§ 94.04  DEFINITIONS.
   CANNABIS.  All terms and phrases used herein shall have the same meaning as ascribed to them in the Cannabis Control Act (720 ILCS 550/1 et seq.).
   CANNABIS PARAPHERNALIA.  For purposes of this subchapter, means all items, equipment, products and materials of any kind which may be used in ingesting, inhaling, or otherwise introducing cannabis into the human body in violation of the Cannabis Control Act (720 ILCS 550/1 et seq.)
   CEREMONIAL FIRE. An outdoor fire no larger than three feet by three feet by three feet which is used for entertainment purposes as part of a specifically scheduled public or private event and the fire does not contain leaves, grass, or shrubbery clippings or cuttings, garbage or junk and debris.
   CHRONIC NUISANCE PROPERTY. Any property upon which two or more nuisance activities or conditions, as defined in this subchapter, have occurred during any three-year period; such CHRONIC NUISANCE PROPERTY status shall result either from:
      (1)   Two or more distinct types of nuisance conditions or activities on such property (even if arising from the same factual circumstances or investigation);
      (2)   Two or more separate factual events that have been separately investigated by an enforcement officer involving the same nuisance condition or activity; or
      (3)   A combination of two or more conditions, activities, or events as described in subsections (1) and (2) above.
   DESIGNATED UNINCORPORATED AREA. An unincorporated area less than one square mile in size meeting the following criteria:
      (1)   The unincorporated area is adjacent to an educational facility containing a large population of students and adults involved in activities both inside and outside the school structure;
      (2)   The educational facility has received complaints concerning the burning of landscape waste in the area;
      (3)   The unincorporated area is completely surrounded by one or more municipalities that ban landscape waste burning;
      (4)   The unincorporated area is densely populated, herein defined as containing more than 100 homes with a lot area averaging less than one acre in size within a quarter mile of the educational facility; and
      (5)   Five hundred or more feet of unincorporated area abuts the property border of the educational facility.
   DITCH. Any artificially constructed open drain or natural drain that has been artificially improved.
   DRAIN. Any ditch, watercourse or conduit, whether open, covered or enclosed, natural or artificial, or partly natural and partially artificial, by which surface waters coming or falling upon lands are carried away.
   GARBAGE. Organic waste resulting from preparation, processing, handling, and storage of food and all decayed or spoiled food from any source.
   GRAFFITI. Any symbol, announcement, insignia, name, identification, inscription, picture, or similar marking, including, without limitation any letter, word, numeral, emblem, or combination thereof that is painted, written, drawn, scratched, marked, etched, sprayed, engraved, or any other way placed on or affixed to any wall, fence, sign, building, or any other structure, or any sidewalk, pavement, curb, post, stone, tree, or other public or private property without the prior written permission of the owner or occupant of the property, except as permitted by federal, state, or county statute, ordinance, or regulation.
   HAZARDOUS DILAPIDATED MOTOR VEHICLE.  Any motor vehicle with a substantial number of essential parts, as defined by Section 1-118 of The Illinois Vehicle Code, either damaged, removed, or altered or otherwise so treated that the vehicle is incapable of being driven under its own motor power or, which by its general state of deterioration, poses a threat to the public's health, safety, and welfare. ESSENTIAL PARTS includes the following, as defined by Section 1-118 of the Illinois Vehicle Code, vehicle hulks, shells, chassis, frames, front end assemblies, front clip, rear clip, doors, hatchbacks, fenders, cabs, cab clips, cowls, hoods, trunk lids, deck lids, T-Tops, sunroofs, moon roofs, astro roofs, transmissions of vehicles of the second division, seats, aluminum wheels, engines and similar parts. HAZARDOUS DILAPIDATED MOTOR VEHICLE shall not include any motor vehicle that has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations.
   HEALTH OFFICER. The Executive Director of the Lake County Health Department or a designated agent.
   INOPERABLE VEHICLE. Any motor vehicle from which, for a period of at least seven 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 power. Any motor vehicle that does not have a current license plate or current license tags attached to it shall also be considered an INOPERABLE VEHICLE. INOPERABLE MOTOR VEHICLE does not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations.
   JUNKAND DEBRIS. Includes but is not limited to garbage, tree branches, grass clippings, yard trimmings, leaves, paper, cardboard, cartons, boxes, barrels, wood, lumber, concrete, appliances, furniture, glass, bottles, crockery, tin cans, vehicle parts, boats, furniture, and any other manufactured or constructed object which has outlived its usefulness in its original form (notwithstanding the fact that the object may have scrap value or could be reconditioned with substantial repair) where such object, due to its present condition and/or visibility, may reasonably be construed to be unsightly, dangerous, or creating a condition that is detrimental or potentially detrimental to the health and/or safety of the inhabitants of Lake County, Illinois. As used herein, the phrase JUNK AND DEBRIS does not include inoperable vehicles.
   MOTOR VEHICLE. A vehicle which is propelled by a motor or engine, but is not operated upon rails.
   NON-CUSTOMARY OUTDOOR STORAGE. The accumulation of items in excess of what is reasonable and customarily necessary for the use of the property and/or which, by its placement and/or condition whether reusable or not has the potential to (1) cause, through visual blight or odor, impairment of the use or enjoyment of neighboring properties, (2) pose a risk to public health by creating conditions favorable for the harboring of vermin, (3) pose a risk of environmental contamination and/or (4) pose a risk to public safety. Such material accumulation may include, but is not limited to junk and debris; rubbish, garbage or refuse; vehicle parts; business supplies or inventory; construction materials not incidental to an active permitted construction project on-site; ground storage of construction materials for a permitted construction project tools, storage of yard maintenance equipment vehicles, vehicle parts, recreational equipment or lawn furniture in numbers or variety beyond customarily necessary for the use of the property; any item in a visible state of deterioration as reasonably evidenced by rust or other condition, abandoned, discarded, or unused objects or equipment, not customarily stored outside such as indoor furniture, stoves, refrigerators, freezers, washers/dryers or other appliances, electronic equipment, boxes and other containers; clothing; or any combinations thereof.
   OPEN BURNING. The combustion of any matter outdoors in such a way that the products of the combustion are emitted to the open air without first originating in or passing through equipment for which a permit has been issued by the Illinois Environmental Protection Agency.
   OWNER. Any person, agent, firm or corporation having any legal or equitable interest in the property. OWNER includes, but is not limited to:
      (1)   A mortgagee in possession in who is vested:
         (a)   All or part of the legal title to the property; and
         (b)   All or part of the beneficial ownership and the rights to the present use and enjoyment of the premises.
      (2)   An occupant who can control what occurs on the property.
   RECREATIONAL FIRE. An outdoor fire no larger than three feet by three feet by three feet which is used for warmth, cooking for human consumption and/or temporary non-ceremonial purposes where the fire does not contain leaves, grass or shrubbery clippings or cuttings, garbage, or junk and debris.
   SPECIFIED LANDSCAPE WASTE. All accumulations of shrubbery cuttings, leaves, or other materials accumulated as a result of care of real property.
   WEEDS. An undesirable composition of plants that interferes with the maintenance or management objectives for a given property or area of land.
(Ord. 12-0446, passed 5-8-2012; Ord. passed 9-9-2014; Ord. passed 2-10-2015; Ord. 16-0904, passed 10-11-2016)