Section
95.01 Definitions
95.02 Nuisances
95.03 Nuisances constitute violation
95.04 Standing to complain
95.05 Abatement proceedings in general
95.06 Emergency abatement of certain nuisances
95.07 Smoking prohibited
95.08 Expectorating
95.09 Offensive, decaying animal matter
95.10 Dumping or depositing of litter prohibited; exemptions
95.11 Dumping or depositing litter from motor vehicle prohibited
95.12 Accumulation of litter prohibited
95.13 Presumption of violation by operator throwing litter from motor vehicle
95.14 Receptacles required in public areas
95.15 Chronic nuisance - criminal offenses
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LITTER. Any discarded, used, or not consumed substance or waste. LITTER may include, but is not limited to, any garbage, trash, refuse, debris, rubbish, grass clippings, or other lawn or garden waste; newspaper, magazines, glass, metal, plastic, or paper containers, or other packaging, construction material, abandoned vehicle (as defined in § 90.01), motor vehicle parts, furniture, oil, carcass of a dead animal, any nauseous or offensive matter of any kind; any object likely to injure any person or create a traffic hazard; potentially infectious medical waste as defined in section 3.84 of the Environmental Protection Act, or anything else of an unsightly or unsanitary nature, which has been discarded, abandoned, or otherwise disposed of improperly.
MOTOR VEHICLE. As defined in Chapter 70 of this Code.
NUISANCE. Per ILCS Ch. 65, Act 5, § 11-60-2 municipalities may define, prevent, and abate nuisances. A nuisance is to cause any of those acts or omissions that are declared to be nuisances by the laws of the state, and such as are known as nuisances to the common law, not hereinafter enumerated in this section or this Code; or to cause those acts or omissions which are nuisances in fact.
(Ord. 3040, passed 3-11-96; Am. Ord. 4208, passed 10-28-24)
Within the city, it is hereby declared a nuisance for any person:
(A) Nuisances defined by this Code. To cause any of those acts or omissions that are declared by this Code to be nuisances.
(B) Unsafe, unsightly structures. To maintain or construct an insecure or unsafe building, stack, sign, billboard, chimney, well, cistern, cesspool, or other structure, which from its situation, mode of construction, condition, or repair, or other cause, may be unsafe, hazardous, or in an unsightly condition.
(C) Distillery, slaughterhouse, etc. To carry on, use, or occupy any distillery or slaughtering establishment, or establishment for steaming or rendering lard, tallow, offal, dead animals, or other substance of like nature within the limits of the city or within one mile of such limits, without the permission of the city council.
(D) Odors. To engage in any activity which causes or produces unreasonably offensive odors, except that this subsection shall not apply to those activities carried on in the public interest.
(E) Putrid substances. Maintain or permit any substance on the premises which is, or may become, putrid or create an unhealthy condition.
(F) Noises. To cause or allow unreasonably loud noises tending to cause alarm or to disturb the public peace and quiet.
(G) Licenses. To fail or refuse to obtain and possess any license required by this Code or other ordinance of the city.
(H) Continuing violations of this Code. To continue to do any act, acts, omission or omissions which constitutes a violation of this Code or other ordinance of the city.
(I) Attractive nuisances. For the owner or occupant of any premises to create, maintain, or suffer an attractive nuisance to remain on the premises.
(J) Zoning violations. To violate the City Zoning Ordinance.
(K) Unhealthy conditions. To create, allow, maintain, or permit any condition which may endanger the public health.
(L) Encroachments. To cause, allow, permit, or suffer any encroachment upon public ways or upon public grounds without obtaining a permit therefor.
(M) Unlawful assemblies. To organize, lead, or participate in any unlawful assembly of persons.
(N) Violation of technical codes. To cause, allow, permit, or suffer the violation of the building code of the city, the electrical code of the city, the fire prevention code of the city, the mechanical code of the city, the plumbing code of the city, or any other technical code adopted by any provision of this Code or any other ordinance of the city.
(O) Abandoned refrigerators. To leave or permit standing outside of any structure, or within any abandoned structure, in a place accessible to children, any abandoned, unattended, or discarded icebox, refrigerator, or other container which has an air tight door or lid with a snap lock or other locking device which cannot be released from the inside; except that it shall not be a nuisance under the subsection if the door is first removed from the device; however, said device shall not remain outside for more than seven days.
(P) Littering.
(1) To allow, suffer, permit, or cause to be dropped, thrown, discarded, placed, or deposited on any public way or public place, or on any private property when public property may be affected thereby, any paper, glass, plastic, wood, metal, solid or liquid vegetable or animal compound, rubbish, garbage, waste, effluent, junk, debris, litter, solid, or any combination thereof, except in a refuse receptacle or transfer station of the city.
(2) To throw, place, maintain, or allow to be thrown, placed, or maintained any dead tree, any dead or broken tree limb or branch still hanging from the tree or on the ground, vegetation overgrowth, brush, junk auto bodies, junk auto chassis, auto parts, inoperable machines of any type, appliances, lumber piles, and building materials not being used in actual construction, cans, broken glass, broken fence, broken or abandoned furniture, boxes, crates, debris, junk, rubbish, and garbage upon premises occupied, owned, or possessed by a person in the city, or upon any other public or private property in the city. These provisions do not apply to a permitted solid waste disposal site authorized by the city or to properly authorized junk yards in the case of junk that they are authorized to handle.
(Q) Construction and heavy equipment noise. To allow, suffer, permit or cause to be operated, or, otherwise engaged vehicles licensed by the State of Illinois or another state as a second division truck exceeding gross vehicle weight of 30,000 pounds or unlicensed motor vehicles used in the construction industry and commonly referred to as heavy construction equipment (such equipment to include but not to be limited to road graders, back hoes, steam rollers and crane) for the purpose of making commercial deliveries or engaging in building construction, other construction, or making commercial pickups, such as refuse collections, at any location within 500 feet of a residential use, prior to 6:00 a.m. on any day and after 9:00 p.m. on any day; however, this prohibition shall not apply in cases where a repair is immediately required for the protection of life or property. Nothing herein is intended to prohibit mere travel of legally authorized vehicles upon the streets of the city;
(R) Graffiti.
(1) Graffiti shall be defined as any sign, symbol, marking, drawing, name, initial, word, diagram, sketch, picture, or letter placed upon the real or personal property of an owner without the owner's express, written permission: provided, however, it shall not be a defense that the owner or occupant has given permission where this graffiti tends to incite violence.
(2) It shall be unlawful for any person to place graffiti upon the real or personal, public or private, property of another.
(3) It shall be unlawful for the owner or occupant of fixed real or personal property located within the public view to place or give permission to place graffiti, as otherwise defined in this chapter on said real or personal property if the graffiti tends to incite violence by referring to gang or criminal activity, depicts or expresses obscenity (as defined in § 134.02) or contains defamatory material about a public or private person, except as otherwise allowed by law.
(4) It shall be unlawful for any person to possess, while in any public building or facility, or while on private property, any of the following materials with the intent to use such materials to violate subsection (1) or (2) above: spray paint containers, paint, ink, marking pens containing non-water soluble fluid, brushes, applicators or other materials for marking, scratching or etching.
(5) Upon being notified, in writing, by the city, the property owner upon which graffiti has been illegally placed shall remove the graffiti within 15 days of the date of notice. By written request, this time period may be modified due to weather conditions by the City Manager or designee thereof. The property owner may, in writing to the City Manager, request assistance for the graffiti removal based on the owner's inability to perform removal; however, such request shall not bind the city to provide the requested assistance and labor, material, and equipment costs will be billed to the property owner. Failure to remove the graffiti within the specified time shall cause the summary abatement of this nuisance as prescribed in this chapter and costs shall be assessed to the owner.
(6) The penalty upon conviction for the offense of failure to remove graffiti or any other part of this chapter shall be per § 10.99 of this code for each offense and each day such failure shall continue shall be considered a separate offense and fines shall be assessed accordingly.
(7) In addition to the penalty for violating division (R)(2), the offender may also be ordered by the Court, in addition to fines, to pay restitution to the property owner for the costs of restoring the property to its condition before the graffiti was applied.
(S) Weeds and tall grasses. To maintain or permit any cockle burrs, thistles, burdocks, jimson or other weeds or tall grass to grow to a height exceeding eight inches upon any lot or premises owned or controlled by him within the city. This shall include the area between the owner’s property and the traveled portion of the street or alley when the property lies adjacent to a public street or alley. This area shall be kept in a neat appearing manner and free of tall brush, weeds and grass.
(1) It shall be the duty of every owner, lessee, or occupant of property within the city limits to keep such property clear and free of cockle burrs, thistles, or other weeds and tall grass.
(2) If any such person fails to comply with the provisions of this subparagraph, and further fails to comply with the deadline for the removal of the same as provided by the Health, Building and Zoning Officer, or his designee, in a notice provided as specified in subsection (3) of this section, such officer shall request a private contractor or have the city remove or mow such weeds or tall grass and the cost thereof shall be billed to the owner, lessee, or occupant of the property. If the owner, lessee or occupant fails to pay the bill by the deadline provided therein, such costs shall be lien upon the real estate affected upon compliance and in accordance with the provisions of ILCS Ch. 65, Act 5, § 11-20-7.
(3) Notice shall be provided by the Health, Building, and Zoning Officer, or his designee, by posting a notice at the property which states the violation and the remedy for the same, and further provides five days from the posting of the notice for the property owner, lessee or occupant of the property an opportunity to remedy the violation. A notice shall also be sent by first class mail to the last known owners' address, as substantiated by records maintained by the Henry County Treasurer's office. Further, the city shall only be required to post a single notice and send a single letter during any calendar year, and such posting and letter shall serve as proper notice to the owner, lessee or occupant of the property that compliance is required and that at any time it is found that weeds or grass are allowed to exceed the eight inch limitation of this section, the city may cause to cut the weeds and tall grass without additional notice. Also, the posting of the notice shall be accomplished by either personal service; or affixing the same to a structure on the property, or a tree or post on the property, with every attempt made to ensure that the notice is visible to an occupant or anyone that may approach the property.
(4) Any person who violates this subparagraph and for whom the city removes or causes to be removed or mows weeds or tall grass shall be charged a $40 administrative fee in addition to actual costs incurred for said removal or mowing on each occurrence, and such charge shall be a lien upon the real estate where said removal or mowing takes place, and the same shall be in addition to all other charges and penalties issued. It is hereby found that the minimum cost for mowing shall be $65 per hour.
(T) Ponds and sinkholes. To maintain any lot or parcel of land in the city who shall make or cause to be made or suffer to exist on any such lot or parcel of land, any pond, pit, or sinkhole; and any owner, occupant, or possessor of any such lot or parcel of land who shall refuse or neglect to remedy or abate said nuisance by causing the same to be filled, or shall cause the water therein to be drained therefrom or securely fence the same under the supervision, and to the approval of the City Engineer after being notified so to do by the Health, Building, and Zoning Officer, or any City Police Officer or Code Enforcement Officer.
(U) Cisterns. To maintain, allow, or permit to exist on any lot or parcel of land in the city any cistern, well or cesspool without having the same securely covered and protected.
(V) Open cellar doors and vaults; stairways. To leave open or suffer or permit to be left open, any cellar or trap door, or the grating of any vault, in or upon any sidewalk, street or other public place within the city; or whoever shall keep or maintain any uncovered opening or a covered opening for which the cover is not being properly maintained in any such place so to endanger the life or limb of any persons passing the same. Every stairway in the city leading from any street or alley to the basement of any building shall be guarded by secure railings on the sides thereof and shall be further secured at night by a chain or bar across the opening between such railings.
(W) Night soil, manure, or other offensive substances. To deposit any night soil, dead animal manure, slops, or other filthy, nauseous or offensive substance or any substance likely to become offensive, whether animal or vegetable, upon any lot, street, alley or other public or private place in the city.
(X) Foul cellars, vaults, and privies.
(1) To suffer or permit any cellar, vault, private drain, pool, sewer, or sink upon any premises in the city belonging to or occupied by the person to become nauseous, foul, offensive or injurious to the public health.
(2) To keep or maintain any privy within the corporate limits of the city.
(Y) Obstruction of streams and sewers. To erect or maintain any obstruction in or across any watercourse, stream, creek, or brook so that water is thereby caused to stand therein and stagnate or whoever shall place or deposit therein any straw, hay, manure, dead animal or other obnoxious or offensive matter or thing, or whoever shall, by any means, dam or obstruct any sewer, drain or gutter.
(Z) Casting filth into a well or cistern. Who throws, casts, or deposits any filth, offal, or other substance or thing of an offensive character in any public or private well or cistern within the jurisdiction of the city.
(AA) Garbage. To burn or bury garbage within the city or to permit garbage to accumulate in any manner within the city so as to attract flies, vermin, or rats.
(AB) To allow any tree, brush, shrubbery, or any other vegetation or other object to partially or completely obstruct any city sidewalk, street sign, traffic control device, roadway, alley or other city right-of-way.
(Ord. 3040, passed 3-11-96; Am. Ord. 3160, passed 5-26-98; Am. Ord. 3848, passed 9-12-16; Am. Ord. 4208, passed 10-28-24)
It shall be unlawful for any person to create or maintain or permit the creation or maintenance of a nuisance as above defined upon property under such person's control. A person who violates this section shall be guilty of violation of this Code and such violation shall be punished as set forth in this Code. Nothing herein shall be construed to limit injunctive or other equitable relief.
(Ord. 3040, passed 3-11-96) Penalty, see § 10.99
Any person having standing to complain of a nuisance under this chapter, or the head of any city department having cognizance of a nuisance, shall report the fact of the nuisance and the details surrounding it to the city attorney who shall, if it is justified under the circumstances, institute abatement proceedings in accordance with the laws of the state.
(Ord. 3040, passed 3-11-96)
When a nuisance as defined by this chapter exists and the nuisance causes or threatens imminent danger or great peril to persons or property, the nuisance may be immediately abated by the city, by using the following procedure:
(A) The City Manager, or designee, shall find that the nuisance exists, and that the nuisance causes or threatens imminent danger or great peril to persons or property, and that an emergency exists. A copy of the City Manager's findings made shall be placed on file in the office of the City Clerk.
(B) The City Manager, or designee, shall immediately issue a notice directed to the owner or occupant of the premises on which the nuisance exists, directing the owner or occupant to immediately abate the nuisance.
(C) The notice issued pursuant to this section shall be served upon the owner or occupant of the premises upon which the nuisance exists. The notice may be served by any officer or employee of the city. In the event that the owner or occupant of the premises is not to be found, the notice may be posted on the premises on which the nuisance exists.
(D) Upon being served with a notice to abate a nuisance as provided in this section, the owner or occupant of the premises on which the nuisance is located shall immediately abate the nuisance. The failure of the owner or occupant to immediately abate the nuisance upon service or posting of the notice shall be a violation of this Code and shall be punished as provided in this Code.
(E) In the event that the owner or occupant of a premises on which a nuisance is ordered to be abated under this section does not immediately abate the nuisance, the appropriate city department or person or persons hired by the city shall immediately abate the nuisance. The cost of the abatement by the city shall be assessed against the property on which the nuisance existed, and shall be collected as other special assessments.
(Ord. 3040, passed 3-11-96; Am. Ord. 4208, passed 10-28-24)
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