(A) For the purpose of this subchapter the following terms, phrases, words and their derivations shall have the meaning given herein below. When not inconsistent with the context, words, used in the present tense include the future tense, words used in the plural number include the singular number and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
ABANDONED VEHICLE.
(a) Any vehicle which is left on any public or private property and in view of the general public for such time and under such circumstances as to appear that the owner has voluntarily relinquished all right, interest and possession with the intention of terminating his or her ownership, shall be considered an ABANDONED VEHICLE.
(b) Any vehicle which is upon private property and which has not been moved for a period of at least 15 days and is unlicensed by the state and the appropriate municipal authority, shall be considered an ABANDONED VEHICLE.
(c) No motor vehicle shall be considered abandoned if the owner has been granted permission by the city to store said vehicle on his or her own property, or if such motor vehicle is stored within a garage or building when not in use, or if the property owner can present proof that the vehicle is in operating condition and is licensed by the state and the appropriate municipal authority or that application for such license has been made within the time period allowed by the state and by the municipal authority.
AGENT. The authorized or acting representative of the owner or occupant of real property within the city.
AIRCRAFT. Any contrivance used or designated for navigation or for flight in the air. The word AIRCRAFT shall include helicopters and lighter than air dirigibles and balloons.
AUTHORIZED PRIVATE RECEPTACLE. A container as required and authorized by the ordinances of the city for the collection and storage of rubbish, waste, refuse or other matter.
CHRONIC NUISANCE PROPERTY. Any property upon which three or more public nuisance and/or nuisance activities or conditions, as defined in this subchapter or elsewhere in this code of ordinances, have occurred during any 120-day period as the result of three separate factual events that have been separately investigated by the city or any law enforcement agency. A property that is found to be a CHRONIC NUISANCE PROPERTY shall remain a CHRONIC NUISANCE PROPERTY until such time that the City Manager or the Manager’s designee certifies that the property has remained nuisance-free for 12 consecutive months.
CITY. The City of Lake Forest.
COMMERCIAL HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original copies of any matter or literature:
(a) Which advertises for sale any merchandise, product, commodity or things;
(b) Which directs attention to any business or mercantile or commercial establishment or other activity for the purchase of either directly or indirectly promoting the interests thereof by sales;
(c) Which directs attention to or advertises any meetings, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; provided, however, that the terms of this section shall not apply when no admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performances, exhibition or event of any kind when either or any of the same is held, given or takes place in connection with dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; and further provided, however, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any kind without a license where such a license is or may be required by any law of this state or under any ordinance of this city; or
(d) Which while containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
COMMERCIAL WASTE. All garbage, refuse, litter or rubbish from any commercial business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers, theaters and schools.
DEPRECIATION OF PROPERTY VALUE. Property maintained (in relation to surrounding property) so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein.
FIRE HAZARD. Dry or dead shrub, tree, combustible refuse and waste, or any material growing on a public street, public sidewalk or upon private property within the city which by reason of its size, manner of growth and location constitutes a fire hazard to a building, improvement, crop or other property, or when dry, will in reasonable probability constitute a FIRE HAZARD.
GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
INOPERABLE MOTOR VEHICLES. Any motor vehicle which, for a period of at least seven days, 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. INOPERABLE MOTOR VEHICLE shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own power in order to perform ordinary service or repair operations, nor to any motor vehicles that are kept within a building when not in use, or to a motor vehicle on the premises of a place of business engaged in wrecking or junking of motor vehicles.
LITTER. Garbage, refuse, waste and rubbish as defined herein and all other material which if thrown or deposited as herein prohibited tends or may tend to create a danger to public health, safety, welfare and property value. This term shall include such material whether it be on public or private property.
NEWSPAPER. Any newspaper of general circulation as defined by general law, and any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation and any newspaper filed and recorded with any recording officer as provided by general law; and in addition thereto shall mean and include any periodical or current magazine regularly published with not less than four issued per year and sold to the public.
NONCOMMERCIAL HANDBILL. Any printed or written matter, any sample, device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper or booklet or any other printed or otherwise produced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
NUISANCE. Any and all sources, conditions or situations causing danger, trouble, annoyance or inconvenience to others and which is detrimental to public health, safety, welfare or property value. A NUISANCE is one form of an offense.
OCCUPANT. Any person in possession or having the right to possession of real property within the city.
OWNER. Any person having any interest, legal, equitable, beneficial or otherwise, in real property within the city.
PARK. A park reservation, playground, beach, recreation center or any other public area in the city owned or used by the city and devoted to active or passive recreation.
PERSON. Any person, firm, partnership, association or corporation of any kind.
POLLUTED WATER. A swimming pool, pond or other body of water which is unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted; POLLUTED WATER means water contained in a swimming pool, pond or other body of water, which includes, but is not limited to, bacterial growth, including algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers and any other foreign matter or material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition.
PROPERTY. Any real property within the city which is not a street or highway.
PUBLIC PLACE. Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
REFUSE AND WASTE. Unused or discarded matter and material having no substantial market value, and which consists of such matter and material as: rubbish, refuse, debris and matter of any kind including, but not limited to, rubble, asphalt, concrete, plaster, title, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or non-ferrous, furniture, inoperative vehicles and parts, trimmings from plants, and trees, cans, bottles and barrels.
RUBBISH. Non-putrescible solid wastes consisting of both combustible and non-combustible wastes such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, tree stumps, tree limbs, dirt, wood, glass, bedding, crockery and all similar materials.
STREET or HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
VEHICLE. A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon.
(B) In the event that an offense is not specifically defined in this subchapter then the definitions of the offense as is found in the Illinois Criminal Code of 2012, being 720 ILCS 5, as it may from time to time be amended, is hereby adopted and incorporated as the definitions of such offense in this subchapter.
(Prior Code, § 49-1) (Ord. 1540, passed 9-3-1985; Ord. 01-18, passed 6-21-2001; Ord. 2016-55, passed 10-17-2016)