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 this section 4-2-3:
A. Improper Building Construction: All buildings erected, repaired or altered in violation of the provisions of the ordinances of the village relating to materials and manner of construction of buildings and structures.
B. Dangerous Buildings: All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.
C. Unauthorized Traffic-Control Devices: 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.
D. Obstructions To View From Vehicles: 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.
E. Tree Limbs: 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.
F. Fireworks: All use or display of fireworks except as provided by the laws of the state of Illinois and ordinances of the village 1 .
G. Utility Wires: All wires over streets, alleys or public grounds which are strung less than fifteen feet (15') above the surface of the street or ground. (Ord. 366-86, 4-8-1986)
H. Noise:
1. General: Producing or permitting to be produced any offensive noise to the disturbance of the peace or quiet of any person residing in the vicinity.
2. Construction Activity Noise: All exterior construction activity generating noise or dust when:
a. Such noise or dust prevents the peaceful use and enjoyment of property by persons of ordinary sensibilities; and
b. Such construction activity occurs on any Sunday or national holiday, or at any time other than the following:
(1) Seven o'clock (7:00) A.M. to six o'clock (6:00) P.M., on any Monday through Friday which is not a national holiday; or
(2) Seven o'clock (7:00) A.M. to four thirty o'clock (4:30) P.M., on any Saturday which is not a national holiday.
3. Electronic Sound Systems: The use of a stationary or portable electronic sound reinforcement and/or sound reproduction system utilizing loudspeakers, such that loud or raucous sounds radiate from the dwelling unit and are clearly audible from a distance of fifty feet (50') from such dwelling unit, or, if said dwelling unit is part of a multi- family building, are clearly audible beyond the perimeter of the dwelling unit, shall be prohibited during the following hours:
Sunday | 10:00 P.M. | - | Monday | 7:00 A.M. |
Monday | 10:00 P.M. | - | Tuesday | 7:00 A.M. |
Tuesday | 10:00 P.M. | - | Wednesday | 7:00 A.M. |
Wednesday | 10:00 P.M. | - | Thursday | 7:00 A.M. |
Thursday | 10:00 P.M. | - | Friday | 7:00 A.M. |
Friday | 11:00 P.M. | - | Saturday | 7:00 A.M. |
Saturday | 11:00 P.M. | - | Sunday | 7:00 A.M. |
4. Penalty: Notwithstanding any other provision of this code, any person violating any provisions of this subsection H shall be subject to a fine in an amount not less than those established in the schedule set forth below and not more than seven hundred fifty dollars ($750.00):
Description Of Violation
| Minimum Fine Amount
|
First violation in any 365 day period | $100.00 |
Second violation in any 365 day period | 300.00 |
Third violation in any 365 day period | 400.00 |
Fourth violation in any 365 day period | 500.00 |
Fifth and subsequent violations in any 365 day period | 600.00 |
For purposes of this subsection H, and in determining the appropriate amount due hereunder:
a. A separate violation shall be deemed committed for each violation for which a citation is issued.
b. All violations of any provision of this subsection H that are committed by the same person, or any firm controlled by such person, shall be counted, regardless of whether or not the violations occur at the same location.
c. Any finding or plea of guilty or no contest upon a citation shall be deemed a violation. (Ord. 935-01, 3-19-2001)
I. Obstructions And Excavations In Public Ways: 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.
J. Open Wells, Basements, Etc.: All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
K. Unauthorized Assemblies: Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
L. Unauthorized Advertisements: Any advertisements or signs affixed to any building, wall, fence, sidewalk, street or other private or public property without permission of the owner thereof.
M. Overhanging Signs And Awnings: 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.
N. Fire Hazards: Any structure, material or condition which constitutes a fire hazard or will impair the extinguishing of any fire. (Ord. 366-86, 4-8-1986)
O. Repeated False Alarms: Repeated false alarms from any property alarm system within the village. As used in this subsection, the term "property alarm system" is defined as an electrically operated instrument composed of sensory apparatus and related hardware which automatically transmits a prerecorded voice alarm, or visual and audible signals to be registered by indicators at a monitor panel at a receiving terminal or to an exterior device, upon receipt of a stimulus from a sensory apparatus that has detected a force or condition reasonably requiring police response. As used in this subsection, the term "repeated false alarms" is defined as any signal sent, in excess of three (3) in any calendar year, by a property alarm system which is not triggered by an unauthorized intrusion or other condition reasonably requiring police response. "False alarm" shall not include any signal sent by a property alarm system in conjunction with a test of said system if prior notification for such test is made to the Hawthorn Woods police department or its dispatch center prior to such test. The provisions of any other section of this code notwithstanding, the penalty for any person violating this subsection shall, upon conviction, be a fine of fifty dollars ($50.00) for the first violation during any calendar year, a fine of seventy five dollars ($75.00) for the second violation during any calendar year, and a fine of one hundred dollars ($100.00) for each subsequent violation during that same calendar year. (Ord. 889-00, 1-10-2000)
P. Statute Nuisances: Any nuisance so defined by the Illinois Compiled Statutes 2 . (Ord. 366-86, 4-8-1986)
Q. Dangerous Dogs, Vicious Dogs, And Dogs Barking For Prolonged Periods: As used in this subsection, the following words and terms shall be construed as herein defined:
ATTACK: Any aggressive, menacing or vicious physical contact between any dog and any person or other animal, including, but not limited to, contact of the mouth or teeth of the dog with the victim of the attack and any striking or scratching of the victim of the attack by the paws of any dog.
BITE: Seizing with the teeth or jaws so that the person or other animal seized has been nipped, gripped, cut, wounded or pierced, and further includes the contact of saliva with any break or abrasion of the skin.
DANGEROUS DOG: Any dog which, unmuzzled, in a vicious or terrorizing manner approaches any person or other animal in an apparent attitude of attack upon any street, sidewalk or any public grounds or place, or any private premises, provided that such approach is unprovoked; when such dog is not at all times kept in a confinement structure, or at all times when it is outside of a confinement structure, such dog is not securely muzzled, restrained on a leash and under the direct control and supervision of the owner; provided, that in no event shall such dog be under the direct control or supervision of any person under the age of eighteen (18) years.
DOG BARKING FOR PROLONGED PERIODS: Any dog which barks repeatedly and/or continuously so as to produce material annoyance, inconvenience, discomfort or hurt to any person.
LEASH: A strap or chain, manufactured for use as a leash, securely fastened to the collar or harness of a dog which shall in no case be longer than eight feet (8') and shall be of sufficient strength to keep such dog under control.
MUZZLE: A device constructed of strong, soft material or metal which will prevent a dog from biting any person or animal; provided, that such muzzle must be made in a manner which will not cause injury to the dog nor interfere with its vision or respiration.
OWNER: Any person having a right of property in a dog, or who keeps or harbors a dog, or who has it in his care, or acts as its custodian, or who knowingly permits a dog to remain on or about any premises occupied by him.
OWNER OF DANGEROUS AND/OR VICIOUS DOG: Any owner of a dog deemed dangerous and/or vicious by the Village under subsection Q of this section or by any other jurisdiction shall not have possession of any dog in the Village. Disposition of such dog shall occur through the administrative hearing process, pursuant to village code Title 1, Chapter 11, Administrative Adjudication within thirty (30) days of the violation. Any expense incurred in the handling of any dog under the provisions of this subsection shall be borne by the owner, including, but not limited to, impoundment fee.
PROVOCATION: Commission of a wilful trespass or other tort upon the premises of the owner; or past or present teasing, tormenting, abusing or assaulting of a dog; or commission or attempt to commit a crime.
VICIOUS DOG: Any dog which has, when unprovoked, bitten or attacked any person or other animal on public or private property; has a known tendency, propensity or disposition to attack persons or animals without provocation; or has been found by the police department to be a dangerous dog upon three (3) separate occasions.
Any person or persons who witness an incident involving a bite, attack or menacing behavior by any dog occurring in the village shall make a report to the police department setting out the nature and date of the incident, the owner of the dog, the address of the owner and description of the dog. The police department, upon receipt of a police report, shall investigate the complaint to determine whether the dog is dangerous or vicious. If the police department finds that the dog is dangerous or vicious, the owner shall be notified by certified mail or personal service of such finding. No dog shall be found dangerous or vicious if the attack or menacing behavior was the result of provocation.
The owner of a dog found to be dangerous or vicious may, within seven (7) days of the mailing or service of notice by the police department, make a written request to the chief of police for a review of such finding. Such review shall be made through the administrative hearing process, pursuant to village code Title 1, Chapter 11, Administrative Adjudication within thirty (30) days of such request and shall be based upon the police report and any statements or evidence presented by the owner, witnesses to the incident, police department personnel or any other person possessing information relevant to such finding. The administrative hearing officer’s findings, decision and order shall sustain or overrule the finding made by the police department. During the pendency of any such hearing, the dog which is the subject of such review shall be at all times kept in a confinement structure, or at all times when it is outside of a confinement structure, such dog shall be securely muzzled, restrained on a leash and under the direct control and supervision of the owner; provided, that in no event shall such dog be under the control or supervision of any person under the age of eighteen (18) years.
R. Housing More Than Three Dogs Or Cats Or Other Domestic Animals: The housing, keeping and/or maintenance within a single dwelling unit of more than three (3) dogs or three (3) cats or three (3) other domestic animals, or any combination thereof, over the age of four (4) months within the corporate limits of the village.
S. The Housing, Keeping And/Or Maintenance Of Any Dangerous Animal(s) Within The Corporate Limits Of The Village: As used in this subsection, "dangerous animal(s)" shall mean any animal or animals which are wild or are not naturally tame and gentle, or which, because of size, number, vicious nature, unpleasant odor, poisonous venom, tendency to run at large or propensity to serve as a disease vector, or other characteristics of the same nature, could constitute a danger to human life, health or property, or produces material annoyance, inconvenience, discomfort or hurt to any person. The members of the police department are authorized to destroy any dangerous animal of any kind when it is reasonably necessary for the protection of any person or property. Any expense incurred in the handling of any animal under the provisions of this subsection shall be borne by the owner, including, but not limited to, impoundment fee.
T. Housing Animals In Heat: The housing, keeping and/or maintenance of any animal in heat, when such animal is not within a confinement structure, or under the direct control and supervision of its owner and restrained on a "leash", as defined in subsection Q of this section.
U. Animals Running At Large: As used in this subsection, "animal(s) running at large" shall mean any animal not upon the premises of its owner or such other person having custody, possession or control over any such animal, which is not on a "leash", as defined in subsection Q of this section, and under the control of a person physically able to control it. No owner or other person having custody, possession or control over any animal shall suffer or permit such animal to enter upon the premises of another or to carry away any vegetable, plant, fruit, shrub, tree, flower or other thing which is on such premises. Any animal running at large may be apprehended and impounded, or, if such animal cannot be safely apprehended and impounded, such animal may be destroyed. Any expense incurred in the handling of any animal and/or the provisions of this subsection shall be borne by the owner, including, but not limited to, impoundment fees.
V. Animals Depositing Excrement: Animals depositing excrement on the property of someone other than their owner, unless such excrement is promptly removed from such property by the owner or person having custody, possession or control over such animal, and properly disposed of. No person who is the owner, or has custody, possession or control of any animal shall suffer or permit such animal to deposit excrement on the property of someone other than the owner, unless such excrement is promptly removed from such property and properly disposed of.
W. Exceptions: Notwithstanding any provision of subsections Q through V of this section to the contrary, guide dogs for the blind or hearing impaired and law enforcement K-9 dogs shall be exempt from the provisions of subsections Q through V of this section, provided that such dog is currently inoculated against rabies as provided for in 510 Illinois Compiled Statutes 5/8.
X. Watercraft, Snowmobiles Or Vehicles: The use of any device powered by a gasoline engine, including, but not limited to, personal watercraft, any snowmobile or any vehicle, in, on, or across any lake, detention/retention basin or pond or other body of water in the Village; provided, however, that this prohibition shall not apply to watercraft, snowmobiles or vehicles being utilized in maintenance activities for such body of water or in emergency rescue operations.
Y. Tarps Or Tarpaulins: Any tarps or tarpaulins in any yard used to cover structures, including but not limited to, accessory structures, motor vehicles, firewood, and garden equipment or garden appurtenances, except portable outdoor cooking grills, outdoor furniture, fountains, antique vehicles registered by the State of Illinois, and recreational vehicles as provided for in section 9-3-8 of this Code. (Ord. 729-95, 4-10-1995; amd. Ord. 798-97, 7–14-1997; Ord. 922-00, 11-13-2000; Ord. 1290-09, 8-17-2009; Ord. 1814-18, 2-26-2018; Ord. 1869-18, 7-23-2018; Ord. 2193-22, 9-27-2022)
Notes
| 1 | 2. 425 ILCS 35/2. |
| 2 | 1. 740 ILCS 55/221. |