the Illinois Plumbing Code, 77 Illinois Administrative Code 890. NON-POTABLE WATER: Water not safe for drinking, personal or culinary use as determined by the requirements of 35 Illinois Administrative Code 604. PLUMBING: The actual installation, repair, maintenance, alteration or extension of a plumbing system by any person. Plumbing included all piping, fixtures, appurtenances and appliances for a supply of water for all purposes, including without limitation lawn sprinkler systems, from the source of a private water supply on the premises or from the main in the street, alley or at the curb to, within and about any building or buildings where a person or persons live, work or assemble. Plumbing includes all piping, from discharge of pumping units to and including pressure tanks in water supply systems. Plumbing includes all piping, fixtures, appurtenances and appliances for a building drain and a sanitary drainage and related ventilation system of any building or buildings where a person of persons live, work or assemble from the point of connection of such building drain to the building sewer or private sewage disposal system five feet (5') beyond the foundation walls. POLLUTION: The presence of any foreign substance (organic, inorganic, radiological, or biological) in water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water. POTABLE WATER: Water which meets the requirements of 35 Illinois Administrative Code 604 for drinking, culinary and domestic purposes. POTENTIAL CROSS-CONNECTION: A fixture or appurtenance with threaded hose connection, tapered spout or other connection which would facilitate extension of water supply line beyond its legal termination point. PROCESS FLUID(S): Any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, pollutional or system hazard if introduced into the public or a consumer's potable water system. This includes but is not limited to: A. Polluted or contaminated waters; B. Process waters; C. Used waters originating from the public water supply system which may have deteriorated in sanitary quality; D. Cooling waters; E. Questionable or contaminated natural waters taken from wells, lakes, streams, or irrigation systems; F. Chemicals in solution or suspension; G. Oils, gases, acids, alkalis and other liquid and gaseous fluids used in industrial or other processes, or for fire fighting purposes. PUBLIC WATER SUPPLY: All mains, pipes and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water for drinking or general domestic uses and which serve at least fifteen (15) service connections or which regularly serve at least twenty five (25) persons at least sixty (60) days per year. A public water supply is either a "community water supply" or a "non-community water supply". REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE: A device containing a minimum of two (2) independently acting check valves together with an automatically operated pressure differential relief valve located between the two (2) check valves and approved under ASSE Standard 1013. During normal flow and at the cessation of normal flow, the pressure between these two (2) checks shall be less than the supply pressure. In cases of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the check valves at less than the supply pressure. The unit must include tightly closing shutoff valves located at each end of the device, and each device shall be fitted with properly located test clocks. SERVICE CONNECTION: The opening, including all fittings and appurtenances, at the water main through which water is supplied to the user. SURVEY: The collection of information pertaining to a customer's piping system regarding the location of all connections to the public water supply system and must include the location, type and most recent inspection and testing date of all cross-connection control devices and methods located within that customer's piping system. The survey must be in written form, and should not be an actual plumbing inspection. SYSTEM HAZARD: A condition through which an aesthetically objectionable or degrading material not dangerous to health may enter the public water supply system or a consumer's potable water system. USED WATER: Any water supplied by a public water supply system to a consumer's water system after it has passed through the service connection and is no longer under the control of the water supply official custodian. WATER PURVEYOR: The owner or official custodian of a public water system. 5-3-7-3: WATER SYSTEM: A. The water system shall be considered as made up of two (2) parts: the public water supply and the consumer's water system. B. The public water supply system shall consist of the source facilities and the distribution system, and shall include all those facilities of the potable water system under the control of the Illinois-American Water Company, or its successor, up to the point where the consumer's water system begins. C. The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the public water supply distribution system. D. The public water supply distribution system shall include the network of conduits used to deliver water from the source to the consumer's water system. E. The consumer's water system shall include all parts of the facilities beyond the service connection used to convey water from the public water supply distribution system to points of use. 5-3-7-4: CROSS-CONNECTION PROHIBITED: B. Prohibited Acts: 1. No physical connection shall be permitted between the potable portion of a supply and any other water supply not of equal or better bacteriological and chemical quality as determined by inspection and analysis by the Agency. 2. There shall be no arrangement or connection by which an unsafe substance may enter a supply. 5-3-7-50: SURVEYS AND INVESTIGATIONS: A. The consumer's premises shall be open at all reasonable times to the approved cross-connection control device inspector for the inspection of the presence or absence of cross-connections within the consumer's premises, and testing, repair and maintenance of cross-connection control devices within the consumer's premises. B. On request by the Code Enforcement Officer or Plumbing Inspector for the City, or their authorized representative, the consumer shall furnish information regarding the piping system or systems or water use within the customer's premises. The consumer's premises shall be open at all reasonable times to the Code Enforcement Officer or Plumbing Inspector for the City, or their authorized agent, for the verification of information submitted by the consumer to the Code Enforcement Officer or Plumbing Inspector for the City, regarding piping system or systems or water use within the consumer's premises. C. It shall be the responsibility of the water consumer to arrange periodic surveys of water use practices on his premises to determine whether there are actual or potential cross-connections to his water system through which contaminants or pollutants could backflow into his or the public potable water system. All cross-connection control or other plumbing inspections must be conducted in accordance with Illinois Compiled Statutes, 225 ILCS 320/3. D. It is the responsibility of the water consumer to prevent backflow into the public water system by ensuring that: 1. All cross-connections are removed, or approved cross-connection control devices are installed for control of backflow and back-siphonage. 2. Cross-connection control devices shall be installed in accordance with the manufacturer's instructions. 3. Cross-connection control devices shall be inspected at the time of installation and at least annually by a person approved by the Agency as a Cross-Connection Control Device Inspector (CCCDI). The inspection of mechanical devices shall include physical testing in accordance with the manufacturer's instructions. 4. Testing and Records: a. Each device shall be tested at the time of installation and at least annually or more frequently if recommended by the manufacturer. b. Records submitted to the Code Enforcement Officer or Plumbing Code Inspector for the City shall be available for inspection by Agency personnel in accordance with Illinois Compiled Statutes, 415 ILCS 5/4. c. Each device shall have a tag attached listing the date of most recent test, name of CCCDI, and type and date of repairs. d. A maintenance log shall be maintained and include: (1) Date of each test; (2) Name and approval number of person performing the test; (3) Test results; (4) Repairs or servicing required; (6) Servicing performed and date completed. A. An approved backflow device shall be installed on all connections to the public water supply as described in the Plumbing Code, 77 Illinois Administrative Code 890 and the Agency's regulations 35 Illinois Administrative Code 680. In addition, an approved backflow prevention device shall be installed on each service line to a consumer's water system serving premises, where in the judgment of the Code Enforcement Officer or Plumbing Inspector for the City, or their authorized agent, actual or potential hazards to the public water supply system exist. B. An approved backflow prevention device shall be installed on each service line to a consumer's water system serving premises where the following conditions exist: 1. Premises having an auxiliary water supply, unless such auxiliary supply is accepted as an additional source by the Code Enforcement Officer or Plumbing Inspector for the City and the source is approved by the Illinois Environmental Protection Agency. 2. Premises on which any substance is handled which can create an actual or potential hazard to the public water supply system. This shall include premises having sources or systems containing process fluids or waters originating from the public water supply system which are no longer under the sanitary control of the Illinois-American Water Company. 3. Premises having internal cross-connections that, in the judgment of the Code Enforcement Officer or Plumbing Inspector for the City and/or the Cross-Connection Control Device Inspector, are not correctable or intricate plumbing arrangements which make it impractical to determine whether or not cross-connections exist. 4. Premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete cross-connection survey. 5. Premises having a repeated history of cross-connections being established or re-established. C. An approved backflow device shall be installed on all connections to the public water supply as described in the Planning Code, 77 Illinois Administrative Code 890 and the Agency's regulations 35 Illinois Administrative Code 653. In addition, an approved backflow prevention device shall be installed on each service line to a consumer's water system servicing, but not necessarily limited to, the following types of facilities unless the Code Enforcement Officer or Plumbing Inspector for the City determines that no actual or potential hazard to the public water supply system exists: 1. Hospitals, mortuaries, clinics, nursing homes. 2. Laboratories. 3. Piers, docks, waterfront facilities. 4. Sewage treatment plants, sewage pumping stations or storm water pumping stations. 5. Food or beverage processing plants. 6. Chemical plants. 7. Metal plating industries. 8. Petroleum processing or storage plants. 9. Radioactive material processing plants or nuclear reactors. 10. Car washes. 11. Pesticide, or herbicide or extermination plants and trucks. 12. Farm service and fertilizer plants and trucks. 5-3-7-7: TYPE OF PROTECTION REQUIRED: A. The type of protection required under subsections 5-3-7-6B1, B2 and B3 of these regulations shall depend on the degree of hazard which exists as follows: 1. An approved fixed proper air gap separation shall be installed where the public water supply system may be contaminated with substances that could cause a severe health hazard. 2. An approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention assembly shall be installed where the public water supply system may be contaminated with a substance that could cause a system or health hazard. 3. An approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention assembly or a double check valve assembly shall be installed where the public water supply system may be polluted with substances that could cause a pollution hazard not dangerous to health. B. The type of protection required under subsections 5-3-7-6B4 and B5 of these regulations shall be an approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention device. C. Where a public water supply or an auxiliary water supply is used for a fire protection system, reduced pressure principle backflow preventers shall be installed on fire safety systems connected to the public water supply when: 1. The fire safety system contains antifreeze, fire retardant or other chemicals; 2. Water is pumped into the system from another source; or 3. Water flows by gravity from a non-potable source; or water can be pumped into the fire safety system from any other source; 4. There is a connection whereby another source can be introduced into the fire safety system. D. All other fire safety systems connected to the potable water supply shall be protected by a double check valve assembly on metered service lines and a double detector check valve assembly on un-metered service lines. 5-3-7-8: BACKFLOW PREVENTION DEVICES: A. All backflow prevention devices or methods required by these rules and regulations shall be approved by the Research Foundation for Cross-Connection Control of the University of Southern California, American Water Works Association, American Society of Sanitary Engineering, or American National Standards Institute or certified by the National Sanitation Foundation to be in compliance with applicable industry specification. B. Installation of approved devices shall be made in accordance with the manufacturer's instructions. Maintenance as recommended by the manufacturer of the device shall be performed. Manufacturer's maintenance manual shall be available on-site. 5-3-7-9: INSPECTION AND MAINTENANCE: A. It shall be the duty of the consumer at any premises on which backflow prevention devices required by these regulations are installed to have inspection, tests, maintenance and repair made in accordance with the following schedule or more often where inspections indicate a need or are specified in manufacturer's instructions: 1. Fixed proper air gap separations shall be inspected to document that a proper vertical distance is maintained between the discharge point of the service line and the flood level rim of the receptacle at the time of installation and at least annually thereafter. Corrections to improper or bypassed air gaps shall be made within twenty four (24) hours. 2. Double check valve assemblies shall be inspected and tested at time of installation and at least annually thereafter, and required service performed within five (5) days. 3. Reduced pressure principle backflow prevention assemblies shall be tested at the time of installation and at least annually or more frequently if recommended by the manufacturer, and required service performed within five (5) days. B. Testing shall be performed by a person who has been approved by the Agency as competent to service the device. Proof of approval shall be in writing. C. Each device shall have a tag attached listing the date of most recent test or visual inspection, name of tester, and type and date of repairs. D. A maintenance log shall be maintained and include: 1. Date of each test or visual inspection; 2. Name and approval number of person performing the test or visual inspection; 3. Test results; 4. Repairs or servicing required; 5. Repairs and date completed; and 6. Servicing performed and date completed. E. Whenever backflow prevention devices required by these regulations are found to be defective, they shall be repaired or replaced at the expense of the consumer without delay as required by subsection A of this Section. F. Backflow prevention devices shall not be bypassed, made inoperative, removed or otherwise made ineffective without specific authorization by the Code Enforcement Officer or Plumbing Inspector for the City. 5-3-7-10: BOOSTER PUMPS: A. Where a booster pump has been installed on the service line to or within any premises, such pump shall be equipped with a low pressure cut-off device designed to shut off the booster pump when the pressure in the service line on the suction side of the pump drops to twenty (20) psi or less. B. It shall be the duty of the water consumer to maintain the low pressure cut-off device in proper working order and to certify to the Code Enforcement Officer or Plumbing Inspector for the City, at least once a year, that the device is operable. 5-3-7-11: VIOLATION; PENALTY: A. The Code Enforcement Officer or Plumbing Inspector for the City shall direct the Illinois-American Water Company to deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein any backflow prevention device required by these regulations is not installed, tested, maintained and repaired in a manner acceptable to the Code Enforcement Officer or Plumbing Inspector for the City, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross-connection exists on the premises, or if a low pressure cut-off required by these regulations is not installed and maintained in working order. B. Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with these regulations and to the satisfaction of the Code Enforcement Officer or Plumbing Inspector for the City, and the required reconnection fee is paid. C. Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects on conformance with these regulations and to the satisfaction of the Code Enforcement Officer or Plumbing Inspector for the City. D. Neither the City nor the Illinois-American Water Company, or their agent or assigns shall be liable to any customers of the Illinois-American Water Company, or its successor, for any injury, damages or lost revenues which may result from termination of said customer's water supply in accordance with the terms of this Chapter, whether or not said termination of the water supply was with or without notice. E. The consumer responsible for back siphoned material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device, or a device which has been bypassed, must bear the cost of cleanup of the potable water supply system. F. Any person found to be violating any provision of this Chapter shall be served with written notice stating the notice of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violation. G. Any person violating any of the provisions of this Chapter shall pay a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), and upon a second or subsequent violation the fine shall be not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00). Each day that a violation continues shall constitute a separate offense; and, in addition to the fine provided, shall become liable to the City and/or the Illinois-American Water Company, or its successors and assigns, for any expense, loss or damage occasioned by the City and/or the Illinois-American Water Company, or its successors, by reason of such violation, whether that same was caused before or after notice.
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