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)