HomeMy WebLinkAboutORDINANCE - 2063 - 9/12/1989 - SHOPPING CTR DEBRIS & LITTERORDINANCE NO. 2063
AN ORDINANCE AMENDING CHAPTER 24 - MISDEMEANORS AND
OTHER OFFENSES - BY ADDING THERETO A NEW SECTION CONCER
SHOPPING CENTER DEBRIS AND LITTER
WHEREAS, the Village of Elk Grove Village permits the exis-
tence of shopping centers in certain of its business zoned dis-
tricts; and
WHEREAS, the President and Board of Trustees of the Village
have become increasingly aware of the existence of litter and
debris on property, including residential property, abutting
said shopping centers; and
WHEREAS, the President and Board of Trustees hereby declare
and find it to be a nuisance for such litter and debris to accumu-
late and otherwise remain on public streets and private property
located adjacent to shopping centers; and
WHEREAS, the owners and managers of shopping centers as
well as the owners and managers of the individual stores located
therein are cognizant of the fact that litter and debris accumulate
and gather in areas adjacent to their stores and shopping center
and that said accumulation of debris is caused by the patrons of
the shopping center; and
WHEREAS, it is deemed to be in the best interest of the
Village that the owners and managers of the shopping center and
their tenants take such action as is necessary to abate this
increasing nuisance.
NOW, THEREFORE, BE IT ORDAINED by the President and Board
of Trustees of the Village of Elk Grove Village, Counties of
Cook and DuPage, Illinois, as follows:
Section 1: That Chapter 24 - MISDEMEANORS AND OTHER OF-
FENSES - of the Municipal Code of the Village of Elk Grove Village
is hereby amended by adding thereto a new section which shall
read as follows:
24.049 - Shopping Center Debris.
A. Accumulation of Litter Prohibited.
It shall be deemed a nuisance and therefore
unlawful for the owner or managing agent of
a shopping center or for any tenant or lessee
thereof to allow, suffer, cause or permit
debris, litter or garbage to scatter, accum-
ulate or otherwise remain on property located
within the shopping center or on public or
private property located within three hundred
(300') feet of the property line of the shopping
center.
B. Primary Responsibility/Rebuttal.
The provisions of this section shall be app-
licable to shopping centers or their tenants
irrespective of whether or not the accumula-
tion or scattering of litter or debris is
caused by a third party invitee or customer
of said shopping center. The presumption
of primary liability and responsibility on
the shopping center or any tenant thereof
may be rebutted by the presentation of suf-
ficient evidence with respect to the shopping
center or tenant having in place an effective
clean up or exterior litter maintenance pro-
gram which must include the employment of
individuals on a daily part-time basis for
the specific purpose of eliminating litter
or debris on the shopping center premises
and on public or private property located
within three hundred (300') feet thereof.
C. Penalty.
Any person, firm or corporation violating
any of the provisions of this section shall
be subject to a fine of not less than Twenty -
Five ($25.00) Dollars nor more than Five
Hundred ($500.00) Dollars for each offense.
Section 2: That the Village Clerk is hereby authorized
to publish this Ordinance in pamphlet form.
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Section 3: That this Ordinance shall be in full force and
effect from and after its passage, approval and publication ac-
cording to law.
VOTES: AYES: 6 NAYS: 0 ABSENT: 0
APPROVED:
Charles J. Zettek
VILLAGE PRESIDENT
ATTEST:
Patricia S. Smith
VILLAGE CLERK
PASSED this 12th day of September 1989.
APPROVED this 12th day of September , 1989.
PUBLISHED this 14th day of September 1989,
in pamphlet form.
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