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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)
It shall be unlawful for any person under the age of 21 years to smoke or use cigarettes on any street, alley, or park or other property used for public purposes, or in any public place of business or amusement in the city. It shall further be unlawful for any person to use an electronic cigarette, “vape”, or smoke tobacco in any form, whether in a pipe, cigarette, cigar or otherwise, in or upon any public conveyance within the city, except in a compartment provided for smoking purposes, in any such conveyance, or on any city-owned property excluding right-of-way, cemeteries, Francis Park, and parking lots in the downtown. Any person violating the provisions hereof shall be deemed guilty of a misdemeanor.
(Ord. 3040, passed 3-11-96; Am. Ord. 3823, passed 1-25-16; Am. Ord. 3965, passed 5-28-19) Penalty, see § 10.99
It shall be unlawful for any person to expectorate upon any sidewalk in the city or upon any floor of any car, omnibus, hack or other vehicle which is used for the purposes of conveying passengers, upon the stairway, floor, walk or entrance of any public building or place. Any person violating the provisions hereof shall be deemed guilty of a misdemeanor.
(Ord. 3040, passed 3-11-96) Penalty, see § 10.99
It shall be unlawful for any person having the ownership or control of any animal matter which is in process of decay or is offensive or dangerous to the public health within the city to permit the same to be and remain while in such condition within the city, for more than 12 hours.
(Ord. 3040, passed 3-11-96) Penalty, see § 10.99
No person shall dump, deposit, drop, throw, discard, leave, cause, or permit the dumping, depositing, dropping, throwing, discarding, or leaving of litter upon any public or private property in this city, or upon or into any river, lake, pond, or other stream or body of water in this city unless:
(A) The property has been designated by the city or any of its agencies for the disposal of litter, and the litter is disposed of on that property in accordance with the applicable rules and regulations of the IEPA;
(B) The litter is placed into a receptacles or other container intended by the owner or tenant in lawful possession of that property for the deposit of litter;
(C) The person is the owner or tenant in lawful possession of the property or has first obtained the consent of the owner or tenant in lawful, or unless the act is done under the personal direction of the owner or tenant and does not create a public health or safety hazard, a public nuisance, or a fire hazard;
(D) The person is lawfully acting in or reacting to an emergency situation where health and safety is threatened, and removes and properly disposes of any litter, including, but not limited to, potentially infectious medical waste as defined in section 3.84 of the Environmental Protection Act, when the emergency situation no longer exists.
(Ord. 3040, passed 3-11-96) Penalty, see § 10.99
No person shall dump, deposit, drop, throw, discard, or otherwise dispose of litter from any motor vehicle upon any public highway, upon any public or private property or upon or into any river, lake, pond, stream, or body of water in this city except as permitted under § 95.10. Nor shall any person transport, by any means, garbage or refuse from any dwelling, residence, place of business, farm, or other site to and deposit the material in, around, or on top of trash barrels or other receptacles placed along public highways or at roadside rest areas.
(Ord. 3040, passed 3-11-96) Penalty, see § 10.99
No person shall allow litter to accumulate upon real property, of which the person charged is the owner or tenant in control, in such a manner as to constitute a public nuisance or in such a manner that the litter may be blown or otherwise carried by the natural elements on to the real property of another person.
(Ord. 3040, passed 3-11-96) Penalty, see § 10.99
Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle not carrying passengers for hire, the presumption is created that the operator of that motor vehicle has violated § 95.11, but that presumption may be rebutted.
(Ord. 3040, passed 3-11-96)
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