It shall constitute a nuisance to commit any offense which is in fact a nuisance or which is a nuisance according to the common law, or which is made such by this code, the statutes of the state or by any ordinance. In addition, the following acts or omissions shall be deemed nuisances:
1.01 | An act which shall annoy, injure or endanger the safety or health of the public. |
1.02 | An act which shall offend public decency. |
1.03 | An act which shall unlawfully interfere with, obstruct or tend to obstruct or render dangerous for passage, a public park, square, street, alley or highway. |
1.04 | All diseased animals running at large 1 . |
1.05 | To obstruct any gutter, so as to cause water to stagnate therein, or to permit foul or stagnant water to stand upon any premises. |
1.06 | To cause or permit or suffer the carcass of any animal, or any part thereof, not buried or destroyed to be deposited or to remain in any place within the city. |
1.07 | To cause, permit or suffer any garbage or offensive substance of any kind to be collected, deposited or remain in any place in the city other than is prescribed in the garbage regulations in this code 2 . |
1.08 | To establish, maintain and carry on any offensive or unwholesome business within the city. |
1.09 | To distribute samples of medicines or drugs unless such distribution is by a person licensed by the state of Illinois to dispense or prescribe medicines or drugs and unless such samples are placed in the hands of an adult person. |
1.10 | All buildings, walls and other structures which have been damaged by fire, decay or otherwise, and which are so situated as to endanger the safety of the public 3 . |
1.11 | All dangerous or unsanitary, unguarded, unprotected machinery or equipment. |
1.12 | All infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots and mosquito larvae. |
1.13 | To corrupt or render unwholesome or impure the public water supply. |
1.14 | To permit the growth upon any premises of any noxious plants. |
1.15 | To permit or cause loose earth, ashes, lime, coal, dry sand or other similar substances to be used on any property to the injury of others. |
1.16 | To shake or beat out of any window, door or opening of any building any mops, mat, carpet, rug, cloth, pillow, bed sheet, bedding or other similar object, into any public way or into any place or building. It shall constitute a nuisance for any person to permit or cause any fragments or other substances to fall into any public way or into any place or building. |
1.17 | To construct or maintain any building or structure which is in an unsanitary, unsafe or dangerous condition, or to maintain or permit any building or part thereof to be or remain in an unsanitary condition by reason of the basement or cellar being damp or wet or the floor of such basement or cellar being covered with stagnant water, or by reason of the presence of sewer gas, or which by reason of any other unsanitary, unsafe or dangerous condition endangers the health or safety of any person. |
1.18 | To deposit any manure, dead animal or other filthy, offensive substance upon any lot, street, alley or other place. |
1.19 | To keep or allow to be kept, in a foul, offensive, nauseous or filthy condition any chicken coop, stable, pen, cellar, vault, drain, pool or sink upon any premises in the city. |
1.20 | To cause or permit the emission of dense smoke from any fire, chimney, engine, oil burner or any other agency in the city so as to cause annoyance or discomfort to the residents thereof. (1970 Code §7-1.01, as amended; amd. 1986 Code) |
1.21 | To permit weeds or other underbrush to grow to a height of ten inches (10") or more; and any person who owns or controls any premises who suffers or permits the growth of weeds or underbrush to ten inches (10") or more thereon shall cut or cause the same to be cut within five (5) business days after being notified to do so by the building official. |
If such person shall fail to cut such weeds or underbrush to the curb line of his premises and including any parkway area adjoining said premises within the time specified herein, a citation will be issued against the occupant and/or homeowner, the grass or weeds or underbrush will be cut by the city and the full cost of cutting as well as a fine up to seven hundred fifty dollars ($750.00) assessed against such person. If such is not paid after notice of costs and fines incurred thereof has been given by the city, a lien therefor will be placed against the premises in accordance with the applicable provisions of the Illinois municipal code. | |
1.22 | To erect or maintain any privy within the city. (1970 Code §7-1.02) |
1.23 | To expectorate in or on any sidewalk, depot platform, or on the floor or wall of any public building. (1970 Code §7-1.03, as amended) |
1.24 | To conduct any business within the city in such a manner as to create an offensive smell which may taint the air and render it unwholesome or disagreeable to the neighborhood; or to erect, continue or use any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, offensive smells or otherwise is offensive or dangerous to the health of individuals or of the public. (1970 Code §7-1.04, as amended) |
1.25 | Reserved. |
1.26 | To allow any building foundation or excavation to remain open and unenclosed for a period in excess of thirty (30) days. Such an excavation or foundation may be filled in by the city council after said thirty (30) day period. (1970 Code §7-1.06, as amended) |
1.27 | For any building used for residential purposes not to have a clean, potable and adequate supply of running water. (1970 Code §7-1.07, as amended) |
1.28 | To allow vapors and smoke emanating from any laundry at any time to become a nuisance to any portion of the premises in which such laundry is located, or to any adjoining or nearby premises. (1970 Code §7-1.08, as amended) |
1.29 | To locate any gas tank or reservoir within five hundred feet (500') of any building used in the city for church, public or parochial school purposes. (1970 Code §7-1.09, as amended) |
1.30 | Every house of ill fame or house of assignation, where men and women resort for the purpose of prostitution 4 . (1970 Code §7-1.10, as amended) |
1.31 | For any person owning or in possession, charge or control of any building or premises to use the same, or permit the use of the same, or rent the same to be used, for any business or employment, or for any purpose or pleasure or recreation if such use shall, from its noise or its boisterous nature, disturb or destroy the peace of the neighborhood in which such building or premises is situated, or be dangerous or detrimental to health. (1970 Code §7-1.11, as amended) |
1.32 | A. No person or entity may use heavy equipment except between seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. Monday through Friday and between nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. on Saturdays and Sundays, provided, however, that such equipment shall not be used at any time on Memorial Day, Independence Day, Labor Day. For purposes of this act, "heavy equipment" shall mean bulldozers, jackhammers, pile drivers, power hammers, graders, riveters, earthmovers, tree and stump grinders, trenchers, cement mixers, tractors, power hoists or derricks, demolition balls, power shovels, trucks and power equipment on wheels or traction chains and similar equipment. |
B. Tools other than heavy equipment may be used at any time within a fully enclosed structure; provided, however, that any use of such tools outside a fully enclosed structure shall be prohibited between the hours of eight o'clock (8:00) P.M. and seven o'clock (7:00) A.M. | |
C. Except in cases of emergencies, to conduct any building operations between the hours of six o'clock (6:00) P.M. to seven o'clock (7:00) A.M. or to operate or use any pile drivers, steam shovels, pneumatic hammers, derricks, steam or electric hoists or other apparatus, the use of which is attended with loud or unusual noise, in any block in which more than half of the buildings on either side of the street are used exclusively for residence purposes. | |
D. All building permits shall be subject to the provisions of this act. | |
E. The code official or his or her designee may authorize work to begin before or after the designated hours. | |
F. On days when the temperature will be above ninety five degrees (95°) or a heat advisory is declared, work can begin at six o'clock (6:00) A.M. | |
G. This act shall not apply in any situations which require heavy equipment or other tools in emergencies to assist or avoid a problem related to health or to safety of persons or property, or to sewer, water, power, utility or telephone interruptions 2 . | |
1.33 | Except as specifically provided herein, to keep, harbor or maintain, or permit the keeping, harboring or maintenance of any farm animals or wild animals, as pets or for any other purpose within the corporate limits of the city. As used herein, the term "farm animals" shall include, but not be limited to, horses, cows, goats, sheep, pigs, roosters, geese and rabbits. As used herein, the term "wild animals" shall include, but not be limited to, lions, tigers, leopards, apes, chimpanzees, alligators, crocodiles, and deadly or venomous reptiles 1 . |
Notwithstanding anything to the contrary herein, the keeping, harboring and maintaining of horses shall be allowed where permitted pursuant to a special use obtained in accordance with the city zoning ordinance. The keeping, harboring and maintaining of not more than two (2) rabbits as pets shall be permitted where such animals are securely penned and/or caged; and, the keeping, harboring and maintaining of farm animals or wild animals may be allowed for exhibition and/or educational purposes for a limited period of time upon permit authorized by the city council. (1970 Code §7-1.13) | |
1.34 | Every house, room, yard, boat, vessel or other structure or premises kept or used for the purpose of permitting persons to gamble for any valuable thing within the city 7 . (1970 Code §7-1.14, as amended) |
1.35 | To operate or permit to be operated any sound amplification system upon any business or industrial premises within the city, which can be heard from a distance of seventy five (75) or more feet, measured from any speaker that is a part of the system. It shall also constitute a nuisance to operate or permit to be operated any sound amplification system upon any business or industrial premises within the city between the hours of ten o'clock (10:00) P.M. and nine o'clock (9:00) A.M., or at any time the business thereon is not in operation. It shall further constitute a nuisance to operate or permit to be operated any sound amplification system upon any nonbusiness or nonindustrial premises at any time. The foregoing restrictions are subject to the following exceptions: sound amplification systems operations otherwise prohibited hereby may be carried on in conjunction with periodic amusements and recreational events, such as fairs, carnivals, sporting events and games, park outings, or picnics, or business promotional gatherings, which have first obtained a permit therefor from the city, which permits may be issued for individual events or for a series of regularly scheduled events; also excepted are systems being operated to request emergency assistance or warning of a hazardous situation, or upon or in conjunction with authorized emergency vehicles. |
1.36 | Any act or series of acts upon a human being, whether self- inflicted or inflicted by another, and notwithstanding the consent of the person upon whom such act is inflicted, that is intended to cause a breaking or puncturing of the skin and/or the drawing of blood and/or the fracturing and/or tearing of any part of that person's anatomy, and whether or not inflicted directly by human hands or by means of another agency, either living or mechanical for entertainment purposes as part of or in conjunction with any show, performance, or exhibition. The utilization of any previously made punctures, holes, or devices imbedded within a human being's anatomy for the purpose of hoisting, lifting, or suspending such a person for entertainment purposes as part of or in conjunction with any show, performance, or exhibition. |
1.37 | It shall be unlawful for any person to keep, maintain or store any tire except within an enclosed building or within an enclosed container. It shall be unlawful for any person to allow water to accumulate in any tire. Any container storing a tire must be kept shut so as to prevent the accumulation of water in a tire. No tire shall be left for disposal except within a closed container and in accordance with the Illinois environmental protection act. |
1.38 | Nuisance pools. A "pool" is any structure, mechanism, excavation, or natural depression in the earth intended or functioning as containment for water. This definition shall include, but not be limited to: swimming pools, wading pools, fountains, reflecting pools, koi ponds, birdbaths, ditches, watering troughs, detention, retention, lakes, ponds, and all other similar construction or conditions as determined by the building official, regardless of depth. |
A pool meeting any of the following criteria is considered a nuisance: | |
A. "Unsafe structure" as defined in the adopted international property maintenance code. | |
B. "Unsafe equipment" as defined in the adopted international property maintenance code. | |
C. "Structure unfit for human occupancy" as defined in the adopted international property maintenance code. | |
D. "Unlawful structure" as defined in the adopted international property maintenance code. | |
E. A pool that has been out of substantial operational condition for a period of more than three hundred sixty five (365) consecutive days. | |
F. A pool that contains foul, brackish, or stagnant water. | |
G. A pool infested with mosquito larvae. | |
H. A pool that has been cited with a correction order for violation of the "swimming pools, spas, and hot tubs" section of the adopted international property maintenance code and has not been brought into compliance within thirty (30) days. | |
1.39 | Ground feeding. Ground feeding of animals and or birds, including but not limited to cats, squirrels, chipmunks, rats, mice, rabbits, raccoons, opossum, skunk, deer, ducks, geese. To spread, cast, deposit or dump food, including birdseed, corn, bread pieces, food scraps, animal chow or any like or similar substances on any public or private property in the city. Above ground bird feeders shall be permitted as long as all feed is placed in a container or feeder designated for the specific purpose of feeding birds. (Ord. 87-30-0, 5-27-1987; amd. Ord. 96-41-0, 8-28-1996; Ord. 02-11-0, 3-28-2002; Ord. 03-25-0, 8-27-2003; Ord. 07-22-0, 6-13-2007; Ord. 11-53-0, 8-24-2011; Ord. 12-67-0, 10-24-2012; Ord. 14-22-0, 6-11-2014; Ord. 20-23-O, 9-9-2020) |
1.40 | Open Building materials. To create or suffer to be created or to remain upon any residential or commercial property for more than seven (7) calendar days, unless incident to construction on the premises and then not to exceed forty five (45) days, the storing, piling, stacking, accumulating, heaping or amassing of bricks, concrete block, sand, mortar, lumber, conduit, piping and other construction related materials. |
1.41 | Combustible and inflammable materials. To cause or to store, keep, pile hay or straw or to store gasoline, oil, motor fuel, kerosene, batteries or refrigerants within fifty feet (50') of any buildings. Exception, businesses licensed for such storage and small house holds amounts in single family home use. (Ord. 87-30-0, 5-27-1987; amd. Ord. 96-41-0, 8-28-1996; Ord. 02-11-0, 3-28-2002; Ord. 03-25-0, 8-27-2003; Ord. 07-22-0, 6-13-2007; Ord. 11-53-0, 8-24-2011; Ord. 12-67-0, 10-24-2012; Ord. 14-22-0, 6-11-2014; Ord. 20-23-O, 9-9-2020; Ord. 21-11-O, 4-14-2021) |
Notes
| 1 | 1. See title 4, chapter 4 of this code. |
| 2 | 2. See chapter 6 of this title. |
| 3 | 3. See title 8, chapter 2 of this code. |
| 4 | 1. See also section 4-2-4-2 of this code. |
| 2 | 2. See also title 8, chapter 1 of this code. |
| 1 | 1. See also title 4, chapter 4 of this code. |
| 7 | 2. See also section 4-2-4-7 of this code. |