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Carbondale Overview
Carbondale, IL Code of Ordinances
TITLE 13
NUISANCES
CHAPTER 1
GENERAL NUISANCE REGULATIONS
SECTION:
13-1-1: Definitions
13-1-2: General Nuisances
13-1-3: Nuisances Affecting Health, Peace And Safety, Or Property
13-1-4: Nuisances Offending Decency
13-1-5: Storage Of Personalty As Nuisance
13-1-6: City Code Violations As Nuisance
13-1-7: Reporting Nuisances
13-1-8: Nuisance Gathering/House
13-1-9: Chronic Nuisance House
13-1-10: Enforcement Of Code
13-1-11: Penalty
13-1-1: DEFINITIONS:
The following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended. All other terms stated in this chapter shall have the same definition as stated in specific chapters of the code.
   CITY: The city of Carbondale, Illinois, and its employees and agents.
   CONTROLLED SUBSTANCES: Any "substance" defined and included in the schedules of article II of the Illinois controlled substances act and "cannabis" as defined in the cannabis control act, 720 Illinois Compiled Statutes 570/201 et seq., and 720 Illinois Compiled Statutes 550/1 et seq. (1994).
   NUISANCE: To commit any offense which is in fact a nuisance or which is a nuisance according to common law, or which is made such by any ordinance of the city or the statutes of the state of Illinois and shall include any act, occupation or use of property or premises or equipment, or structure of any kind which:
   A.   Annoys, injures, or endangers the safety, health, comfort, or repose of others;
   B.   Offends public decency; or
   C.   Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage a lake or basin or any public place, park, square, alley, highway, or street.
   OWNER: Any owner, owners, agent, lessee, tenant, or occupant.
   PERSON IN CONTROL: The owner of the premises, or if the property is rented, that person(s) who has rented or leased the property from the owner or owner's agent.
   PERSONALTY: Personal property. (Ord. 97-132)
13-1-2: GENERAL NUISANCES:
No owner, person, or person in control of premises shall do any act, omission, or create a condition or occurrence which causes a general nuisance. Any act of any such owner, person, or person in control of premises whereby the surrounding area may be adversely affected, either directly or indirectly, or a potentially hazardous situation is created by the condition of the water, air, trees, or the congregation of birds is hereby declared to be a nuisance and unlawful and may be abated and enjoined. In addition to the standard procedure for abatement of nuisances, the city manager has the authority to take immediate action to abate and enjoin a general nuisance when such action is in the best interest of the city. The following are hereby declared to be general nuisances:
   A.   Discharging Unwholesome Substance: The discharge onto the ground or into any spring, ditch, stream, pond, lake, or well any substance which will corrupt or render unwholesome the water therein;
   B.   Stagnant And Offensive Water: Water which is stagnant, foul and offensive, and detrimental to the health and comfort of persons residing in the neighborhood; provided, however, that in deciding whether or not to abate stagnant water, consideration is given to the value of natural and manmade wetlands to the overall well being of the community;
   C.   Offensive Smells: Air which has an offensive or foul smell;
   D.   Trees Or Limbs Likely To Fall: Trees or limbs which are likely to fall or which constitute a hazard to the safety of persons upon the property and/or residing in the neighborhood;
   E.   Congregation Of Birds: The congregation of large numbers of starlings or wild pigeons, the same being a congregation of at least ten (10) or more such birds within an area of one thousand (1,000) square feet or less which constitutes potential harm to the health and welfare of the public. (Ord. 97-132)
13-1-3: NUISANCES AFFECTING HEALTH, PEACE AND SAFETY, OR PROPERTY:
No person shall do any act, omission, or create any condition which causes a detrimental effect or harm to the health, peace, and safety of the public or property of others. Any act of any person or group within the City whereby the health, peace and safety, or property of any person may be endangered, injured, or impaired, or any disease may, directly or indirectly, be caused by the act, or because of the act any property may be endangered, injured, or damaged, is hereby declared to be a nuisance and unlawful and may be abated or enjoined as hereinafter provided. The following are hereby declared to be nuisances affecting:
   A.   Health: Any act, omission, condition, or occurrence which has a detrimental affect on public health, or which causes or tends to cause harm to the overall health of the community, as contained in titles 3, "Animals", 10, "Solid Waste Collection And Storage", 11, "Health And Safety", 16, "Water And Sewer System; Lake And Reservoir Regulations", and 17, "Streets, Sidewalks And Other Public Property" of this Code as it may be amended from time to time.
   B.   Peace And Safety: Any act, omission, condition, or occurrence, which has a detrimental affect on public peace and safety, or which causes or tends to cause harm to the overall peace and safety of the community, as contained in titles 2, "Alcoholic Liquor", 4, "Building, Plumbing, Electrical And Housing Regulations", 8, "Fire Prevention And Regulations", 14, "Offenses And Penalties", and 17, "Streets, Sidewalks And Other Public Property" of this Code, as it may be amended from time to time.
   C.   Property: Any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located is declared to be a nuisance. This includes, but is not limited to, failure to maintain the exterior of buildings and premises as described in title 4, "Building, Plumbing, Electrical And Housing Regulations", of this Code and the keeping or the depositing on, or the scattering over the premises of litter, as described in title 10, "Solid Waste Collection And Storage", of this Code, as it may be amended from time to time. No person owning, leasing, occupying, in control of, or having charge of any premises shall maintain or keep any nuisance thereon.
   D.   Use Of Drones Within Five Miles Of The Southern Illinois Airport: The County encourages the safe and responsible use of unmanned aircraft and unmanned aircraft systems. This subsection is designed to empower innovation while protecting and promoting the health, safety, and welfare of its citizens.
      1.   Definitions: For the purposes of this subsection, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
   AIRSPACE RADIUS: Shall refer to the unincorporated areas of the County encompassed with the FAA established five (5) mile "Class D" airspace.
   UNMANNED AIRCRAFT AND UNMANNED AIRCRAFT SYSTEMS: Shall mean an aircraft operated without the possibility of direct human intervention from within or on the aircraft. This definition includes devices commonly referred to as drones, remote controlled aircraft, and model aircraft.
      2.   Notice Of Intended Operation:
         a.   To ensure operations are accountable, no unmanned aircraft or unmanned aircraft systems weighing more than two hundred fifty grams (250 g) shall take-off from, land upon, or be operated from any land within the boundaries of the airspace radius of the Southern Illinois Airport without the operator first notifying the Southern Illinois Airport of the intended operation of the device or system. The airport may require additional information from the operator at the time of notification to the airport. Such notification shall, at a minimum, contain the following information:
            (1)   The name, address, and telephone number of the person or corporation filing the notice and the telephone number at which the operator can be contacted during the operation;
            (2)   The take-off and landing location of the operation;
            (3)   The expected start and end time of the operation (if the operator intends to take-off and land multiple times in the same location, one notice for multiple operations may suffice, so long as the duration of the combined operations does not exceed 4 hours, after which a new notice must be filed);
            (4)   The purpose of the operation;
            (5)   A statement affirming that the operator has consulted relevant Federal, State and local laws and rules and intends to abide by them;
            (6)   Such other information as the airport shall deem reasonably necessary to inform it whether the takeoff, landing, or operation will endanger the health, safety, or welfare of persons located within the airspace radius, and if such use is inconsistent with this subsection or any other law.
         b.   Once notice has been given, the operation may commence without any need for action or approval by the airport, so long as such operation is consistent with this subsection and all other laws and rules that govern such operation.
      3.   No Reckless Operation: No person or entity may operate an unmanned aircraft or unmanned aircraft system in a reckless manner that may create the following:
         a.   A substantial risk of serious physical injury to another; or
         b.   A substantial risk of damage to the property of another; or
         c.   In violation of any other Federal, State or local law.
      4.   Investigation Of Violations And Penalties: A person or entity that operates an unmanned aircraft or unmanned aircraft system without first filing notice with the airport in accordance with this subsection or for violating any other provision of this subsection, may be:
         a.   Punished by a fine, not to exceed seven hundred fifty dollars ($750.00); and
         b.   Subject to injunctive relief.
The Carbondale Police Department and the Southern Illinois Airport Authority shall have the authority to investigate any alleged violations of this subsection.
      5.   Exception Regarding Public Use: This subsection does not apply to an unmanned aircraft or unmanned aircraft system that is operated by, or on behalf of, the County, or by any other public agency for government related purposes in compliance with all Federal laws and regulations and operated in compliance with applicable policies. (Ord. 2017-36)
13-1-4: NUISANCES OFFENDING DECENCY:
No person whether an owner, agent, occupant and/or guest of any building, apartment, dwelling or place shall do any act, omission, or create a condition or occurrence which causes a nuisance offending decency. Any such person or group which maintains a house, building, or other place within the City whereby the decency of any person may be impaired, or adversely affected, either directly or indirectly, is hereby deemed guilty of maintaining a nuisance offending decency. A nuisance offending decency is unlawful and may be abated and enjoined as hereinafter provided. The following are hereby declared to be nuisances affecting decency:
   A.   Gambling: All houses, buildings, or places where gambling devices, slot machines, punch boards, and other such contrivances of similar character involving any elements of chance as a consideration or any type of gambling, bookmaking, wagering, or betting is carried on, and all gambling equipment, except where such gambling is permitted by applicable law, pursuant to titles 2, "Alcoholic Liquor", 5, "Business And Occupations", and 14, "Offenses And Penalties", of this Code, as it may be amended from time to time;
   B.   Houses Of Ill Fame: All houses, buildings, or places kept for the purpose of lewdness, assignation, prostitution or promiscuous sexual intercourse;
   C.   Liquor Manufacture; Sales: All buildings or places where intoxicating liquors are manufactured, sold, bartered, or given away in violation of law or where persons are permitted to resort for the purpose of drinking intoxicating liquors kept for sale, barter, or distribution in violation of law, and all liquors, bottles, kegs, pumps, bars, and other property kept at and used for maintaining such a place;
   D.   Controlled Substances: All buildings or places and movable fixtures and contents thereof, used for the purpose of unlawfully selling, serving, storing, keeping, giving away, or using controlled substances. (Ord. 97-132)
13-1-5: STORAGE OF PERSONALTY AS NUISANCE:
   A.   Generally: No owner, person, or person in control of premises shall do any act, omission, or create a condition or occurrence which causes a nuisance by storing personalty. Any act of any such owner, person, person in control of premises whereby the surrounding area may be adversely affected, either directly or indirectly, or a potentially hazardous situation is created by the storing of personalty is hereby declared to be a nuisance and unlawful and may be abated and enjoined as hereinafter provided. The following are hereby declared to be nuisances by storing personalty: (Ord. 97-132)
      1.   Unsheltered storage of old, unused, stripped, junked, and other automobiles not in good and safe operating condition for a period of thirty (30) days or more within the jurisdiction of the city unless storage is allowed and is in compliance with the zoning ordinances (title 15, chapter 2 of this code) of the city; (Ord. 2013-21)
      2.   Unsheltered storage of any other vehicles, machinery, implements, and/or equipment and personal property of any kind which is no longer usable for the purposes for which it was manufactured, for a period of thirty (30) days or more within the jurisdiction of the city unless such storage is allowed and is in compliance with the zoning ordinances of the city.
   B.   Abatement Of Storage Of Personalty As Nuisance:
      1.   The owner(s), tenants, lessees, and/or occupants of any lot within the corporate limits of the city upon which such storage is made, and also the owner(s), and/or lessees of said personalty involved in such storage (all of whom are hereinafter referred to collectively as "owners"), shall jointly and severally abate said nuisance by the prompt removal of said personalty into completely enclosed buildings authorized to be used for such storage purposes.
      2.   Whenever said persons fail to abate said nuisance, then the city shall remove the said personalty to a location of its selection, the expenses therefor to be billed to said owners, jointly and severally and subject to collection pursuant to state and local laws.
      3.   When said personalty has been removed and placed in storage by the city, as provided for herein, said personalty shall be sold by the city after the lapse of such time as is provided by law. If the proceeds of such sale are insufficient to pay the costs of abatement, said owners shall be liable to the city for the balance of the costs, jointly and severally, to be recoverable in a suit at law. If the proceeds are in excess of costs, the balance shall be paid to said owners, or deposited in the city treasury for their use. (Ord. 97-132)
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