A. Prohibition: No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the village or within the police jurisdiction of the village. The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances, but shall not be construed to exclude other health nuisances coming within the definition of section 5-1-1 of this chapter. (1975 Code §§ 9.01, 9.02)
B. Public Nuisances Affecting Health:
1. All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
2. Carcasses of animals, birds or fowl not buried or otherwise disposed of in a sanitary manner within twenty four (24) hours after death.
3. Accumulations of decayed animal, vegetable matter, trash, rubbish, garbage, debris, rotting lumber, bedding, packing material, abandoned or disabled vehicles or machinery, scrap metal or any material in which flies, mosquitoes, disease carrying insects, rats or other vermin may breed.
4. All stagnant water in which mosquitoes, flies or other insects can multiply.
5. Garbage cans which are not flytight.
6. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the village limits 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 or cistern, stream, lake, canal, or body of water by sewage, creamery or industrial wastes or other 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 extremely repulsive to the physical sense of an ordinary person 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 obstruction in or across any watercourse, drainage ditch or ravine.
11. The deposit of garbage, rubbish, or any offensive substance on any street, sidewalk or public place or on any private property, except as may be permitted by ordinance.
12. Any noxious weeds 1 on private property, as defined by 505 Illinois Compiled Statutes 100/2. (Ord. 99-05, 2-16-1999)
C. Public Nuisances Offending Morals And Decency:
1. All disorderly houses 2 , bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling; provided, however, holding a license as a video gaming facility shall not in and of itself cause a violation of this section.
2. All gambling devices and slot machines; provided, however, holding a license as a video gaming facility shall not in and of itself cause a violation of this section. (Ord. 84-14, 8-6-1984; amd. Ord. 2012-14, 6-12-2012)
3. All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by this code 3 .
4. Any place or premises within the village where ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.
D. Public Nuisances Affecting Peace And Safety:
1. All buildings erected, repaired or altered in violation of the provisions of the ordinances of the village relating to materials and manner of construction or buildings and structures 4 .
2. All 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 any public highway or railway crossing.
3. All 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. All limbs of trees which project over a public sidewalk less than eight feet (8') above the surface thereof or less than ten feet (10') above the surface of a public street.
5. All dangerous trees or trees infected with Dutch elm disease.
6. All use or display of fireworks 5 except as provided by the laws of the state and ordinances of the village.
7. All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.
8. All wires over streets, alleys or public grounds which are strung less than sixteen feet (16') above the surface of the street or ground.
9. All loud and discordant noises or vibrations of any kind.
10. All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the village or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable length of time after the purpose thereof has been accomplished.
11. All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
12. All abandoned refrigerators or iceboxes or other containers 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.
13. Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
14. Any advertisements or signs affixed to any buildings, wall, fence, sidewalk, street or other private or public property without permission of the owner thereof.
15. Any sign, marquee or awning which is in an unsafe condition, or which overhangs any roadway, or which overhangs any sidewalk less than eight feet (8') above the sidewalk surface.
16. Any structure, material or condition which constitutes a fire hazard or will impair the extinguishing of any fire.
18. Release of hazardous materials (as defined and set forth in section 5-1-7 of this chapter). (Ord. 2003-20, 4-8-2003)
19. Owning, operating, or leasing any commercial establishment or residential unit which is used for criminal activity or drug related activity on more than one occasion during any six (6) month period.
a. For purposes of this section:
CRIMINAL ACTIVITY: Any criminal activity that has as one of its elements the use, attempted use or threatened use of physical force against the person or property of another.
DRUG RELATED ACTIVITY: The illegal manufacture, sale, distribution, or use or possession with intent to manufacture, sell, distribute or use of a controlled substance or cannabis 7 .
b. It shall be a defense to an alleged violation of this provision by the owner of the establishment or unit that such an owner has a written lease with the tenant authorizing termination of the lease upon use of the property for criminal activity or drug related activity, as long as the owner has instituted proceedings to terminate the lease and evict the tenant, and follows through with eviction of such tenant. (Ord. 2007-33, 6-26-2007)
Notes
| 1 | 1. See chapter 5 of this title. |
| 2 | 2. See section 4-1-1-3 of this code. |
| 3 | 1. See section 3-3-3 of this code. |
| 4 | 2. See title 6 of this code. |
| 5 | 3. See section 4-1-1-5 of this code. |
| 6 | 1. 740 ILCS 105/1 et seq. |
| 7 | 1. As defined in the Illinois controlled substances act, 720 ILCS 570/100 et seq., and cannabis control act, 720 ILCS 550/1. |