It is hereby declared that any of the following activities and/or conditions are nuisances and are unlawful when conducted or allowed to exist on property located within the village, whether conducted, allowed, suffered or permitted by the owner, tenant, and/or other occupant thereof (it being the intent of this chapter to make all such persons jointly and severally liable for compliance herewith):
A. Animals And Infestations:
1. Animals At Large: To wilfully allow the running at large of cattle, horses, mules, asses, swine, sheep, goats, dogs, chickens, ducks, geese, other fowl, or other domestic or exotic animals, other than on the owner's property.
2. Animal Fights: To keep or use, or permit to be kept or used, or to be in any way connected with the management of, any room, place or building or other premises for the purpose of fighting or baiting any dog, cock or other animal.
3. Offal, Filthy Substances; Animal Carcasses: To allow any offal, filth or noisome substance to be collected or deposited or to remain in any place, to the prejudice of others; to allow carcasses of dead animals or any part of decaying animal matter to so remain which is not buried or destroyed or collected within twenty four (24) hours after death; provided, that farm animals that die on a nonbusiness day shall be removed not later than the next business day.
4. Diseased Animals: To allow diseased animals to run at large.
5. Animal Houses: To house animals or fowl fifteen feet (15') from the property line if said animals or fowl create sanitary or health problems to adjacent persons or property.
6. Insects, Vermin, Rodents And Other Pests: To allow an infestation of insects, vermin, rodents or other pests. Every owner and person in control of a property, building or structure shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises whenever infestation is caused by failure of the owner to maintain the property, building or structure in rodentproof or reasonable insectproof condition. Furthermore, whenever infestation exists in the shared or public parts of any property, building, or structure, extermination shall be the responsibility of the owner. However, every occupant of a building unit shall be responsible for extermination within the building unit when such occupant is responsible for the infestation. (2013 Code § 7-2-2)
B. Exterior Property Areas:
1. Accumulation Of Offensive Substances: To accumulate manure, rubbish, garbage, refuse or junk vehicles, or human, industrial, noxious or offensive waste, except the normal storage on a farm of manure for agricultural purposes. Normal storage for agricultural purpose is considered to be two hundred sixteen (216) cubic feet per acre (6 feet x 6 feet x 6 feet accumulation) of cultivated land. (2013 Code § 7-2-2; amd. 2016 Code)
2. Depositing Offensive Substances On Public Or Private Property: To deposit or allow to be deposited offal, fecal matter, nightsoil, garbage, compost, junk, trash, refuse or other offensive substances upon public or private property, or to permit such objects to remain upon such property. Excluded from the provisions of this subsection B2 is the application of compost for horticultural purposes.
3. Depositing Offensive Substances In Waterways, Sewers, Easements Or Public Ways: To throw or deposit any offal or other offensive matter, or the carcass of any dead animal, in any watercourse, lake, pond, spring, well, sanitary sewer, storm sewer, easement, street or public highway. (2013 Code § 7-2-2)
4. Drainage Of Sump Pumps And Other Surface Waters:
a. For an owner or occupant of property ("subject property") to cause or allow direct discharge from a sump pump (including a discharge pipe) or from roofs or gutters to flow into any septic tank or to flow in unreasonable quantities upon adjacent property. Such discharge shall be directed to any drainage ditch, swale, stream, pond, storm sewer system, as permitted by the village, or other body of water on the subject property if it is practical to do so. (2013 Code § 7-2-2; amd. 2016 Code)
b. For an owner or occupant of property to cause natural drainage or other water to be directed or channeled by a pipe, swale, ditch or other drainage structure onto an adjacent property.
5. Contamination Of Water: To contaminate or render unwholesome or impure the water of any aboveground or subsurface aquifer, spring, river, stream, pond or lake, to the injury or prejudice of others or to undertake activities or actions or allow conditions that may potentially do so.
6. Littering:
a. To dump, deposit, throw, discard, leave, or cause or permit the dumping, depositing, discarding or leaving, of litter upon any public or private property in the village, including upon any river, lake, pond, stream or body of water.
b. To dump, deposit, throw, discard or otherwise dispose of litter from any motor vehicle upon any public road, upon any public or private property, including the road right of way, or into any river, lake, pond, stream or body of water in the village.
7. Storage Of Junk, Trash Or Refuse: To keep or store junk, trash and refuse on property. Without limiting the generality of the foregoing, "junk, trash and refuse" is defined herein to include any and all waste matter, whether reusable or not, which is offensive to the public health, safety and welfare of the neighborhood, and is specifically intended to include, but not to be limited to, trucks, tractors, machinery of any kind, any parts thereof, iceboxes, refrigerators, freezers, stoves, metal drums or other containers, paper, construction debris and raw garbage irrespective of whether or not such objects are located on the property of the owner or bailee of such objects. This subsection B7 shall not apply to refuse disposal facilities regulated by the state, the county, or the village.
8. Placement Of Garbage And Containers: To place household garbage in any outside container so that the household garbage is accessible to animals. Further, it shall be a nuisance and unlawful to place garbage or trash out for collection more than twenty four (24) hours before the scheduled pick up time.
9. Offensive Containers: To allow privies, vaults or garbage cans which are offensive and which are not flytight, verminproof and rodentproof, or do not comply with the requirements of this chapter.
10. Inoperable Motor Vehicles: To keep inoperable motor vehicles on public or private property, unless on the premises of a duly licensed business engaged in the wrecking or junking of motor vehicles or unless in an enclosed permanent structure.
11. Spraying Effluent: To engage in or allow the application of effluent from any wastewater treatment facility within any subdivision approved after November 8, 2010. This prohibition may be waived by a two-thirds (2/3) vote of the corporate authorities upon a petition being filed with the corporate authorities and after a public hearing following such notice as the building and zoning officer shall determine and upon a determination by such two-thirds (2/3) vote that it would be in the public interest to permit such spraying.
12. Burning Garbage: To burn garbage or rubbish outdoors with the exception of brush. (2013 Code § 7-2-2)
13. Burning Manure: To burn manure. (2013 Code § 7-2-2; amd. 2016 Code)
14. Storage Of Construction Materials: To store lumber or other building materials, construction vehicles, and/or construction equipment, not in connection with a permitted building project in progress on the immediate premises or unless in a permanent enclosed structure.
15. Noxious Weeds: To keep, maintain or grow noxious weeds or other vegetation which creates a health or safety hazard to the public. Excluded from the provisions of this subsection B15 are prairie plants, lands or portions of any lands located in a public nature area, any property owned or leased by a unit of government and property zoned and used for any agricultural purpose.
16. Tall Grass In Residential Yards: To allow "vegetation", defined as grass, to exceed ten inches (10") in height on a residential use parcel located within the village. Excluded from the provisions of this subsection B16 are prairie plants.
17. Parking:
a. To park any vehicle in the front yard, back yard, corner yard, side yard or any additional area of a lot or parcel of land situated between the public right of way and any residence or accessory building or structure located therein; except, that parking is permitted in an area duly improved (i.e., a gravel, asphalt or concrete area) for parking purposes, and the parking of noncommercial vehicles is permitted in a driveway.
b. To park any vehicle upon any portion of property owned by any public body (other than the village) which has posted "No Parking" signs as to such property or portion thereof.
18. Right Of Way Signs: To place, install or leave any right of way sign.
C. Open Burning Of Landscape Waste: Any and all burning in the village shall be in accordance with the following restrictions:
1. The open burning of brush shall occur only on the property upon which the brush was generated subject to the following restrictions:
a. Burning is permitted only on sunny days between nine o'clock (9:00) A.M. and three o'clock (3:00) P.M.
b. Burning is not permitted when the wind is in excess of ten (10) miles per hour. (2013 Code § 7-2-2)
c. Burning is not permitted within twenty feet (20') of any building, structure, property line, or combustible material. (2013 Code § 7-2-2; amd. 2016 Code)
d. Burning is not permitted when it is determined and announced by the county health department that inversion conditions or an ozone alert exists.
e. Brush shall be dry when burned.
f. Burning is not permitted on public or private roads, alleys, sidewalks or easements.
g. All open burning must be supervised until the fire is extinguished.
h. A fire extinguisher or garden hose or water source shall be available at the burning site.
i. It is the responsibility of the individual conducting the burning and the owner of the property to satisfactorily determine that there is compliance with all conditions upon burning as noted in this subsection C1 during any burning.
2. The terms and provisions of this chapter shall not apply to any burning of prairie plants for purposes of habitat reclamation; provided, that those performing controlled prairie burning must receive the proper permits from their fire protection district, if applicable, and notify the village police department.
3. The terms and provisions of this chapter shall not apply to the burning of brush for purposes of domestic fireplaces or cooking or external fireplaces, or to self-contained outdoor wood burning devices or fireplaces. (2013 Code § 7-2-2)
4. Notwithstanding subsection C1c of this section, the remaining terms and provisions of this chapter shall not apply to the open burning of brush for purposes of recreational fires. (2013 Code § 7-2-2; amd. 2016 Code)
5. The terms and provisions of this chapter shall not apply to the open burning of brush for purposes of ceremonial fires; provided, that notice of any ceremonial fire has been given to the fire protection district, if applicable, serving the area where the fire is to take place as well as notification to the village police department. Failure to notify the applicable fire protection district and police department and obtain permission prior to conducting a ceremonial fire utilizing brush shall be deemed a violation of this chapter.
6. The open burning of landscape waste and/or other materials, with the exception of brush, is prohibited in the village except for those living within the 60119 U.S. postal service zip code. If the state of Illinois expands its vehicle emission testing program to include the 60119 zip code, this prohibition shall automatically apply to the area included in the vehicle emission testing program. The open burning of landscape waste shall be subject to the provisions of subsection C1 of this section. (2013 Code § 7-2-2)
D. Noise:
1. Enumeration Of Noise Nuisances:
a. Construction Noise: To perform or allow to be performed construction, repair or remodeling work where the noise from such can be heard from a distance of one hundred feet (100') or more from the source of the noise during the days and times established in section 9-1-4 of this code. (2013 Code § 7-2-2; amd. 2016 Code)
b. Vehicular Noise: Notwithstanding any other provision of this code, to operate or permit the operation of any sound amplification system in a vehicle or on property, or to operate off road vehicles, including, but not limited to, off highway motorcycles, minibikes, all-terrain vehicles (ATVs), snowmobiles or other like or similar vehicles, on private property where the noise from such vehicle or activity is such as to unreasonably disturb, injure or endanger the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity; and when, after written or verbal warning from law enforcement personnel, the owner or operator fails to cease and desist from such operation or activity. The terms "motorcycles", "off road motorcycles", and "all-terrain vehicles" shall have the same meanings as in the Illinois vehicle code. "Snowmobile" shall have the same meaning as in the Illinois snowmobile registration and safety act.
c. Modifications To Equipment: Removal or modification of adequate sound suppression equipment as set forth in section 4-1E of the Illinois snowmobile registration and safety act.
d. Lawn Equipment And Tools: To perform lawn mowing or utilize power or nonpower tools between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M.
e. Harsh, Prolonged Or Unusual Noise: To make, continue, create or cause to be made or continued any noise which is harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the neighborhood from which the noise emanates or as to unreasonably interfere with the peace and comfort of neighbors or their guests or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business. Prolonged and incessant dog barking that is clearly audible by neighboring property owners is deemed to be prolonged or unusual noise.
f. Raucous Noise: To make, continue, create or cause to be made or continued any loud or raucous noise.
2. Exemptions: Exempt from the provisions of this subsection is noise generated by agricultural equipment on land zoned and used for agricultural purposes and work performed by or on behalf of a public body.
3. Factors To Determine Noise Nuisances:
a. Factors for determining whether a sound is unreasonably loud or raucous may include, but are not limited to, the following:
(1) The proximity of the sound to sleeping facilities, whether residential or commercial.
(2) The land use, nature and zoning of the area from which the sound emanates and the area where it is received.
(3) The time of day the sound occurs.
(4) The duration of the sound.
(5) Whether the sound is recurrent, intermittent, or constant.
b. Proof of violation of this subsection shall not require the use of any decibel meter or other measuring device.
E. Structures:
1. Building Exterior: To allow a building exterior to be in poor repair, structurally unsound, contain unsanitary conditions or to pose a threat to the public health, safety or welfare. The following standards shall apply to existing buildings:
a. Generally: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
b. Protective Treatment: All exterior surfaces including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Removal of lead based paint shall follow state and federal laws.
c. Premises Identification:
(1) Buildings shall have approved, plainly legible address numbers placed in a position to be plainly visible from the street or road fronting the property. These numbers shall contrast in color with their background.
(2) Address numbers shall be arabic numerals or alphabet letters. Numbers shall be a minimum of four inches (4") (102 mm) high with a minimum stroke width of five-tenths inch (0.5") (12.7 mm). Single occupancy buildings with rural fire numbers may use the sign provided by the fire protection district to satisfy this requirement if the sign is clearly visible at the street. Multiple-tenant buildings shall additionally have suite letters that conform to the above standards.
d. Structural Members: All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
e. Foundation Walls: All foundation walls shall be maintained free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
f. Exterior Walls: All exterior walls shall be free from holes, breaks, and loose or rotting materials and be maintained weatherproof.
g. Roofs And Drainage: All roofing and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
h. Decorative Features: All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
i. Overhang Extensions: All overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and properly anchored so as to be kept in a sound condition.
j. Stairways, Decks, Porches And Balconies: Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
k. Chimneys And Towers: All chimneys, cooling towers, smokestacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair.
l. Handrails And Guards: Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
m. Windows, Skylights, Doors And Frames: Every window, skylight, door and frame shall be kept in sound condition, good repair and weathertight. Operable windows required for ventilation shall have fitted screens.
n. Glazing: All glazing materials shall be maintained free from cracks and holes.
o. Doors: All exterior doors, door assemblies and hardware shall be maintained in good condition.
p. Basement Hatchways: Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
q. Guards For Basement Windows: Every basement window that is open shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
r. Vehicular Doors: Vehicular openings which were originally designed and constructed with a closing door shall continue to be maintained in operating condition and able to be fully closed.
s. Furniture On Porches, Accessory Structures, Yards And Landings: Household furniture such as sofas, stuffed chairs and mattresses, which are not designed to withstand the elements and for outdoor use, shall not be permitted to be placed on porches, accessory structures, yards and landings as such furniture may provide a location where insects, rodents or other vermin may breed or may reasonably be expected to breed. This subsection shall not prohibit the storage of such household furniture on a totally enclosed porch having a roof, walls, screens or glass windows or the temporary placement of such items outdoors when in use.
2. Accessory Structures: To allow an accessory structure to a residential, commercial or nonagricultural use, including detached garages, sheds, gazebos, decks, platforms, fences and walls, to be in poor repair, structurally unsound, contain unsanitary conditions or pose a threat to the public health, safety or welfare. The following standards shall apply to existing accessory structures:
a. Generally: Accessory structures shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
b. Structural Members: All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
c. Foundation Walls: All foundation walls shall be maintained free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
d. Exterior Walls: All exterior walls shall be free from holes, breaks, and loose or rotting materials and maintained weatherproof.
e. Roofs And Drainage: All roofing and flashing shall be sound, tight and not have defects that admit rain or melting ice or snow. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall be discharged in accordance with subsection B4 of this section.
f. Windows, Skylights, Doors And Frames: Every window, skylight, door and frame shall be kept in sound condition, good repair and weathertight.
g. Doors: All exterior doors, door assemblies and hardware shall be maintained in good condition.
h. Vehicular Doors: Vehicular doorways shall have closing doors.
3. Dangerous Structures: To allow any building, mobile home, shed, fence or other manmade structure to exist which is hazardous to public health because of its condition, faulty construction or lack of proper repair.
4. Inside Refuse Storage And Disposal: To place, leave, dump or accumulate any garbage, rubbish or other refuse in any building or structure.
5. Lighting In Residential Areas: Lighting installed for the purpose of illuminating residential yards shall be designed so that it does not produce direct illumination or cause glare or excessive light onto surrounding public and private property. Spillover lighting onto adjacent property shall not exceed 0.5 lumen per square foot. Safety lights that are motion activated are permitted in residential neighborhoods, provided they are working properly and do not result in excessive spillover lighting onto adjacent property. (2013 Code § 7-2-2)
6. Pools, Spas And Hot Tubs: All inground pools, aboveground pools, spas and hot tubs and their barriers including fences, self-closing and self-latching gates, covers and alarms shall be maintained in working order, in a clean and sanitary condition, and in good repair. Water must be maintained in a clean and sanitary condition or be completely drained. Pools that have been abandoned or are not in an operable state of condition must be removed. (2013 Code § 7-2-2; amd. 2016 Code)