§ 94.05 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but the enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of § 94.02 of this chapter.
   (A)   All buildings erected, repaired or altered in violation of the provisions of this code relating to materials and manner of construction of buildings and structures.
   (B)   All unauthorized signs, signals, markings or devices which purport to be or may be mistaken as official traffic control devices placed or maintained upon or in view of any public highway or railway crossing.
   (C)   All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.
   (D)   All limbs of trees which project over a public sidewalk less than 8 feet above the surface thereof or less than 10 feet above the surface of a public street.
   (E)   All dangerous trees or trees infected with Dutch elm disease.
   (F)   All use or display of fireworks except as provided by state laws and this code.
   (G)   All buildings, parts thereof or any other structures or parts thereof that are so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.
   (H)   All wires over streets or public grounds which are strung less than 15 feet above the surface of the street or ground.
   (I)   All loud and discordant noises or vibrations of any kind.
      (1)   It shall be unlawful for any person within the village to make, continue, or cause to be made or continued, any loud, unnecessary or unusual noise which either annoys, disturbs, injures, or endangers the comfort, repose, convenience, health, peace, or safety of others, within the limits of the village.
      (2)   The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive, namely:
         (a)   Horns, Signaling Devices, Etc. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the village, except as a danger warning, the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for unnecessary and unreasonable period of time; the use of any horn, whistle, or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
         (b)   Radios, Phonographs. The playing, using, operating, or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, television receiving set, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of neighboring inhabitants, or with louder volume than is necessary for the convenient hearing for the person or persons who are in the room, chamber, vehicle, or outdoor area, within the village limits, in which or where such machine or device is played, used or operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine, or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of 50 feet from the location of such set, instrument, or device shall be prima facie evidence of a violation of this section.
         (c)   Loudspeakers, Amplifiers For Advertising, Etc. The playing, using, operating, or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets of the village for the purpose of commercial advertising or of attracting the attention of the public to any building or structure, except when a permit has been first procured from the village.
         (d)   Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling, or singing on the public streets of the village, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the peace, quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of persons in the vicinity, within the limits of the village.
         (e)   Animals, Birds, Etc. The keeping of any animal or bird shut up or tied up in any yard, enclosure, stable, house or other place within the village which, by barking, howling, crying, singing, or causing frequent or long continued noise, shall disturb the comfort or repose of persons in the vicinity.
         (f)   Engine Exhausts. The discharge into the open air within the village of exhaust of any steam engine, gasoline engine, stationary internal combustion engine, or other engine, or other kind or type of engine, motorboat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
         (g)   Defect In Vehicle Or Load. The use within the village of any wagon, cart, automobile, truck, motorcycle, or other vehicle so out of repair or loaded in such manner or with material of such nature as to create loud and unnecessary grating, grinding, rattling, or other noises.
         (h)   Loading, Unloading, Opening Boxes, Etc. The creation within the village of loud and excessive noise in connection with loading or unloading of any vehicle, or the opening or destruction of bales, boxes, crates, containers or the like, without exercising reasonable care to limit such noise and to confine the same.
         (i)   Construction, Repairing, Etc., Of Buildings And Streets. Any activity in the construction of any building or structure including excavating, demolition, alteration, or repair, or the laying of pavement, including, but not limited to, the making of an excavation, clearing of surface land, and loading or unloading material, equipment or supplies, anywhere in the village except between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, other than Saturday, and except between the hours of 7:30 a.m. and 5:00 p.m. on Saturday and between the hours of 10:00 a.m. and 5:00 p.m. on Sunday; provided that this section shall not be construed to apply to any person doing work on premises owned by him and not for compensation. Nothing in this section shall be construed to prevent any work necessary to prevent injury to persons or property at any time.
         (j)   Schools, Courts, Churches And Hospitals. The creation within the village of any excessive noise in the vicinity of any school, institution of learning, church, court or hospital, while the same is in use, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in the vicinity of any such buildings indicating that the same is a school, hospital, court or church.
         (k)   Hawkers, Peddlers, Etc. The shouting and crying within the village of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
         (l)   Drums, Etc. The use within the village of any drum or other instrument or device for the purpose of attracting attention by the creation of noise, to any place of business or entertainment or place of public assembly.
         (m)   Factories, Machinery, Etc. The operation within the village of any factory within 200 feet of any residence wherein are used machinery or other apparatus which cause loud or unusual noises, without exercising reasonable care to limit such noise and to confine the same.
         (n)   Pile Drivers, Hammers, Etc. The operation within the village between the hours of 9:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other appliance, the use of which is attended by loud or unusual noises.
         (o)   Blowers, Etc. The operation within the village of any noise creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device to deaden such noise.
   (J)   All obstructions of streets, sidewalks or crosswalks and all excavations in or under the same, except as permitted by this code or which, although made in accordance with this code, are kept or maintained for an unreasonable length of time after the purpose thereof has been accomplished.
   (K)   All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street or sidewalk, except when under construction pursuant to a valid building permit issued by the village.
   (L)   Any motor vehicle as defined in 625 Illinois Compiled Statutes which is parked or stored on other than a paved or gravel driveway, street or parking lot within the village; except as allowed pursuant to other village ordinances. For purposes of this chapter, a driveway shall be no more than 28 feet in width.
   (M)   Any unauthorized or unlawful use of property abutting on a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
   (N)   Any advertisements or signs affixed to any buildings, wall, fence, sidewalk, street or other private or public property without permission of the owner thereof.
   (O)   Any sign, marquee or awning which is in an unsafe condition, which overhangs any roadway or which overhangs any sidewalk less than 8 feet above the sidewalk surface.
   (P)   Any structure, material or condition which constitutes a fire hazard or will impair the extinguishing of any fire.
   (Q)   Any nuisance so defined by Illinois Compiled Statutes.
(Ord. 84-8-559, passed 8-27-1984; Am. Ord. 88-2-672, passed 2-22-1988; Am. Ord. 89-9-716, passed 9-25-1989)