A. Definitions:
HOTEL/MOTEL: Every building or other structure kept, used, maintained, advertised and held out to the public to be a place where sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which six (6) or more rooms are used for the sleeping accommodations of such guests.
NUISANCE GATHERING: A social gathering or party which is conducted within the City, at a dwelling unit or hotel/motel, and by reason of the conduct of person(s) in attendance, results in the occurrence of any combination of two (2) or more of the primary enumerated offenses in subsection B of this section or two (2) or more violations of this Code.
NUISANCE HOUSE: A dwelling unit, meaning a single-family structure, attached or detached, a rooming house, apartment, condominium, or townhouse within the City, or any parcel of real property with or without permanent structure, where the conduct of the resident(s) or tenant(s) results in the occurrence of any combination of two (2) or more of the primary enumerated offenses in subsection B of this section or two (2) or more violations of this Code or two (2) or more violations regarding:
1. Any activity, behavior or conduct that constitutes a felony as defined in the Illinois Criminal Code, 720 Illinois Compiled Statutes 5/1-1 et seq.
2. Any activity, behavior or conduct that constitutes a misdemeanor as defined in the Illinois Criminal Code of 1961, 720 Illinois Compiled Statutes 5/1-1 et seq., or any similar offense under this Code.
3. Any activity, behavior or conduct that constitutes a forcible felony as defined in the Illinois Criminal Code, 720 Illinois Compiled Statutes 5/1-1 et seq., or a felony where serious bodily harm occurs may immediately be deemed a chronic nuisance house regardless of whether there have been any prior unlawful activities that have occurred as defined in this Code.
B. Primary Enumerated Offenses:
Title 2 violations: | ||
Section 2-4-1 | Sale of alcoholic liquor without required license | |
Section 2-5-5 | Possession or consumption on public property or control premises | |
Title 4 violations: | Any violation of title 4 in which the violation threatens life, safety and health | |
Section 4-15-1 | Any violation of the adopted Property Maintenance Code in which the violation threatens life, safety, and health | |
Title 8 violations: | Any violation of the adopted Fire Code in which the violation threatens life, safety, and health | |
Title 10 violations: | ||
Section 10-1-14 | Burning; combustible materials | |
Section 10-2-17 | Litter on occupied private property | |
Section 10-2-18 | Owner and person in control to maintain premises free of litter | |
Title 14 violations: | ||
Section 14-2-1 | Assault and battery | |
Section 14-2-2 | Fighting | |
Section 14-2-3 | Intimidation | |
Section 14-2-4 | Prostitution | |
Section 14-2-5 | Public indecency and public nudity | |
Section 14-2-6 | Public urination or defecation | |
Section 14-2-7 | Reckless conduct | |
Section 14-3-4 | Damage to property | |
Section 14-4-2 | Disorderly conduct | |
Section 14-4-3 | Gambling | |
Section 14-4-4 | Mob action | |
Section 14-4-7 | Use of sound devices and general noise restrictions | |
Section 14-4-8 | False alarms | |
Title 17 violations: | ||
Section 17-1-4 | Obstructing the flow of vehicular or pedestrian traffic | |
Section 17-1-4 | Abandonment of vehicles | |
Section 17-3-3 | Inoperable motor vehicles within City limits | |
Section 17-3-4 | Unlicensed vehicles in residential areas | |
Title 18 violations: | ||
Section 18-12-2 | Parking prohibited in specific places | |
C. Declaration Of Nuisance: A nuisance gathering/house shall be deemed to constitute a public nuisance. No person, who is an owner, occupant, tenant, or who otherwise has lawful possession or possessory control, individually or jointly with others, of any premises shall knowingly, negligently or recklessly allow a social gathering or party on said premises to become a "nuisance gathering" as defined in this section, nor shall they knowingly, negligently or recklessly allow conduct on said premises in violation of the enumerated offenses, becoming a nuisance house.
D. Order To Cease And Desist: A nuisance gathering shall cease upon the order of a police officer and all persons not residing at the site of such nuisance gathering shall disperse immediately. No person shall knowingly or wilfully fail or refuse to obey such order.
E. Penalty: Any person who fails to perform an act required by this section or who commits an act prohibited by this section shall be subject to a fine of not less than two hundred fifty dollars ($250.00) for a first offense; not less than five hundred dollars ($500.00) for the second offense; not less than seven hundred fifty dollars ($750.00) for each subsequent offense. (Ord. 2018-26)