As used in this chapter, the following terms shall be defined as indicated in this section, unless the context clearly requires otherwise:
AGRICULTURAL PURPOSES: The growing, developing, processing, conditioning, or selling of farm crops and farm seeds, truck garden crops, animal and poultry husbandry, apiculture, aquaculture, dairying, floriculture, horticulture, nurseries, tree farms, sod farms, pasturage, viticulture, and wholesale greenhouses when such agricultural purposes constitute the principal activity on the land.
APIARY: The assembly of one or more colonies of bees at a single location.
AUTHORIZED REPRESENTATIVE: Any duly sworn deputy of the Kane County Sheriff's Office, Environmental Management Officer, Zoning Officer, Building Officer, or Health Officer.
BEE: Any life stage of the common domestic honey bee, Apis Mellifera Species.
BEEKEEPER: The person who owns or has charge of one or more colonies of bees.
BRUSH: Dry tree trunks, limbs, branches, and twigs.
BUILDING: Any rigid structure which is designed, used or intended for the support, enclosure, shelter, or protection of persons, animals, or other property and which is permanently affixed to the land.
CEREMONIAL FIRE: An outdoor fire larger than three feet by three feet by three feet (3' x 3' x 3') which is used for entertainment purposes as part of a specifically scheduled public or private event and excludes leaves, grass or shrubbery clippings or cuttings.
COLONY: An aggregate of bees consisting of workers, and at times a queen, drones, brood, combs and honey.
COMPOST: A humuslike product derived from the process of composting.
COMPOSTING: An aboveground microbial process that converts organic waste to soil or mulch by decomposition of material through an aerobic process that requires adequate oxygen and moisture.
COUNTY: The County of Kane, State of Illinois.
COUNTY BOARD: The County Board of Kane County, Illinois.
DWELLING: A building or portion thereof designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, multiple-family dwellings and apartment hotels, but not including hotels, motels, trailer coaches or mobile homes.
DWELLING UNIT: Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used, or intended to be used, for living, sleeping, cooking and eating.
EXTERMINATION: The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, trapping, or by any other recognized and legal method of pest elimination approved by the Health Officer.
FOWL: Birds belonging to one of two (2) biological orders, namely the gamefowl or landfowl (Galliformes) and the waterfowl (Anseriformes).
GARBAGE: Organic waste resulting from the preparation, processing, handling and storage of food and all decayed or spoiled food from any source whatsoever.
GRASS: All vegetative ground cover located within a yard excluding noxious weeds.
GUINEA FOWL (AGELASTES, NUMIDA, GUTTERA, ACRYLLIUM): An African bird related to pheasants and marked by a bare neck and head and slaty plumage speckled with white.
HIVE: The man-made receptacle inhabited by a colony of bees.
HIVE, PERMANENT: The man-made receptacle inhabited by a colony of bees permitted on a parcel year-round.
HIVE, TEMPORARY: The man-made receptacle for swarm control permitted on a parcel for no more than one sixty (60) day period per year.
HOBBY ANIMALS: Any animal used for hobby, racing, show or recreational purposes.
HUMAN WASTES: Food and byproducts of metabolism which are passed out of the human body.
INFESTATION: The presence within a building of any insects, rodents, vermin or other pests.
INOPERABLE MOTOR VEHICLE OR TRAILER: Any motor vehicle, tractor, all-terrain vehicle (ATV), boat, camping trailer, motor home, snowmobile, motorcycle, minibike, from which, for more than fourteen (14) days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven or operated under its own motor power. For the purpose of this chapter, the term "inoperable motor vehicle or trailer" includes any motor vehicle, trailer, semitrailer or pole trailer which is not currently registered, if the Illinois Vehicle Code would prohibit operation of the vehicle or trailer upon a highway without registration.
JUNK: Defined as, but not limited to, car parts, scrap metal, furniture, appliances, equipment, glass, paper irrespective of whether these materials may be reused.
JUNK VEHICLE: Any stripped, junked and/or wrecked motor vehicle not in good and safe operating condition.
LANDSCAPE WASTE: All accumulations of grass or shrubbery cuttings, leaves, flowers, and weeds.
MANURE: Stable bedding and excrement of all domestic animals and fowl.
NOXIOUS: Detrimental to one's health or property.
NOXIOUS WEED: An annual, biennial, or perennial plant propagated by seed or vegetative parts, as listed in the Illinois Noxious Weed Rule, which is injurious to public health, crops, livestock, land, or other property. Noxious weeds as identified by the Illinois Noxious Weed Rule shall include the following:
A. Marihuana (Cannabis sativa L.);
B. Canada thistle (Cirsium arvense);
C. Perennial sowthistle (Sonchus arvensis);
D. Musk thistle (Carduus nutans);
E. Perennial members of the sorghum genus, including johnsongrass (Sorghum halepense), sorghum almum, and other johnsongrass X sorghum crosses with rhizomes; and
F. Kudzu (Pueraria labata).
NUISANCE: Any condition considered harmful to person(s) or property, or which may be hazardous to the public health. A condition that has the ability to affect the health, safety, or welfare of the public in general.
OCCUPANT: Any individual living or sleeping in a building, or having possession of space within a building.
OWNER: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the State, County or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PEA-FOWL (PAVO CRISTATUS, PAVO MUTICUS, AFROPAVO CONGENSIS): The peacock or pea hen, large terrestrial pheasants.
POULTRY: Domesticated birds or rabbits, or both, dead or alive, capable of being used for human food.
PRAIRIE PLANTS: Any one of eight hundred fifty one (851) species of plants defined as a prairie plant by the Illinois plant information network maintained by the Illinois Natural History Survey. This list may be found at http://www.inhs.illinois.edu/~kenr/prairieplants.html.
RECREATIONAL FIRE: An outdoor fire for warmth, cooking for human consumption or temporary nonceremonial purposes where the fire is not larger than three feet by three feet by three feet (3' x 3' x 3') and excludes leaves, grass or shrubbery clippings or cuttings.
REFUSE: Ashes, sweepings, manure, dead animals, privy or cesspool contents or litter.
RODENTS: An animal of the order Rodentia, including, but not limited to, mice, rats, squirrels, chipmunks, gophers, porcupines, beavers, prairie dogs and groundhogs.
ROOSTER: A male chicken.
RUBBISH: Combustible and noncombustible waste material, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, cans, metals, mineral matter, glass, crockery, and dust from similar materials.
STRUCTURE: Anything erected, the use of which requires a location on or in the ground, or attached to something having a location on or in the ground.
TENANT: A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
VACANT DWELLING: A dwelling which is lacking habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful business operations or residential occupancy has ceased, or which is substantially devoid of content. In determining whether a dwelling is vacant, it is relevant to consider, among other factors, the percentage of the overall square footage of the dwelling and the presence of rental or for sale signs on the property; provided that a residential property shall not be deemed vacant if it has been used as a residence by a person entitled to possession for a period of at least three (3) months within the previous nine (9) months and a person entitled to possession intends to resume residing at the property.
VERMIN: Roaches, bedbugs, fleas, lice, termites, mosquitoes, flies or similar pestlike insects.
YARD: An open space on the same lot with a structure.
YARD WASTE: Any waste generated as the result of tree trimming, lawn mowing, gardening, leaf raking, and other yard activities and consisting of branches, brush, grass clippings, leaves, sod, hedge trimmings and other plant waste from yard and garden sources.
Other definitions as stated in rules and regulations that are referenced in this chapter shall apply. (Ord. 10-186, 6-8-2010, eff. 7-1-2010; Ord. 12-83, 4-10-2012, eff. 6-15-2012; Ord. 17-190, 7-11-2017, eff. 7-11-2017; Ord. 22-70, 3-8-2022)