It is hereby declared to be a nuisance for any person to engage in any of the following conduct or to cause or permit any of the following conditions to exist within the City:
A. Solicitors, Peddlers And Itinerant Merchants:
1. For any solicitor, peddler, hawker, itinerant merchant or transient vender of merchandise to enter into or go upon any private residence in the City for the purpose of peddling or selling the same without having first been requested or invited to do so by the owner or owners or occupant or occupants of the private residence.
2. Any such nuisance described in subsection A1 of this section shall be abated and suppressed by the City Police.
3. A permit shall be issued upon request, with the approval of the Mayor, and issued by the City Clerk at a fee of five dollars ($5.00).
B. Offensive Smells: To so negligently conduct any business or use any premises as to create such an offensive smell as may taint the air and render it unwholesome or disagreeable in the neighborhood.
C. Offensive Premises And Animal Houses:
1. To cause or suffer the carcass of any animal or vegetable matter, slops, swill, suds, garbage, filth, stable drippings, offal, or noisome substance of any kind to be collected or deposited or to remain in any place in the City to the prejudice of others. (Ord. 1984-2, 6-11-1984)
2. To keep or suffer to be kept, in a foul, offensive, nauseous or filthy condition, any chicken coop, cow house, stable, cellar, vault, drain, privy, sewer, sink, railroad car, building yard, grounds or premises belonging to or occupied by said person. (Ord. 1984-2, 6-11-1984; amd. 2018 Code)
3. To own, use or keep any yard, pen, place, railroad car or premises, in or upon which cattle or other animals shall be confined or kept, so as to annoy or offend those residing in the vicinity.
D. Garbage, Junk And Trash:
1. To not permit or allow debris, junk, old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material, inoperable appliances, unusable furniture, and dimensional lumber from dismantled buildings to exist upon the premises other than in a proper container. (Ord. 2022-3, 7-11-2022)
2. To not place, leave, deposit or cause to remain any refuse, litter, garbage, or rubbish of any kind upon or in any street, alley, walk, park, or other public place. (Ord. 2022-3, 7-11-2022)
E. Inoperable Motor Vehicles:
1. To own, keep or store, or have under his control in view of the general public, whether on public or private property, an inoperable motor vehicle. "Inoperable motor vehicle" means any motor vehicle from which, for a period of at least seven (7) 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 under its own motor power. The term does not include a motor vehicle which, for a period of less than seven (7) days, has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations.
2. It is not a nuisance to keep an inoperable motor vehicle within a fully enclosed building. Covering or concealing an inoperable motor vehicle with a temporary or nonpermanent covering or within any structures which are not fully enclosed buildings does not render it out of the view of the public for purposes of this subsection E.
3. This subsection E does not apply to operable historical vehicles over twenty five (25) years of age or to a motor vehicle on the premises of a place of business lawfully engaged in the wrecking or junking of motor vehicles. (Ord. 1997-1, 5-19-1997)
F. Burning Certain Materials: To cause, allow, or permit open burning of substances which, as a result of said burning, emit foul, offensive, nauseous, noxious gases or particulate matter, or soot or smoke including, but not limited to, tires, insulated electrical wires, asphalt impregnated roofing or siding materials, garbage, refuse, rubbish, offal, hair, hides, manure, dung, feces and excrement. (Ord. 2006-8, 9-11-2006)
G. Excessive Noise: To emit beyond the boundaries on a person's property any noise that unreasonably interferes with the enjoyment of life or interferes with any lawful business or activity. "Beyond the boundaries of a person's property" includes personal property as well as real property. The following acts are declared to be excessive unnecessary noises which constitute public nuisances, but this enumeration shall not be deemed to be exclusive:
1. Whistles: The blowing of any steam whistle attached to any stationary boiler, other than to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper City authorities.
2. Horns: The sounding of any horn or signal device on any boat, automobile, motorcycle or bus so as to create an unreasonably loud or harsh sound, and the sounding of such device for an unnecessary and unreasonable period of time.
3. Exhaust Discharge: The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
4. Radios And Musical Devices: The playing of any radio, phonograph or musical instruments with such volume, particularly between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M., or at any other time or place, so as to unreasonably annoy or disturb the quiet, comfort or repose of any person in the vicinity.
5. Noises To Attract Attention: The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noise to any performance, show or sale or display of merchandise.
6. Sound Amplification: The unreasonable use of any amplifiers or loudspeakers in the course of any public address. This shall not be applicable to human voices or cheering at duly authorized baseball, basketball and other public sporting events held within the City parks in or on fields and facilities designed for such events, except between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M.
7. Animals: The keeping of any animal, bird or fowl which, by causing frequent or long continued noises, shall disturb the comfort or repose of any person in the vicinity.
8. Building Operations: The erection (including excavation), demolition, alteration or repair of any building or the excavation of streets or public places in any residential area other than between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M., except in case of urgent necessity in the interest of public health and safety, and then only with a written permit from the Zoning Enforcer or the Mayor.
9. Noises Near Certain Establishments: The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in session, or adjacent to any clinic or hospital which unreasonably interferes with the workings or sessions thereof. (Ord. 2007-4, 8-13-2007)
H. Water Pollution:
1. To throw or deposit, or cause to be thrown or deposited, any offal or other offensive matter or the carcass of any animal into any watercourse, pond, spring, or well within the limits of the City.
2. To corrupt or render unwholesome or injure the water of any drinking hydrant, spring, stream, pond, or lake to the injury and prejudice of others. (Ord. 1984-2, 6-11-1984)
I. Grass Or Other Plant Cover:
1. Grass Exceeding Twelve Inches In Length Declared A Nuisance: Any grass or other cover allowed or permitted to grow to a length in excess of twelve inches (12"), excluding any trees, brushes, flowers or other ornamental plants, on any lot or tract of land in the City, including any land lying between any property line thereof running next or nearest to any street or alley and the closest edge of the concrete, asphalt, or other surface material constituting the publicly traveled street or alley running in front, along the side, or in the rear of said lot or tract of land, are hereby declared to be a nuisance to the extent that such grass or other cover exceeds such length.
2. Length Restriction: It shall be unlawful for anyone to permit or allow any weeds, grass or other cover, or plants, but excluding trees, bushes, flowers or other ornamental plants properly cultivated, to grow to a length in excess of twelve inches (12") on any lot or tract of land in the City either owned or occupied by anyone either individually or as a trustee, contract seller or purchaser, partner in a partnership, tenant, land trust beneficiary, or corporation, including any land lying between any property line thereof running next or nearest to any street or alley and the closet edge of the concrete, asphalt, or other surface material constituting the publicly traveled street or alley running in front, along the side, or in the rear of said lot or tract of land, the owner and the occupant being each responsible to keep the weeds, grass or other cover, or plants described above cut and mowed to a length no greater than twelve inches (12") on not only the lot(s) or tract of land owned or occupied by him, but also any strip of land lying within any property line and street surface line as described above. (Ord. 2018-11, 8-13-2018)
J. Obstructing Public Ways: To obstruct or encroach upon public highways, private ways, streets, alleys and commons. (Ord. 1984-2, 6-11-1984)
K. Unwholesome Business; Adult Entertainment; Disorderly House:
1. Unwholesome Business: To establish, maintain and carry on any offensive or unwholesome business within the limits of the City or within one mile of the limits thereof. (Ord. 2006-11, 12-11-2006)
2. Adult Entertainment:
a. To offer adult entertainment within three thousand feet (3,000') of property boundaries of any school, daycare center, cemetery, public park, forest preserve, public housing, and places of religious worship. Regardless of where it is located, the use, consumption or sales of alcoholic beverages on the premises of a sexually oriented business is prohibited.
b. For the purposes of this subsection K2, the following terms shall have the meanings ascribed to them in this subsection K2b:
ADULT ENTERTAINMENT: (1) A striptease club or pornographic movie theater whose business is the commercial sale, dissemination, or distribution of sexually explicit material, shows or other exhibitions; or
(2) An adult bookstore or adult video store whose primary business is the commercial sale, dissemination, or distribution of sexually explicit material, shows, or other exhibitions; or
(3) A bar, restaurant, cabaret or club wherein entertainers, hosts, hostesses, managers, waiters, waitresses, any employee or customers appear in a state of nudity with an intent to arouse or to satisfy the sexual desire of observers or themselves or, while nude, act in a manner which appeals to the prurient interests of observers or, while in a state of nudity, are in violation of 720 Illinois Compiled Statutes 5/11-20, Obscenity, or 720 Illinois Compiled Statutes 5/11-30, Public Indecency. That the person's appearance has serious literary, artistic, political or scientific value is an affirmative defense to application of this subsection K2.
STATE OF NUDITY: A state of dress or undress that exposes to view less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed; or human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state. (Ord. 2006-11, 12-11-2006; amd. 2018 Code)
3. Disorderly House: To establish, maintain and carry on bawdy or disorderly houses or houses of ill fame or assignation within the limits of the City or within three (3) miles of the outer boundary of the City. (Ord. 2006-11, 12-11-2006)