September 8, 2026 | Freeport, IL
Presented by Brian Keller
FOR THE PEOPLE | F4F NEWS
Investigative Reporting, Editing & Publication
Joshua T. Atkinson
Chairman | Fighting4Freeport
Proposed ordinance adds a seven-day limit, contractor restrictions, storm-drain protections, enforcement powers and potential cleanup costs
Putting leaves at the curb in Freeport could soon come with a much more detailed set of rules.
The Freeport City Council is scheduled to hold the first reading of Ordinance #2026-53 tonight, a substantial rewrite of the City's regulations governing its municipal leaf collection program.
Presented by City Manager William Rob Boyer, the proposal is being brought forward primarily to bring Freeport's rules into better alignment with Illinois Environmental Protection Agency requirements governing the City's Municipal Separate Storm Sewer System, commonly known as MS4.
But the proposed ordinance goes considerably further than simply keeping leaves away from storm drains.
If ultimately approved, the ordinance would establish new rules governing when leaves can be placed at the curb, where they can be placed, what can be included in leaf piles, who can place them there and who may ultimately be held responsible when those rules are violated.
Why Is the City Changing the Rules?
According to Boyer's September 3 memo to the City Council, Freeport's existing ordinance contains only limited requirements governing curbside leaf placement and does not adequately address stormwater protection, improper placement or other materials that could enter the City's drainage system.
City staff says the changes are intended to better align Freeport with updated Illinois EPA MS4 stormwater requirements while also clarifying how the City's leaf collection program operates.
The proposed ordinance specifically prohibits leaves from being placed over or around storm sewer inlets, catch basins, drainage ditches, swales, culverts, channels or other stormwater facilities.
The City says strengthening those restrictions will help protect its storm sewer and drainage infrastructure.
A New Seven-Day Limit
One of the biggest changes residents would notice is a new seven-day placement window.
Under the proposal, residents could not place leaves along the curb more than seven calendar days before the scheduled collection period for their area, unless specifically authorized by the City.
The City would be permitted to establish and publish collection schedules, route maps, collection zones and placement deadlines, with property owners and occupants responsible for following them.
Leaves placed after the City's final scheduled collection pass of the season would no longer be eligible for collection and would have to be removed and properly disposed of by the property owner or responsible party.
Where You Put the Leaves Would Matter
The ordinance also gets much more specific about where a leaf pile can—and cannot—go.
Leaves would have to be placed adjacent to the curb line and generally kept out of the traveled portion of the roadway.
They could not obstruct sidewalks, bicycle lanes, driveways, intersections, traffic-control devices, fire hydrants, mailboxes, utility structures or access points.
Leaf piles would also have to remain at least 15 feet away from fire hydrants.
Perhaps most importantly from the City's stormwater perspective, leaves could not be placed over, around or within storm sewer inlets, catch basins, drainage ditches, swales, culverts, channels or other stormwater conveyance facilities.
Leaves Mean Leaves
The proposed ordinance also spells out exactly what the City's leaf vacuum is supposed to collect: loose leaves.
Brush, branches, logs, stumps, grass clippings, garden waste, sod, dirt, rocks, mulch, garbage, animal waste and numerous other materials would be prohibited from leaf piles.
And the ordinance gets surprisingly specific.
Pumpkins, decorative gourds, corn stalks and holiday decorations are expressly listed among the materials that cannot be mixed into piles awaiting City collection.
Leaves intended for vacuum collection would also have to remain loose rather than being placed in bags, boxes or containers unless specifically authorized by the City.
Commercial Lawn Services Face New Restrictions
Another significant portion of Ordinance #2026-53 deals with commercial lawn and landscaping companies.
The ordinance states that Freeport's municipal leaf collection service cannot be used as a disposal service for commercial landscaping, lawn care, tree service, property maintenance, construction, excavation or similar commercial operations.
A contractor performing commercial work could not place, rake, blow, transport or otherwise accumulate those leaves within a public street, curb line, alley, right-of-way or municipal leaf collection area.
The ordinance would also prohibit transporting leaves from one property to another or combining leaves from multiple properties for the purpose of obtaining City collection.
Municipal collection would generally be limited to residential properties. Leaves generated from commercial, industrial, institutional and governmental properties—as well as multifamily properties containing more than four dwelling units—would not qualify unless otherwise authorized by the City.
Property Owners Could Be Presumed Responsible
One provision residents may want to pay particular attention to concerns who is responsible when a violation occurs.
Under the proposed ordinance, leaves deposited adjacent to a property would be presumed to have been placed there by, or with the authorization of, the property's owner or occupant.
That presumption could be challenged, but the owner or occupant would have to provide evidence satisfactory to the City showing that someone else was responsible.
The ordinance would also allow the City to pursue enforcement against a property owner, occupant, contractor, business entity or another person responsible for creating, directing, authorizing or permitting a violation.
Multiple responsible parties could potentially be held jointly and severally liable.
City Could Refuse Collection—and Charge for Cleanup
The proposal also gives City officials clearer enforcement authority.
If a leaf pile doesn't comply with the ordinance, the City could refuse to collect it, leaving the property owner or responsible party responsible for removing and properly disposing of the material.
The Director of Public Works, Superintendent of Streets or their designee could also order a pile immediately removed, relocated or corrected when it creates a traffic hazard, drainage obstruction, public nuisance, safety concern, interference with municipal operations or threat to public or private property.
If the responsible party fails to comply within the time specified by the City, Freeport could perform the work itself.
And the cost could then be assessed to the responsible party.
The ordinance authorizes the City to recover costs associated with investigating, removing, transporting, disposing of or otherwise correcting a violation, including labor, equipment, administrative expenses, disposal costs and legal fees where permitted by law.
Commercial Equipment Could Be Used as Evidence
The ordinance also contains detailed language establishing what could constitute evidence of a violation involving commercial operations.
Commercial vehicles, trailers, landscaping equipment, leaf vacuums, leaf loaders, blowers, rake crews or employees actively depositing, blowing, raking, transporting or consolidating leaves at the curb could constitute prima facie evidence that the leaves were generated as part of a commercial operation and are therefore ineligible for municipal collection.
Invoices, contracts, witness statements and surveillance recordings are also specifically identified as potential evidence.
Evidence that leaves were transported from another property or combined from multiple properties could likewise be used to establish an apparent violation.
Leaf Collection Would Be a "Discretionary Service"
There is another provision worth noting.
The proposed ordinance explicitly defines municipal leaf collection as a "discretionary service" provided by the City.
Freeport would reserve the right to modify, suspend, delay, limit or discontinue leaf collection because of weather conditions, equipment failure, staffing limitations, budgetary constraints, emergencies or other operational needs.
That means the ordinance would establish specific requirements residents must follow to qualify for collection while also making clear that the City does not guarantee that collection service will always continue or operate on its normal schedule.
What Could a Violation Actually Cost?
That's one question residents may want answered as the ordinance moves through City Hall.
Ordinance #2026-53 would also amend Section 1020.99, which governs penalties for violations of Chapter 1020.
Under the proposed language, violations of Chapter 1020—with Section 1020.11 excluded—would be fined according to the City's General Code Penalty under Section 202.99.
However, Ordinance #2026-53 itself does not reproduce the General Code Penalty or state the specific dollar amount someone could face for violating the new leaf collection requirements.
That's an important detail considering how extensively the ordinance expands the rules governing leaf collection.
Fighting4Freeport will be watching for clarification regarding exactly what penalties could apply to violations of the proposed ordinance.
First Reading Tonight
Tonight's consideration is the first reading of Ordinance #2026-53. The proposal is beginning the City Council's legislative process and is not becoming law simply because it appears on tonight's agenda.
City staff is recommending approval.
According to Boyer's memo, there is no identified financial impact associated with the proposal, and the ordinance is tied to the City's strategic-plan goal of "Responsive, efficient government."
The underlying objective—keeping leaves and debris out of Freeport's stormwater system—is straightforward.
But Ordinance #2026-53 represents considerably more than a reminder not to rake leaves over a storm drain.
It creates a detailed regulatory framework governing when leaves can go out, where they can go, who can put them there, what can be included, who is presumed responsible, when the City can refuse collection and when residents or contractors could potentially be charged for enforcement and cleanup.
For something as ordinary as putting leaves at the curb, that's a significant change—and one residents may want to follow as the ordinance makes its way through City Hall.