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A. Generally: A "public nuisance" is a thing, act, occupation, condition, or use of property which shall continue for such length of time as to:
(1) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.
(2) In any way render the public insecure in life or in the use of property.
(3) Offend the public morals or decency.
(4) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water, or other public way.
B. Public Nuisances Affecting Health: The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but shall not be construed to exclude other health nuisances coming within the definition of subsection A of this section:
(1) All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
(2) Carcasses of animals, birds, or fowls not buried or otherwise disposed of in a sanitary manner within twenty four (24) hours after death.
(3) Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packaging material, abandoned vehicles or machinery scrap metal, or any material in which flies, mosquitoes, disease carrying insects, rats or other vermin may breed; or which may constitute a fire hazard.
(4) All stagnant water in which mosquitoes, flies, or other insects can multiply. (Ord. 90-10-17)
(5) Garbage or waste containers that are not regularly emptied, that allow insects, rats and other vermin to breed, or that allow garbage to be blown to other properties. (Ord. 09-01-02)
(6) The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, or industrial dust within the village in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property.
(7) The pollution of any public well, cistern, stream, lake, canal, body of water, storm sewer or drainage facility by sanitary sewage, industrial wastes, or other noxious substances.
(8) Any use of property, substances or things within the village emitting or causing any foul, offensive, noisome, nauseous, noxious, or disagreeable odors, effluvia, or stenches repulsive to the physical sense of the ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the village.
(9) All abandoned wells not securely covered or secured from public use.
(10) Any barn, stable or shed used for keeping nondomestic animals.
(11) Any obstruction in or across any watercourse, drainage ditch, or ravine. (Ord. 90-10-17)
(12) Open burning other than in compliance with section 24.19 of this code. (Ord. 14-12-41)
(13) The deposit of garbage, rubbish, junk, dismantled vehicles, or any offensive substance on any street, sidewalk, or public place, or on any private property, except as may be permitted by ordinance.
(14) Any noxious weeds on private property, as defined by the Illinois Compiled Statutes or this code1.
(15) Such other activity as may constitute a nuisance as defined from time to time by the village board, or elsewhere in this code. (Ord. 90-10-17)
C. Public Nuisances Affecting Peace And Safety: The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of subsection A of this section:
(1) Buildings erected, repaired or altered in violation of the provisions of the codes of the village relating to materials and manner of construction of buildings and structures.
(2) Unauthorized signs, signals, markings, or devices which purport to be or may be mistaken as official traffic control devices placed or maintained upon or in view of public highway or railway crossing.
(3) Trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.
(4) Limbs of trees which project over a public sidewalk less than ten feet (10') above the surface thereof or less than twenty two feet (22') above the surface of a public street.
(5) Use or display of fireworks except as provided by the laws of the state2.
(6) Buildings or structures so dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.
(7) Wires over streets, alleys or public grounds which are strung less than eighteen feet (18') above the surface of the street or ground.
(8) Obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by this code or which, although made in accordance with this code, are kept or maintained for an unreasonable length of time after the purpose thereof has been accomplished.
(9) Open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
(10) Refrigerators or freezers from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside by pushing only with the strength of a small child, which are accessible to the general public.
(11) Any unauthorized or unlawful use of property abutting on a public street, alley, or sidewalk or of a public street, alley or sidewalk which cause large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
(12) Any advertisement or signs affixed to any building, wall, tree, pole, post, fence, sidewalk, street or other private or public property without permission of the owner thereof.
(13) Any marquee or awning which is in an unsafe condition, or which overhangs any street, alley, sidewalk or other public way, or which overhangs any sidewalk less than eight feet (8') above the sidewalk surface or as otherwise precluded by this code.
(14) Any condition or practice constituting a fire hazard. (Ord. 90-10-17; amd. 2000 Code)
(15) Activity or use of machinery, materials, electronic equipment or any other substances conducted at any time so as to create a sound nuisance to persons adjacent to or near the property whereupon the nuisance is emanating. A "sound nuisance" is defined as the creation of noise which is objectionable, annoying or vexatious to a reasonable person because of the nature or frequency of its intermittence, rhythm, shrillness, sound pressure level or its presence during normal sleeping hours. A violation of this subsection occurs when an offender does an act in such a manner so as to alarm or disturb a reasonable person by the making of a sound nuisance and interfering with any normal residential use to nearby properties.
(a) The use of heavy equipment for the erection, expansion, renovation, alteration, repair or demolition of any building, structure or property shall be limited to the hours of eight o'clock (8:00) A.M. to six o'clock (6:00) P.M., Monday through Friday, to the hours of eight o'clock (8:00) A.M. to four o'clock (4:00) P.M., Saturday, and shall be prohibited on Sundays and designated holidays.
(b) The outside or open structure use of hand, power and other tools for the erection, expansion, renovation, alteration, repair or demolition of any building, structure or property shall be limited to the hours of seven o'clock (7:00) A.M. to eight o'clock (8:00) P.M., Monday through Saturday, and nine o'clock (9:00) A.M. to eight o'clock (8:00) P.M. Sundays and designated holidays. However, for major construction projects, the outside or open structure use of hand, power and other tools for the erection, expansion, renovation, alteration, repair or demolition of any building, structure or property shall be limited to the hours of seven o'clock (7:00) A.M. to eight o'clock (8:00) P.M. Monday through Friday, to the hours of eight o'clock (8:00) A.M. to four o'clock (4:00) P.M., Saturday, and shall be prohibited Sundays and designated holidays.
(c) Emergency repairs and public improvement projects funded by the village shall be exempt from the provisions of subsections C(15)(a) and C(15)(b) of this section.
(d) The president and board of trustees may, by ordinance, grant a variation from the limitations provided for in subsections C(15)(a) and C(15)(b) of this section in relation to work undertaken by any governmental entity for the benefit of the public. The president and board of trustees may include in said variation ordinance any conditions deemed necessary to protect the public health, safety, or welfare.
(e) For the purposes of this chapter, the following definitions shall apply:
DESIGNATED HOLIDAYS: Shall refer to the following holidays: New Year's Day (January 1), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Thanksgiving Day (the fourth Thursday in November), and Christmas Day (December 25).
EMERGENCY: Any situation or circumstance that requires the use of regulated tools and equipment to avoid or correct unforeseen problems that relate to the health, safety or welfare of persons or property, or to sewer, power, water, telephone or other utility services or services by federal, state or local government agencies.
HAND, POWER AND OTHER TOOLS: Shall refer to commonly used tools in the construction, repair or demolition of structures.
HEAVY EQUIPMENT: Shall refer to bulldozers, tractors, backhoes, trenchers, jackhammers, pile drivers, power hammers, chain saws, graders, riveters, earthmovers, tree and tree stump grinders, mixers, power hoists, derricks, demolition balls, cranes, power shovels, trucks over one ton, and other power equipment on wheels or tractor treads.
MAJOR CONSTRUCTION PROJECTS: Shall refer to projects in relation to which building permits for new construction, demolition, moving, or reconstruction of any principal structure have been issued, or any combination of the foregoing work which, together with additions to principal structures and new construction of accessory structures, totals at least one thousand (1,000) square feet of floor area. For purposes of this definition, "new construction" shall be defined as in subsection 21.12B(1) of this Code.
OPEN STRUCTURE: Any structure, shelter or building that has no windows or door installed in it. A closed structure is one that has all windows, doors and other openings in the structure closed with permanent materials capable of deadening the transmission of sound. (Ord. 06-01-02)
(16) Any nuisance so defined by the Illinois Compiled Statutes or other provision of this Code. (Ord. 90-10-17)