Lake County Municipal Code Div. 1 Generally

(a) Garbage includes, but is not restricted, to any and all of the following: Garbage, swill, refuse, cans, bottles, paper, vegetable matter, trash, and rubbish, carcass of any dead animal, offal from any slaughter pen or butcher shop.

(Ord. No. 370, § 1, 1954)

(Ord. No. 370, § 3, 1954)

(a) A person, firm or corporation is deemed to be disposing of their own garbage when the garbage has been created on the property of the person, firm or corporation and the garbage is being hauled without charge to any person by the person owning or managing the property or by a full-time employee of that person, firm or corporation who hauls that garbage only as a portion of his duties and incidental thereto.

(Ord. No. 760, § 1, 8-21-73)

(b) Any person who may collect or haul garbage without compensation or consideration for another as a friendly, neighborly or filial gesture shall be deemed to be hauling his own garbage and shall not be in violation of this section.

(Ord. No. 760, § 1, 8-21-73)

(c) Grass, weeds, tree trimmings, construction debris, demolition debris or other forms of trash may be hauled by any person, firm or corporation when that person, firm or corporation has been hired or has contracted to cut, trim, mow, construct, demolish or clean up the property on which the grass, weeds, trees, construction or demolition debris or trash has been created and when the hauling is done as a part of and as an incident to such hiring or contracting.

(Ord. No. 760, § 1, 8-21-73)

Refuse enclosure areas shall be designed to be serviced by commercial mechanical loading trucks and shall meet the following requirements:

(a) A refuse container enclosure shall be not less than ten feet (10′) wide, seven and one-half feet (7′6″) deep and six feet (6′) high with a minimum four inch (4″) thick concrete slab and a minimum three-foot (3′) concrete apron at the opening.

(b) Gates, if installed on the refuse container enclosure, shall be double doors, opening at the center and level with the access road.

(c) Access roads shall provide all weather access and be capable of supporting the weight of the refuse collection vehicle.

(d) Access roads shall have a minimum width of twelve feet (12′).

(e) A turnaround for the collection vehicle shall be provided in the immediate vicinity of the enclosure area. The turnaround area shall not be less than a thirty-two foot (32′) radius.

(f) Overhangs, wiring or other obstructions on the approach to the container area must be at least thirteen feet six inches (13′6″) high and must be at least sixteen feet (16′) high directly over the enclosure area.

(g) The number and size of containers shall be adequate to contain the refuse generated upon the premises.

(Ord. No. 2650, § 1, 7-8-2003)

(a) There is limited available space in a pre-existing use, making the construction of an enclosure impossible, impractical or creates a hardship.

(b) The spread of litter and debris is mitigated by pre-existing walled, fenced or otherwise enclosed surroundings.

(c) Access and servicing by the franchise hauler would be hindered by an installed enclosure.

(d) The property is in an isolated and rural area where the refuse containers cannot be seen from public streets or residential areas.

(a) The proposed use and the volume of expected refuse.

(b) The type and size of refuse and recycling containers.

(c) The number of refuse and recycling containers to be used.

(d) The location and storage of the containers and proposed screening from public view.

(e) The times and frequency of disposal.

(f) The day and time refuse containers are placed at the street when service is provided, and the time they shall be removed from the street after pickup.

(g) The property owner, the tenant and/or other responsible person(s) in charge of the daily management of the refuse; however, the ultimate responsibility for refuse, garbage and litter control shall remain with the Owner of the property.

(a) The site meets one (1) or more of the criteria specified in Section 9-7.1.

(b) The RLC plan complies with the requirements of Section 9-7.3.

(c) The RLC plan has been reviewed by the franchise hauler.

(d) The RLC is consistent with the Lake County Code.

(Ord. No. 2650, § 2, 7-8-2003; Ord. No. 2754, § 1, 10-25-2005)

9.1 A violation of any provision of Sections 9-6, 9-7, 9-8 or any condition of an RLC plan is punishable as an infraction by a fine not exceeding one hundred dollars ($100.00); or as a misdemeanor by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each separate day or any portion thereof on which any violation occurs shall be deemed to constitute a separate offense punishable as herein provided.

9.2 Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of Sections 9-6, 9-7 or 9-8 of this article and any use of land or buildings operated or maintained contrary to the provisions of Sections 9-6, 9-7, or 9-8 of this article are hereby declared to be public nuisances and shall be abated pursuant to Chapter 13 of the Lake County Code. The remedies provided for in this section shall be in addition to any other remedy or remedies or penalties provided in this chapter or any other law or chapter.

(Ord. No. 2650, § 4, 7-8-2003)

Those officers and employees set forth in Section 21-61.3 of Chapter 21 of the Lake County Code shall enforce the provisions of Sections 9-6, 9-7 and 9-8 of this article and all RLC plans issues pursuant to said sections.

(Ord. No. 2650, § 5, 7-8-2003)