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(A) No person shall build, construct, use or maintain any fence or barrier consisting or made of barbed wire or of which barbed wire is a part within the city, along the line of or in or upon any street, alley or public walk or drive or through, along or around any public park or in and about or along any land or lots or park owned or controlled by the city.
(B) Wherever in the city in, along or through any public street, alley or park, barbed wire is found in use, in part or in whole, for a fence or barrier, the same shall forthwith be removed by the Superintendent of Streets.
(Prior Code, § 95.36) Penalty, see § 10.99
(A) For the purposes of this section, the term POND shall be considered to mean any exposed surface of water not less than 100 square feet in area which has accumulated either by natural or artificial means in any depression or connected series of depressions or excavations, whether existing naturally or created artificially.
(B) Allowing water to accumulate and remain in a pond or ponds, either wholly or partly within the limits of any private property, for a period of more than ten consecutive days is declared to be a nuisance and shall be abated as such.
(Prior Code, § 95.37) (Ord. 1519, passed 4-13-1942) Penalty, see § 10.99
In order to suppress disease and to protect and promote the public health, it is declared to be a public nuisance for any person who owns, rents, controls occupies or possesses any land or lot within the city or within one-half mile of the city corporate limits:
(A) 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 such place to the prejudice of others; and/or
(B) To erect or 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 the public.
(Prior Code, § 95.38) (Ord. 1842, passed 7-24-1944) Penalty, see § 10.99
(A) Excessive light endangers physical and emotional health and well-being, interferes with legitimate business and recreational activities, depresses property values, offends the senses, and in other respects reduces the quality of the community and environment. As such, the following light nuisances are declared and prohibited.
(1) No person shall permit exterior lighting on private property to cause a reflection and/or glare of light in any manner which creates a nuisance or safety hazard to operators of motor vehicles, pedestrians, or adjacent neighboring property.
(B) Exterior lighting must comply with the following guidelines so as to not create a nuisance:
(1) Pathways, sidewalks, and trails shall only be lighted with low-level fixtures (less than 150 watt incandescent) that shall not exceed a maximum height of seven feet above grade, including the top of the light fixture.
(2) All exterior lighting on buildings for security or aesthetics shall include glare controls, shall be shielded/shaded, and shall be directed inwardly so that no direct light or glare from the fixture projects onto adjacent property or the street.
(3) Floodlighting and spotlights will not be allowed for use in front yards and are discouraged in other areas. For the purposes of this Section, the front yard is the area between the front of the structure and the street. For lots being bordered by multiple streets, each street side will be considered the front yard and will end at the building line. If floodlighting and spotlights are used in areas other than the front yard, they shall be on a timer so as to shut down by 10:00 p.m. and will not be continuously lit again until 7:00 a.m. Floodlighting and spotlights can be used with a censoring type of device. The light sensor will have an activation time set so the light is on not longer than ten minutes.
(4) “Wall Packs” on the exterior of the building shall be fully shielded to direct the light downward, shall be mounted not more than seven feet above grade, and the lighting element or “bulb” shall be 100 watts or lower.
(5) This section does not apply to public street lighting or parking lot lighting.
(Ord. 2023-020, passed 3-30-2023)
CHRONIC NUISANCE PROPERTIES
The purpose of this chapter is to establish the obligation of owners of property to register so the city can advise such an owner whether there are nuisances regarding the owner’s property that have become chronic and require immediate abatement of those nuisances on and from that property and to establish a registry for any property requiring certain inspections as a result of being adjudged a chronic nuisance property in violation of this chapter.
(Ord. 2021-29, passed 8-24-2021)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTACT. Includes any communication made by an owner, tenant, guest, neighbor or other individual to police or other emergency services.
CONTROL. The ability to regulate, restrain, dominate, counteract or govern conduct that occurs on that property either directly or by intervention of any governmental authority.
DIRECTOR. The city’s Building Official.
DISABILITY. With respect to a person:
(1) A physical or mental impairment which substantially limits one or more of such person’s major life activities;
(2) A record of having such an impairment; or
(3) Being regarded as having such an impairment, but such term does not include current illegal use of, or addiction to, a controlled substance, as defined in the Federal Controlled Substance Act, 21 U.S.C. § 802.
DOMESTIC VIOLENCE. Physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation, but does not include reasonable direction of a minor child by a parent or person in loco parentis.
DWELLING UNIT. One or more rooms which are arranged, designed or used as living quarters for a family, or for a community residence as a single housekeeping unit. A DWELLING UNIT includes bathroom and kitchen facilities in addition to sleeping and living areas.
NUISANCE ACTIVITY or NUISANCE ACTIVITIES. Any City Building Code or Property Maintenance Code violations; criminal activities, behaviors, or conduct, as defined by federal or state law; including, but not limited to, the physical conditions and criminal activities set forth in § 95.074(A) and (B), respectively, but excluding any activities set forth in § 95.074(C).
OWNER.
(1) Any person, partnership, land trust or corporation having any legal or equitable interest in the property.
(2) OWNER includes, but is not limited to:
(a) Mortgagee in whom is vested:
1. All or part of the legal title to the property;
2. All or part of the beneficial ownership and the rights to the present use; and
3. A right to pursue foreclosure when mortgage is in default.
(b) An occupant who can control what occurs on the property; and
(c) Any person acting as an agent of an owner as defined herein.
PERMIT. To suffer, allow, consent to, acquiesce by failure to prevent, or attempt to prevent, or expressly assent or agree to the doing of an act.
PERSON. Any natural person, association, partnership, corporation or other entity capable of owning, occupying or using property in the city.
PERSON IN CHARGE. Any person in actual or constructive possession of a property, including, but not limited to, an owner, property manager, tenant or occupant of the property in question under his or her ownership or control.
PROPERTY. Any real property, including its land and that which is affixed, incidental or pertinent to land, including, but not limited to. any premises, room, house, building, or structure, or any separate part or portion thereof.
SEXUAL VIOLENCE. Has the meaning provided under § 10 of the Safe Homes Act, 765 ILCS 750/10.
TENANT. A person who has entered into an oral or written lease with an owner whereby the person is the lessee under the lease.
(Ord. 2021-29, passed 8-24-2021)
Nothing in this subchapter shall limit or prohibit the authority of city officers or employees from enforcing any other provision of the code of ordinances or any state or federal law under their jurisdiction. None of the inspection provisions shall prohibit, condition or otherwise limit any inspection conducted under any other provision of this code of ordinances or other applicable law.
(Ord. 2021-29, passed 8-24-2021)
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