O-12-41VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -12 -41
AN ORDINANCE ADOPTING RESIDENTIAL
COMPOSTING REGULATIONS
WHEREAS, the corporate authorities of the Village of Deerfield support and encourage
the diversion of recyclable and compostable commodities generated by residential households in
the Village from Illinois landfills; and
WHEREAS, the corporate authorities of the Village of Deerfield have determined that
many residents of the Village currently engage in responsible household composting activities,
and that all residents should be encouraged to do so in accordance with environmentally sound
and sustainable practices; and
WHEREAS, the Sustainability Commission of the Village of Deerfield has
recommended that the Village adopt regulations expressly permitting residential households in
the Village to engage in on -site composting of household generated food scraps and yard waste
in accordance with standards and regulations set forth herein so that residential composting
facilities shall not attract or harbor pests, nor create any public or private nuisance; and
WHEREAS, the corporate authorities of the Village of Deerfield have determined that it
is in the best interests of the Village of Deerfield that Municipal Code of the Village of Deerfield
be amended as provided herein to encourage and regulate the composting of compostable
household generated food and landscape waste in the residential districts of the Village of
Deerfield;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: The above and foregoing recitals, being material to this Ordinance, are
incorporated and made a part of this Ordinance by this reference.
SECTION 2: That Chapter 12 ( "Health ") of the Municipal Code of the Village of
Deerfield, as amended, be and the same is hereby further amended to add the following as
Article 7 thereof:
ARTICLE 7. RESIDENTIAL COMPOSTING REGULATIONS.
Sec. 12-50. Definitions:
(A) "Composting" means the biological treatment process by which
microorganisms decompose the organic fraction of waste, producing compost.
(B) "Food waste" means all edible products or table scraps generated by a
household and appropriate for a backyard composting program as recommended
by the United States Environmental Protection Agency. Eligible items include
cooked or uncooked fruits and vegetables, bread and grains, coffee grounds and
filters, and egg and nut shells. Ineligible items include dairy products and eggs,
fats, lard, grease, oily foods, and meat or seafood scraps.
(C) "Landscape waste" means all accumulations of grass clippings, brush and
shrub cuttings, leaves, tree limbs, and other materials generated by a household
and collected as a result of the care of lawns, vines, bushes, shrubs, and trees
growing on the residential lot, but excluding tree, brush, or shrub branches in
excess of one -half inch (' /z ") in diameter
(D) "Compost" means the humus -like material produced by composting
landscape waste and food waste.
(E) "Compost bin" means a structurally sound covered or uncovered container
made of durable material and enclosed on all vertical sides.
(F) "Turning bin" means a composting system designed to compost larger
amounts of landscape waste in a shorter period of time and consists of not more
than three (3) contiguous and enclosed compost bins.
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(G) "Compost Pile" means a designated area where landscape waste is kept and
turned without the use of a compost or turning bin.
(H) "Household" means the lawful occupants of a single- family residential
dwelling located on a lot in the R -1, R -2, R -3, R -4 or R -5 Residence Districts.
(I) "Lot' means a residential lot not less than 5,000 square feet in the R -1, R -2, R-
3, R -4 or R -5 Residence Districts.
See. 12-51. Regulations:
(A) No landscape waste shall be stored on the lot from which it is generated for
more than seven (7) days unless composted as provided herein.
(B) All landscape waste to be composted shall be kept in a compost bin or
turning bin, either of commercial or home construction, or in a well maintained
and managed compost pile. Tree, brush, or shrub branches in excess of '' /z" in
diameter shall not be permitted in a compost bin, turning bin, or compost pile.
(C) Compost bins, turning bins, or compost piles shall not be located on the front
yard of a lot. On corner lots, bins or piles shall not be located on the side yard
abutting the street.
(D) Bins or piles shall not be located in a drainage easement or drainage way, and
no drainage way shall be blocked or impeded in a substantial way by landscape
waste, compost bins or compost piles.
(E) Bins and piles shall be maintained in good condition and shall not be allowed
to become unsightly, allowed to emit foul odors, attract animals, or otherwise
become offensive or a nuisance.
(F) Bins or piles shall not be located in Special Flood Hazard Areas, Floodways,
or in such a manner as to block access to or obstruct the legal use of utility or
other easements.
(G) Food waste is permitted in properly managed compost bins and turning bins,
but is not permitted in compost piles.
(H) Notwithstanding anything herein to the contrary, grass clippings and leaves
may be left on the lawn when cut otherwise used for lawn care.
(I) In no event shall any composting activities be conducted in a manner which
creates an odor, litter, dust or noise nuisance, or which attracts vermin or pests.
Each and every violation of a standard set forth in this Article is hereby declared
to be a nuisance and a separate violation of Section 12 -51.
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Sec. 12-52. Penalties:
(A) Any violation of this section shall be subject to a fine of not less than fifty
Dollars ($50.00) and not more than Five Hundred Dollars ($500.00)
(B) Any violation of this section may be handled through the procedures in
Section 1 -30 of the Village of Deerfield Code of Ordinances.
SECTION 3: That Section 1 -30 ( "Alternative Citations and Fines for Miscellaneous
Offenses ") of Chapter 1 ( "General Provisions ") of the Municipal Code of the Village of
Deerfield be and the same is hereby amended to add the following violations as offenses which
may be settled, compromised and paid pursuant to Section 1 -30:
Violation Compromise Late Payment
Amount Amount
Chapter 12, Health
Residential Composting Regs. $50 $100
(Sec. 12 -51)
SECTION 4: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b)
legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
SECTION 5: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
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PASSED this 1,,i day of December '2012.
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 3rd day of December , 2012.
1.�
Village Pr sident
ATTEST:
S
i age Clerk
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