Title 7 – Health & Sanitation
| Subject | Chapter |
|---|---|
| Diseases | 1 |
| Deaths and Burials | 2 |
| Diseased Animals | 3 |
| Adulterated Foodstuffs | 4 |
| Nuisances | 5 |
| Milk | 6 |
| Garbage | 7 |
| Mosquito Breeding | 8 |
Last updated September, 2021.
Chapter 1
Diseases
SECTION:
| 7-1-1: | Enforcement of Rules and Regulations |
| 7-1-2: | Householder to Notify |
| 7-1-3: | Duty of Attending Physician |
| 7-1-4: | Notification by Board of Health |
| 7-1-5: | Duty of Board to Quarantine |
| 7-1-6: | Quarantine Provisions |
| 7-1-7: | Disinfection of Premises |
| 7-1-8: | Disinfection of CLothing by Physician and Attendants |
| 7-1-9: | Disinfection of Vehicle |
| 7-1-10: | Vending or Giving Away Infected Clothing |
| 7-1-11: | Infected Person Not to be Brought Into City |
| 7-1-12: | Removal of Infected Person Within the City |
| 7-1-13: | Removal Without City |
| 7-1-14: | Clothing or Property in Infected Building |
| 7-1-15: | Occupant of Infected Building Changing Residence |
| 7-1-16: | Person Inflicted to Keep Off Streets |
| 7-1-17: | Duty to Provide Place for Nonresidents |
| 7-1-18: | Vaccination |
7-1-1: ENFORCEMENT OF RULES AND REGULATIONS: The necessary rules and regulations concerning cholera, smallpox, yellow fever, diphtheria, typhoid fever and other contagious and infectious diseases shall be enforced by the Board of Health under the supervision of the Health Commissioner; and all public officers of the City in their proper capacities, are hereby commanded and enjoined to assist the Board of Health in the enforcement of the said rules and regulations. *1 (R.O. 1911, Sec. 216)
7-1-2: HOUSEHOLDER TO NOTIFY: Every householder within the limits of the City in whose dwelling there shall occur a case of cholera, yellow fever, typhoid fever, scarlet fever, diphtheria or smallpox, shall immediately notify a member of the Board of Health of the same. (R.O. 1911, Sec. 217)
7-1-3: DUTY OF ATTENDING PHYSICIAN: All physicians and other attendants upon any person with smallpox, cholera, typhoid fever, diphtheria, or other disease dangerous to public health, shall immediately report the same member of the Board of Health. (R.O. 1911, Sec. 218)
7-1-4: NOTIFICATION OF BOARD OF HEALTH: The Board of Health when notified as to the existence of any of the diseases enumerated in the preceding Section shall at once notify the State Board of Health of the existence of such disease, and shall subsequently cause a full report to be made by the Health Commissioner to the Secretary of State Board of Health, upon the blank forms furnished for that purpose. (R.O. 1911, Sec. 219)
7-1-5: DUTY OF BOARD OF QUARANTINE: It shall be the duty of the Board of Health to immediately inspect all cases of contagious, malignant or infectious diseases within the limits of the City, and to use such means to quarantine such cases as the Board may deem proper and lawful. (R.O. 1911, Sec. 220)
7-1-6: QUARANTINE PROVISIONS: Immediately upon receiving the report of the existence of cholera, yellow fever, scarlet fever, diphtheria or smallpox, the Health Commissioner, or some other member of the Board, shall attach in a prominent place, near the front entrance of the infected building, a flag or placard of suitable size and color, bearing the name of the disease.
The Health Commissioner, or other member of the Board, shall also in such cases as required by the rules of the State Board of Health, establish quarantine and prevent all persons except physicians, nurses and necessary attendants, form entering or departing from such premises. The Board of Health, if such be necessary, is empowered to employ guards to enforce quarantine. The Health Commissioner may direct the removal of any person suffering from any of the diseases enumerated in this Section to a hospital or other proper public place. (R.O. 1911, Sec. 221)
7-1-7: DISINFECTION OF PREMISES: After the recovery, or death, of a patient of any infectious or contagious disease, the premises and clothing shall be disinfected by the Health Commissioner, or under his direction, in the manner prescribed by the State Board of Health. (R.O. 1911, Sec. 222)
7-1-8 DISINFECTION OF CLOTHING BY PHYSICIAN AND ATTENDANTS: Any physician, nurse or other person, attending, or being about any person having any contagious or infectious disease, shall as soon as possible change or purify his wearing apparel before going upon any street or into any public place. (R.O. 1911, Sec. 223)
7-1-9: DISINFECTION OF VEHICLE: All drivers or owners of vehicles or conveyances which have been used for the conveyance of any person infected with a contagious or infectious disease, shall immediately disinfect such vehicle or conveyance.
7-1-10: VENDING OR GIVING AWAY INFECTED CLOTHING: No person or persons shall give, lend, sell or expose any clothing, rags, bedding or other thing, which has been exposed to infection or contagion. (R.O. 1911, Sec. 225)
7-1-11: INFECTED PERSON NOT TO BE BROUGHT INTO CITY: No person or thing liable to propagate any contagious or infectious disease shall be brought within the limits of the City without the special permission and direction of the Board of Health; and whenever it shall come to the knowledge of any person that such person or thing has been brought to the knowledge of any person that such person or thing has been brought within such City, he shall immediately give notice to a member of the Board of Health, together with the location thereof. (R.O. 1911, Sec. 226)
7-1-12: REMOVAL OF INFECTED PERSON WITHIN THE CITY: No person shall, within the limits of the City, without a permit from the Board of Health, carry, or remove from one building to another, any person infected with any contagion or infection dangerous to the public health. (R.O. 1911, Sec. 227)
7-1-13: REMOVAL WITHOUT CITY: No person afflicted with any contagious or infectious disease, or who is liable to communicate or spread the contagion thereof, shall be shipped or removed from the City to any other place, except by the authority and direction of the Board of Health. (R.O. 1911, Sec. 228)
7-1-14: CLOTHING OR PROPERTY IN INFECTED BUILDING: No clothing or other property which may have been exposed to the infection or contagion mentioned in this Chapter, shall be removed from the house until authority to do so is received from the Board of Health. (R.O. 1911, Sec. 229)
7-1-15: OCCUPANT OF INFECTED BUILDING CHANGING RESIDENCE: No occupant of any dwelling house which is infected by any of the diseases mentioned in this Chapter, shall change his residence elsewhere without the consent of the Board of Health during the prevalence of any public danger from such disease. (R.O. 1911, Sec. 231)
7-1-16: PERSON INFLICTED TO KEEP OFF STREETS: No person having or having had any infectious or contagious disease, shall go about in the public streets or any other public place while in danger of giving such disease to others; provided, this shall not apply to cases where such person or persons shall have obtained from the Board of Health a written certificate that such person is in no danger of giving the disease to others. (R.O. 1911, Sec. 231)
7-1-17: DUTY TO PROVIDE PLACE FOR NONRESIDENTS: It shall be the duty of the Mayor, when necessary, to lease or rent some suitable room, or rooms, for the care of persons not permanent residents of the city who may have been exposed to any contagious or infectious disease, and to employ suitable and necessary medical or other attendants, to provide for the comforts of such patients. The expense thereof shall be reported to the Council for allowance. (R.O. 1911, Sec. 232)
7-1-18: VACCINATION: Whenever smallpox exists in the City of in the vicinity thereof, or its appearance is apprehended, the Board of Health shall issue a proclamation setting for the facts, pointing out the danger, and calling upon the people to be vaccinated. Such vaccination shall be performed at the cost of the City for all persons who are unable to pay for the same. At such times, no child shall be received, or retained, in any public or private school who shall not possess certificate of external vaccination, signed by the family physician or Health Commissioner. All person exposed to a case of smallpox shall be immediately vaccinated by the Health Commissioner or under his direction. (R.O. 1911, Sec. 233)
- S.H.A. Ch. 24, Sec. 110-20-5
Chapter 2
Deaths and Burials
SECTION:
| 7-2-1: | Death Certificates |
| 7-2-2: | Burial Permits |
| 7-2-3: | Record of Burial Permits |
| 7-2-4: | Transportation of Bodies |
| 7-2-5: | Burial at Night |
7-2-1: DEATH CERTIFICATES: Every physician in attendance upon any persons who shall die within the City shall, upon the form supplied by the Board of Health, file with the Health Commissioner within twenty four (24) hours f death, the death certificate, stating the name, age, sex, residence and cause of death of the deceased. On or before the tenth day of each month, the Health Commissioner shall send to the State Board of Health all death certificates filed within the preceding month. *1 (R.O. 1911, Sec. 234)
7-2-2: BURIAL PERMITS: A burial permit shall be issued by the Health Commissioner upon his receipt of the usual certificate of death filed by (1) the standing physician in the case; or if none, by (2) one of the parents of the deceased; or, if none, by (3) the nearest of kin, or if none, by (5) any reputable citizen cognizant with the facts and circumstances of the death; or if the death be a subject of inquest by (6) officer holding said inquest. *2 (R.O. 1911, Sec. 235)
7-2-3: RECORD OF BURIAL PERMITS: The Health Commissioner shall enter in a suitable book, kept by him for that purpose, a record of all burial permits issued, specifying the date of issue and to whom issued, together with all items of information contained in the certificate upon which the issue of such permits is based. (R.O. 1911, Sec. 236)
7-2-4: TRANSPORTATION OF BODIES: The transportation or removal of bodies of person who have died of smallpox, cholera, yellow fever, diphtheria, or other disease dangerous to public health is forbidden within the limits of the city except in conformity with the rules and regulations of the State Board of Health concerning came. (R.O. 1911, Sec. 237)
7-2-5: BURIAL AT NIGHT: No burial or exhumation of any body shall be permitted in the nighttime unless for good reasons to be interred in full upon the record book of the Health Commissioner. (R.O. 1911, Sec. 238)
Chapter 3
Diseased Animals
SECTION:
| 7-3-1: | Diseased Animals at Large |
| 7-3-2: | Board of Health; Duties |
| 7-3-3: | Burial of Dead Animals |
7-3-1: DISEASED ANIMALS AT LARGE: No domestic animal with a contagious or infectious disease shall be allowed to run at large or be exposed in any public place whereby the health of any other animal or any person may be affected, within the limits of the City, nor shall such diseased animal be shipped or removed from the premises of its owner, except under the supervision of the Board of Health or State Veterinarian. *1 (R.O. 1911, Sec. 239)
7-3-2: BOARD OF HEALTH; DUTIES: It is the duty of the Board of Health to secure such disposition of any diseased animal, and such treatment of infected premises, as to prevent the communication and spread of the contagion or infection, except in cases where the State Veterinarian is empowered to act. In all cases, the Board of Health shall cooperate with the State Veterinarian so far as such cooperation shall be necessary to the protection of the health of citizens. (R.O. 1911, Sec. 240)
7-3-3: BURIAL OF DEAD ANIMALS: No person, being the owner or keeper of a dead animal, shall allow the same to remain unburied twenty- four (24) hours within the City limits. (R.O. 1911, Sec. 241)
- S.H.A. Ch. 24, Sec. 11-20-5.
Chapter 4
Adulterated Footstuffs
SECTION:
| 7-4-1: | Impure or Adulterated Water, Drugs or Food |
| 7-4-2: | Inspection of Foods |
| 7-4-3: | Confiscation |
| 7-4-4: | Flies |
| 7-4-5: | Conveyance of Fresh Foods |
7-4-1: IMPURE OR ADULTERATED WATER, DRUGS OR FOOD: It shall be unlawful for any person or any agent or employee thereof, to keep for sale, offer for sale, or exchange, or to sell or deliver or expose for sale, any drugs not conforming to the rules and standards of the United States Pharmacopoeia, or any water or liquids, or food, which shall be impure, unwholesome, adulterated, or to which any harmful or injurious substance has been added. (R.O. 1911, Sec. 242)
7-4-2: INSPECTION OF FOODS: Every keeper of a meat market or dealer in meats, or grocer or milk dealer, shall allow the Health Commissioner and other duly authorized employees of the Board of Health to freely and fully inspect any milk, meat, fish or vegetable or other foodstuffs, kept, offered or intended for sale by them or either of them, and shall answer all reasonable and proper questions asked by such officers relative to the condition thereof, and of the places where such articles may be.
7-4-3: CONFISCATION: It shall be unlawful for any person to expose for sale in the city, any diseased, emaciated, tainted, or putrid meat or provision which may be deemed unwholesome, and it shall be the duty of the Board of Health or any member thereof having knowledge of such fact to forthwith seize and destroy all such meat and provisions. (R.O. 1911, Sec. 245)
7-4-4: FLIES: It shall be unlawful for any person to offer or expose for sale in any store or building, or in or upon any stand, shelf basket or other receptacle outside of any store or building, and fresh meats, fish, fowls or fruits, unless the same is protected by cover, screening or netting, sufficient to prevent and exclude flies and other insects from coming in contact with such foodstuffs. (R.O. 1911, Sec. 246)
7-4-5: CONVEYANCE OF FRESH FOODS: It shall be unlawful for any person to offer or expose for sale any fresh meat, fish or bread, which had been conveyed along any road or street, without first being sufficiently covered so as to percent flies, insects and dust from coming in contact with the aforesaid fresh meat, fish or bread. (R.O. 1911, Sec. 247)
Chapter 5
Nuisances
SECTION:
| 7-5-1: | Public Nuisance Declared |
| 7-5-2: | Duties of Health Commissioner |
| 7-5-3: | Sanitation in Schools |
| 7-5-4: | Deposit of Offal |
| 7-5-5: | Notices; Removal |
7-5-1: PUBLIC NUISANCE DECLARED
The following acts, conduct and conditions set forth in this chapter are hereby declared and defined to be nuisances, and when committed, performed or permitted to exist by any individual, firm, association or corporation within the territorial limits of the city, are hereby declared to be unlawful and prohibited. A nuisance when used in this chapter includes everything which endangers life or health, gives offense to the senses, violates the laws of decency, or obstructs the reasonable and comfortable use of property, the unwarrantable or unlawful use by any person of his property so as to produce material annoyance, inconvenience, discomfort, or hurt to any person or the public in general:
(A) Any act or offense which is a nuisance according to the common law of the state of Illinois, or declared or defined to be a nuisance by the ordinances of the city. In addition, the officials of the municipality shall be authorized to abate any nuisance which, while not specifically defined within this section, shall constitute the unreasonable, unwarrantable, or unlawful use by a person of property real or personal or from his own improper, indecent or unlawful personal conduct which works an obstruction or injury to a right of another, or of the public, and produces such material annoyance, inconvenience, discomfort, or hurt that the law will presume an actionable nuisance. Nuisances may be abated which are public or which are both public and private in nature.
(B) To cause or suffer the carcass of any animal or any offal, filth or noisome substance to be collected, deposited or to remain in any place under his ownership or control to the prejudice of others.
(C) To throw or deposit any offal or other offensive matter, or the carcass of any dead animal in any watercourse, lake, pond, spring, well or common sewer, street or public highway.
(D) To corrupt or render unwholesome or impure the water of any spring, river, stream, pond or lake, to the injury or prejudice of others.
(E) To obstruct or encroach upon public highways, private ways, streets, alleys, commons, landing places, and ways to burying places.
(F) To erect, continue or use any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, offensive smells or otherwise, is offensive or dangerous to the health of individuals, or of the public.
(G) To advertise wares or occupation by painting notices of the same on, or affixing them to fences, walls, windows, building exteriors, utility poles, or on hydrants, other public or private property, or on rocks or other natural objects, without the consent of the owner, or if in the highway or other public place, without permission of the proper authorities.
(H) To harass, intimidate or threaten any person who is about to sell or lease or has sold or leased a residence or other real property or is about to buy or lease or has bought or leased a residence or other real property, when the harassment, intimidation or threat relates to a person’s attempt to sell, buy or lease a residence, or other real property, or refers to a person’s sale, purchase or lease of a residence or other real property.
(I) To dump, abandon, deposit, dismantle or burn upon any public property or right of way, highway, park, street or parkway anywhere in the city any trash, garbage, ashes, junk, junked or wrecked motor vehicles or parts thereof, or miscellaneous waste.
(J) To store, keep, or maintain outside of a closed building, any junk, parts, machinery or equipment not in an operable condition, any unused or discarded household appliance to include water heaters, refrigerators, freezers, stoves, microwaves, washing machines, clothes dryers, or any other inoperable household appliance and or any motor vehicle not in an operable condition, where such inoperable motor vehicle is an actual danger or detriment to life, safety, health or peaceful enjoyment of the property of surrounding landowners; provided, however, that this provision shall not apply to a properly licensed junkyard or other permitted outdoor storage use which is in full compliance with all of the ordinances of the city governing the same.
(K) To own, maintain or keep a dwelling unit or a structure unfit for human habitation, or dangerous or detrimental to life, safety or health because of lack of repair, defects in the plumbing system, lighting or ventilation, the existence of contagious diseases or unsanitary conditions likely to cause sickness among persons residing in said premises or residing in proximity thereof.
(L) To store or place any materials in a manner which may harbor rats.
(M) To produce or permit to be produced, whether on public or private property, any offensive noise to the disturbance of the peace or quiet of any person residing in the vicinity.
(N) For the owner or keeper of any lot or premises to permit to stand or remain thereon, water which is or may become stagnant, foul or offensive, as well as dangerous to the health and comfort of persons residing in the neighborhood thereof;
(O) For any person to permit or suffer any offal, filth, refuse, animal or vegetable matter which is liable to become putrid, offensive or injurious to health, to remain on any premises, used or occupied by him for a longer period than twenty four (24) hours at any one time;
(P) To erect, continue or use any building, or any other place, for the exercise of any trade, employment or manufacture, which by occasioning noisome or offensive smells, or otherwise, is offensive or dangerous to health or individuals or of the public.
(Q) To erect, or use habitually, any house, building or lot for the purpose of butchering or slaughtering cattle, cows, sheep or swine without permission granted by the Council.
(R) It shall be unlawful for any person to deposit anywhere in the city any uncovered refuse, or garbage. Uncovered refuse or garbage or is hereby declared to be a nuisance.
(S) It shall be unlawful to permit any building, structure or place to remain in such a condition as to be dangerous to the public health in any way. Any such structure, building or place is hereby declared to be a nuisance.
(T) To obstruct or encroach upon any highway, private ways, right of ways, streets, alleys, commons, landing spaces, and ways as to obstruct, distract and or inconvenience the motoring public.
(U) All places and the fixtures and movable contents thereof, used for the purpose of unlawfully selling, possessing, serving, storing, delivering, manufacturing, cultivating, giving away or using controlled substances are hereby declared to be nuisances and may be abated as hereinafter provided and the owners, agents, occupants of and any other person using any such place may be enjoined as hereinafter provided. (740 ILCS 40/2)
(V) To store, dump, or permit the accumulation of debris, refuse, garbage, trash, tires, buckets, cans, wheelbarrows, garbage cans, or other containers in a manner that may harbor mosquitoes, flies, insects, rodents, nuisance birds, or other animal pests that are offensive, injurious, or dangerous to the health of individuals or the public.
NONSUMMARY ABATEMENT, NOTICE:
Except where otherwise provided by the ordinances of the city, any officer of the city possessing police powers may serve or cause to be served a notice, in writing, upon the owner, agent, occupant or person in possession, charge or control of any lot, building or premises or item of personalty in or upon which any nuisance, requiring them, or either or both of them, to abate the same within a specified reasonable time, in such manner as the notice shall direct.
NONSUMMARY ABATEMENT:
If the person so served and notified does not abate the nuisance within the specified reasonable time, the corporate authorities may proceed to abate the nuisance in any or all manner allowable by law, including, without limiting the generality thereof, the following:
(A) Seeking to impose a penalty as defined by this chapter by instituting an ordinance enforcement action.
(B) Seeking to enjoin the continuation of the nuisance by the filing of a lawsuit in a court of competent jurisdiction.
(C) Should the person(s) so served under this chapter, in a reasonable time frame on his own accord and expense, abate said nuisance after having been served a violation for said nuisance, may have his penalty waived by a majority vote of the City Council.
SUMMARY ABATEMENT:
Whenever, in the opinion of an officer of the city possessing police powers, the maintenance or continuation of a nuisance creates an imminent threat of serious injury to persons or serious damage to personal or real property, or if the nuisance can be abated summarily without or with only minor damage to the items or premises which are creating the nuisance, and the continuation of the nuisance poses a substantial threat of injury to persons or property or a substantial interference with the quiet enjoyment of life normally present in the community, such officer shall proceed to abate such nuisance; provided, further, that whenever the owner, occupant, agent or person in possession, charge or control of the real or personal property which has become a nuisance is unknown or cannot readily be found, the municipal officer with police power may proceed to abate such nuisance without notice. Where the abatement of the nuisance requires continuing acts by the corporate authorities beyond the initial summary abatement and any other additional emergency abatements, it shall seek abatement of such nuisance on a permanent basis through judicial process as soon as reasonably possible.
PENALTY:
Any person violating any of the provisions of this chapter shall be fined not less than Seventy five dollars ($75.00) nor more than five hundred dollars ($500.00) for each offense; and a separate offense shall be deemed committed on each and every day during or on which a violation occurs or is permitted to continue
7-5-2: DUTIES OF HEALTH COMMISSIONER: It shall be the duty of the Health Commissioner to serve a notice in writing upon the owner, occupant, agent, or person in possession, charge or control of any lot, building or premises, in or upon which any of the preceding nuisances may be found, or who may be the owner or cause of any such nuisance, requiring them or either of them to abate the same in such manner as he may prescribe, within a reasonable time, provided, that it shall not be necessary in any case for the Health Commissioner to specify in his notice the manner in which any nuisance shall be abated unless he shall deem it advisable so to do; and such notices may be given or served by a policeman, or any other officer who may directed to give or serve the same; and it shall be the duty of such officer to proceed at once, upon expiration of the time specified in such notice, to cause nuisance to be abated; provided, that whenever the owner, occupant, agent or person in possession, charge or control of premises in or upon which any nuisance may be found, is unknown or cannot be found, the Health Commissioner shall proceed to abate such nuisance without notice; and in either case the expense of such abatement shall be collected from the person or persons who may have created, continued or suffered such nuisance to exist.
7-5-3: SANITATION IN SCHOOLS: The Board of Health shall have jurisdiction in all matters pertaining to the health of those in attendance upon the public and private schools in the City and it shall be the duty of said Board of Health:
(A) To require all persons attending the schools in the City, either as teacher or pupil, to present satisfactory evidence of proper and successful vaccination;
(B) To exclude from the schools any person suffering from a contagious or infectious disease, or who is liable to convey such disease to the others in attendance;
(C) To make regular inspections of all school buildings and premises, as to their hygienic condition; and to report such inspection to the Council and those having charge or control of such schools, with instructions as to the remedy of conditions (if any such are found) whereby the health of those in attendance may be impaired or life endangered. (R.O. 1911, Sections 255 and 256)
In the event of failure or refusal of those having charge or control to carry out the instructions given by the Board of Health, then the Board of Health shall cause such faulty conditions to be remedied at proper cost and expense of those having charge or control of the school or schools. (R.O. 1911, Sec. 257)
7-5-4: DEPOSIT OF OFFAL: The deposit of offal, night soil, refuse or offensive matter or substance of any description, upon any street, alley, vacant lot, public ground or premises within the limits of the City, except such be by the direction or permission of the Board of Health, is declared a nuisance and punishable as such. (R.O. 1911, Sec. 258)
7-5-5: NOTICES; REMOVAL: It shall be the duty of all policemen to exercise a vigilant supervision over the streets, alleys, vacant lots, public grounds and premises, and to notify any person making such deposit, or who is responsible for the same, to remove the offending matter at once and to properly cleanse the place. (R.O. 1911, Sec. 259)
- S.H.A. Ch. 24, Sec. 11-60-2.
Chapter 6
Milk
SECTION:
| 7-6-1: | License Required |
| 7-6-2: | Application for License |
| 7-6-3: | Rules and Regulations |
| 7-6-4: | Definition |
| 7-6-5: | Requirements; Restrictions |
| 7-6-6: | Labels on Containers |
| 7-6-7: | Violation |
7-6-1: LICENSE REQUIRED: No person shall engage in the sale, delivery or distribution of milk within the City without a license therefore as hereinafter provided. For the purpose of this Chapter, the word “milk” as used herein, shall include skimmed milk, sour milk, buttermilk and cream. This Chapter shall be construed as applying severally to the different classes of persons licensed hereunder. *1
7-6-2: APPLICATION FOR LICENSE: Persons desiring to engage in such business within the City shall make application to the Clerk, who with the Mayor, shall have power to issue license upon satisfactory proof that the applicant is entitled to same. The annual fees foe engaging in the business of the sale, delivery and distribution of milk shall be one dollar. ($1.00).
7-6-3: RULES AND REGULATIONS: The Board of Health is hereby invested with the power to make rules and regulations regarding the application for license, the issuance and revocation thereof wherever these rules and regulations of this Chapter may be violated, and to make suitable and regulations governing the sanitary conditions under which milk is produced, transported, stored and handled. The Sanitary Police, or other representative of the Board of Health, shall have authority to enter at all reasonable hours and inspect all places where milk is kept, transported or produced.
7-6-4: DEFINITION: Milk is the lacteal secretion, practically fee from colostrum, obtained by the complete milking cows, which contain not less then eight and one-fourth percent (8 ¼%) milk solids-not-fat and not less then three and one-fourth percent (3 ¼ %) milk fat. *2
7-6-5: REQUIREMENTS; RESTRICTIONS: All raw milk offered for sale or kept for sale or distribution to the consumer of raw milk in the City shall be derived form animals proven healthy by veterinarian examination and free from tuberculosis; shall not contain more that two hundred thousand (200,000) bacteria per milliliter, nor any pathogenic bacteria, and shall be produced under the following conditions:
(A) All person living on premises where such milk is produced, or employed thereon, and all persons handling or in contact with the milk in dairies or other places, shall be free from contagious or infectious diseases, and shall not have been exposed to any person having a contagious disease.
(B) No person who is a typhoid, paratyphoid, diphtheria or septic sore throat carrier shall be employed in the production of or handling of such milk. *3
(C) It shall be the duty of every person with knowledge of the facts to notify the Board of Health at once of any sickness in any person or persons living or employed in any place where milk is produced, handled or sold. Milk and Milk derivatives, which have been exposed, shall not be shipped into or sold in the City, unless the consent of the Board of Health or legally qualified authority has been secured.
7-6-6: LABELS ON CONTAINERS: No milk except skimmed milk, buttermilk or sour milk, shall be peddled or sold at retail in quantities less than one gallon except in containers bearing the true name of the article, the name and address of the producer, dealer or distributor and the net volume of the contents, in accordance with the Illinois Food Law.
7-6-7: VIOLATION: When it appears from the record that this Chapter has been violated, the Board of Health or other legally qualified authority shall cause notice of such fact to be given to the party or parties concerned, the party or parties so noticed shall be given an opportunity to be heard; the notice shall specify the date, hour, and place of hearing; the hearing shall be private. If after such hearing the Board of Health or other legally qualified authority shall believe this Chapter has been violated, he shall cause the party or partied concerned to be prosecuted. (Ord. 194, 12-1-24)
- For Statute provisions regarding the sale of milk see S.H.A. Ch. 56 ½, et seq.
- S.H.A. Ch. 56 ½, 170.01.
- S.H.A. Ch. 56 ½, 213a.
Chapter 7
Garbage
SECTION:
| 7-7-1: | Definitions |
| 7-7-2: | Deposits in Containers |
| 7-7-3: | Container Specifications |
| 7-7-4: | City to Collect |
| 7-7-5: | Service Charge |
| 7-7-6: | Accumulation of Garbage and Debris Prohibited |
| 7-7-7: | Roll off Dumpsters |
7-7-1: DEFINITIONS: For the purpose of this Chapter the following terms shall have the definitions herein ascribed to them:
| Garbage | The term “garbage” as used in this Chapter shall be held to mean and include waste resulting from the handling, preparation, cooking and consumption of food, waste from handling, storage and sale of produce. |
| Debris | Refuse, as defined in this Chapter, including but not limited to combustible trash including but not limited to paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture, noncombustible trash including but not limited to metals, tin cans, metal furniture, dirt, small quantity of rock, pieces of concrete, glass, crockery, or metal waste, steel. (Ord. 91-16, 9-16-91) |
| Dumpster | The term “dumpster” as used in this Chapter shall be held to mean and include a metal container, capable of being mechanically adapted to the loading equipment of the City garbage truck. (Ord. 80-1, 3-3-80) |
| Refuse | Combustible trash including but not limited to paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture, noncombustible trash including but not limited to metals, tin cans, metal furniture, dirt, small quantity of rock, pieces of concrete, glass, crockery, or metal waste, steel. |
| Rubbish | Including but not limited to steel sweepings, dirt, leaves, dirt container of litter, receptacles by refuse does not mean earth and waste from building operations nor shall it include solid waste resulting from industrial premises and manufacturing operations such as food producing waste, boiler-house cinders, lumber sweepings and shavings. (Ord. 70-11, 1970) |
| Ashes | Residue from fire used for cooking and heating buildings. (Ord. 70-11, 1970) |
7-7-2: DEPOSITS IN CONTAINERS: It shall be unlawful for any person to deposit or place any garbage, within the meaning of this Chapter, in any alley, street, river or other public place within the City, nor shall any person deposit or place any garbage upon private property whether owned by such person or not within the limits of the City, unless the same shall be enclosed in a suitable container. *1 (Ord. 362, 9-4-51)
7-7-3: CONTAINER SPECIFICATIONS: Containers used in the residential areas shall be as requested by the collector contracted by the City Council. These shall conform to all local, State and Federal regulations applicable to the disposal of solid waste, including separation of various materials as required by these regulations. (Ord. 90-02, 6-4-90) However, such containers shall be one of the following types of Approved Container and meet the following requirements:
“Approved Container” shall mean as follows:
- For Household Waste:
- Bundle – An accumulation of securely tied (if appropriate) Household Waste not exceeding four (4) feet in length nor fifty (50) pounds in weight
- Can – A durable and reusable metal or plastic container, commonly referred to as a “garbage can” that has a capacity of not less than four (4) gallons nor more than thirty-two (32) gallons and a weight of not more than fifty (50) pounds and that is animal proof, watertight, and equipped with handles so that it may be lifted by one (1) person and with a tight-fitting cover or lid.
- Dumpster – A metal container, commonly referred to as a “dumpster”, that has a volume of one (1) cubic yard or more and that is animal proof, watertight, equipped with an attached and tight-fitting cover or lid, designed for handling by mechanical means, and compatible with the equipment of the contractor engaged by the City to provide Residential Waste Collection, transportation, and disposal services.
- Toter – A wheeled cart, commonly referred to as a “toter”, that has a capacity of ninety (90) gallons and that is animal proof, watertight, equipped with and attached and tight fitting cover or lid, and compatible with the equipment of the Contractor engaged by the City to provide Residential Waste Collection, transportation, and disposal services.
- For Landscape Waste:
- A two (2) ply, fifty (50) pound wet strength, self-opening, flat-bottom, compostable paper bag for the collection of Landscape Waste with a capacity of not more than thirty-two (32) gallons.
- A bundle not exceeding four (4) feet in length nor fifty (50) pounds in weight of limbs, branches, and/or brush not exceeding six (6) inches in diameter securely tied using biodegradable cord, rope, string, or twine.
- For Recyclable Waste:
- An approved, durable, reusable, hard walled plastic bin or container with a capacity of not more than eighteen (18) gallons designed and intended solely for the containment of Recyclable Waste.
- A bundle not exceeding four (4) feet in length nor fifty (50) pounds in weight of broken down-corrugated cardboard securely tied using biodegradable cord, rope, string, or twine.
For purposes of this section only, the following definitions shall apply:
- “Dwelling unit” shall mean a living space designed and intended to accommodate a single family.
- “Household Waste” shall mean any and all accumulations of waste material resulting from the operation of a dwelling unit.
- “Landscape Waste” (also known as Yard Waste) shall mean all accumulations of grass or shrubbery cuttings, leaves, tree limbs, and other materials as the result of the care of lawns, shrubbery, vines, trees, but shall not include soil.
- “Recyclable Waste” shall mean the following:
- Corrugated cardboard
- Clear and colored glass bottles/containers
- Aluminum, bi-metal, steel, and tin cans.
- Newspapers.
- All high-density polyethylene (H.D.P.E.), low density polyethylene (L.D.P.E.) and polyethylene terephthalate (P.E.T.) plastics
- Any other items the City and the Contractor engaged by the City to provide Residential Waste collection, transportation, and disposal services may agree to recycle in the future. (Ordinance No. 2009-06 Adopted 06/01/2009).
7-7-4: CITY TO COLLECT: The City shall cause to be collected all garbage, refuse and yard waste permissible by regulations from the residential areas placed in containers as specified in Section 7-7-3. ( Ord. 90-08, 7-16-90)
7-7-5: SERVICE CHARGE: There is hereby established a service charge of thirteen dollars ($13.00) per month on all residences within the corporate limits from September 31, 2007 until December 31, 2007 and thirteen dollars forty-five cents ($13.45) from January 1, 2008 until December 31, 2008. This shall be billed every month with the City water/sewer bills. (Ord. 2007-11).
7-7-6: ACCUMULATION OF GARBAGE AND DEBRIS PROHIBITED:
(A) Garbage and Debris: It shall be unlawful for any person to permit the lot and premises owned or possessed by him to have accumulated thereupon garbage and debris; and the same shall be removed and such premises kept in a neat, clean and sanitary condition.
(B) Removal; Notice: It shall be the duty of the Chief of Police to serve or cause to be served notice upon the owner or occupant of any premises on which garbage and debris are permitted to accumulate in violation of the provisions of this Ordinance, and to demand the abatement of such nuisance within five (5) days.
(C) Abatement: If the person so served does not abate the nuisance within five (5) days, the Chief of Police may proceed to cause the abatement of such nuisance, keeping an account of the expense of the same, and such expense shall be charged to and paid by the owner or occupant.
(D) Lien for Costs: If the owner or occupant charged with expense of abatement shall fail to pay therefore within thirty (30) days of the date said garbage and/or debris is removed, then the Clerk may cause to be filed within sixty (60) days of the date said garbage and/or debris is removed, a Notice of Lien in the office of the Recorder of Deeds of Fulton County, Illinois. The notice shall consist of a sworn statement setting out (1) the description of real estate sufficient for identification thereof, (2) the amount of money representing the cost of expense incurred or payable for such abatement, and (3) the date or dates when such cost and expense was incurred by the City. *2 (Ord. 91-16, 9-16-91)
7-7-7: ROLL OFF DUMPSTERS: Any dumpster of a type that is trucked to its location and rolled off the transport for later pick up, shall not be parked in the City of Farmington for longer than 30 days in any 365 day period without being dumped. (Ordinance NO. 2009-10 Adopted 11/21/09)
- Not available
- S.H.A. Ch. 24, 11-20-13.
Chapter 8
Mosquito Breeding
SECTION:
| 7-8-1: | Mosquito Control and Abatement |
| 7-8-2: | Penalty |
7-8-1: MOSQUITO CONTROL AND ABATEMENT:
(A) Standing Water as Public Nuisance: All stagnant water in which mosquitoes can multiply is hereby declared to be a public nuisance. All items containing stagnant water, which can serve as a breeding ground for mosquitoes, are hereby declared to be a public nuisance. This includes, but is not limited to, bottles, cans, buckets, swimming pools, clogged gutters or any other places containing stagnant water. The outdoor storage of open, unrimmed tires for more than seven (7) consecutive days is declared a public nuisance. The foregoing declarations of public nuisance shall not apply to ditches, drainage ways, detention basins, lakes, streams, and natural land formations where water may collect.
(B) It shall be unlawful for any property owner, lessee, tenant, or other person otherwise in control of property to allow a public nuisance as set forth in Section 7-8-1 (A) to exist on any property owned, leased, used, occupied or in which such person otherwise has an interest to remain on such property.
(C) Nuisance Abatement: In the event of a violation of Section 7-8-1 (A) the City Administrator or his designee, shall notify, in writing, such owner, occupant, person in control, or agent to remove such public nuisance. In the event such owner, occupant, person in control, or agent cannot be located after reasonable inquiry, posting shall be sufficient notice. The notice shall state that unless such nuisance is so abated or removed by a specified date, the City will cause it to be abated or removed, that the cost thereof will be charged to the owner, occupant, or person causing, permitting or maintaining the nuisance, and that such cost shall be a lien upon the real property where the nuisance was abated or removed. Such notice shall also state that the failure of such owner, occupant, person in control, or agent to abate the nuisance as required by such notice shall be deemed an implied consent for the City to abate or remove such nuisance. Such implied consent shall be deemed to form a contract between such owner, occupant, person in control, or agent who fails to abate any nuisance within the time limit specified in such notice, the City may proceed to abate such nuisance, keeping an account of the expense of the abatement as to each particular lot or tract, and such expense shall be charged and paid by such owner, occupant, person in control, or agent.
(D) Administrative Expense: in addition to the expense set forth in Section 7-8-1 (C) the City shall charge a fifty dollar ($50.00) fee to cover a portion of the administrative cost incurred for removal of the nuisance. Where the City causes the removal of public nuisances form more than one lot in the same subdivision and said lots are owned by the same persons, then the City shall charge a fifty dollar ($50) fee for the first such lot and a five dollar ($5.00) fee for each additional lot.
(E) Lien or Personal Judgment: If the cost of abating or removing the nuisance remains unpaid, the City at its option, may file a lien upon the real property where the nuisance was abated or removed, or commence proceedings in the Circuit Court seeking personal judgment from the owner of or person interested in such property where the nuisance was abated or removed.
a. Lien: When the City exercises its right to file a lien upon the real property where the nuisance was abated or removed, the City must file a Notice of Lien in the office of the Recorder of Deeds of Fulton County. Such notice shall consist of a sworn statement setting out:
- A description of the real estate, sufficient for identification.
- The amount of money representing the cost and expense incurred or payable to the service and;
- The date or dates, when such cost, or expense was incurred by the municipality. This lien shall be superior to all other liens except taxes, provided, however, it shall not be valid as to any purchaser whose right in and to such real estate have risen subsequent to the date on which such costs were incurred and prior to filing of such Notice and a lien of the City shall not be valid as to any mortgages, judgment, creditor, or other lien whose rights in and to such real estate arise prior to the filing of such notice. Upon payment of the costs and expenses by the owner or any other person interested in such property, after the Notice of Lien has been filed, the lien shall be released by the City and the release may be filed of records as in the case of filing the Notice of Lien. The lien may be enforced by proceeding to foreclosure, as provided by law.
b. Personal Judgment: When the City exercises its right to obtain a personal judgment against an owner, occupant, person in control, or agent for the cost of abatement or removal of a nuisance, the City shall file an action in the Circuit Court against any person or persons to whom notice is sent as authorized in Section 7-8-1 (C).
Said action shall be based upon the implied consent by said persons to form a contract with the City for the abatement or removal of said nuisance. The action authorized by this paragraph shall be in addition to, without waiver, of any other remedy.
7-8-2: PENALTY: Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with or resisting or opposing the enforcement of any of the provisions of this chapter, except when otherwise specifically provided, upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. A separate and distinct offense shall be regarded as committed each day upon which said person shall continue any such violation or permit any such violation to exist. (Ord. 03-04)