652.01  SPECIFIC NUISANCES ENUMERATED.
   Conditions or actions declared to be nuisances in the Village include, but are not necessarily limited to, the following:
   (a)   Violations of Technical Codes and Ordinances.  To violate or fail to comply with the Building and Housing Code or the Zoning Code, or to permit the condition of any premises declared by the Mayor to be a nuisance;
   (b)   Peace Disturbances. To disturb the public peace, as follows:
      (1)   For a person owning or in possession, charge or control of any building or premises, to use the same, or permit the use of the same, or rent the same to be used, for any business or employment, or for any purpose of pleasure or recreation, if such use, from its noise or boisterous nature, disturbs or destroys the peace of the neighborhood in which such building or premises is situated, or is dangerous or detrimental to health;
(Adopting Ordinance)
      (2)   To conduct commercial building operations during weekdays between the hours of 8:00 p.m. or sunset (whichever is earlier) and 7:00 a.m. on the day following; and between the hours of 5:00 p.m. Saturday and 7:00 a.m. on Monday or on Memorial Day, Labor Day, New Years Day, Christmas Day, Independence Day or Thanksgiving Day.
      (3)   To operate heavy equipment or other apparatus, including, but not limited to, mechanically powered tools (i.e. power saws, drills, hammers, sanders or grinders), all of which are attended with loud and disturbing noises between the hours of 8:00 p.m. or sunset (whichever is earlier) and 7:00 a.m. on the day following and between the hours of 5:00 p.m. on Saturday and 7:00 a.m. on Monday or on Memorial Day, Labor Day, New Years Day, Christmas Day, Independence Day or Thanksgiving Day.
      (4)   Property owners and their immediate families shall be exempt from the provisions of paragraphs (b)(2) and (3) hereof, except that no property owner doing his or her own building, electrical or plumbing work, or performing any part of building construction, shall operate or permit to be operated and heavy equipment or apparatus or any mechanically-powered hand tool, power saw, drills, hammer, sanders, grinders or similar powered tools in residential areas between the hours of 9:00 p.m. and 7:00 a.m. of the following day of weekdays and before 10:00 a.m. or after 6:00 p.m. on Sunday, so as to cause a disturbance across a residential real property line.  Sunday hours shall be in effect on all holidays as defined in paragraphs (b)(2) and (3) hereof.
      (5)   No heavy construction equipment shall be used or operated after 6:00 p.m. of any evening on days when such use or operation is otherwise permitted.
      (6)   No roads shall be blocked by anyone doing construction work prior to 8:00 a.m. on days when construction work is otherwise permitted.
      (7)   Necessary construction work or repairs are authorized in the case of a bonafide emergency to prevent damage to the building or to insure the safety of occupants therein.  A variance from the provisions of this subsection may be authorized by the Building Department under emergency conditions where the granting of the variance will not adversely affect the health, safety or welfare of the surrounding residents.
(Ord. 1993-37.  Passed 9-13-93.)
   (c)   Use of Building for Offensive Business.  To erect, continue or use any building or other place for the exercise of any trade, employment or manufacture in the Village which, by occasioning noxious exhalations, offensive smells or otherwise, is offensive or dangerous to the health of individuals or the public;
   (d)   Smoke. To permit any dense smoke to come or be emitted from any fire, chimney, engine, oil burner or other agency in the Village;
   (e)   Offensive Smells. To negligently conduct any business or use any premises so as to create an offensive smell that may taint the air and render it unwholesome or disagreeable in the neighborhood;
   (f)   Offensive Animal Pens. To own, use or keep any yard, pen, place, railroad car or premises, in or upon which cattle or other animals are confined or kept, so as to be offensive to those residing in the vicinity or an annoyance to others;
   (g)   Slaughtering. To slaughter or kill any bovine, hog, sheep, horse, fowl or other animal, or to keep, maintain or use in the Village any house or place in which the business of slaughtering any of such animals may be carried on;
   (h)   Failure to Remove Waste. To cause or suffer the carcass of any animal or vegetable matter, slops, swill, suds, garbage, filth, stable drippings or offal or noisome substance of any kind to be collected or deposited or to remain in any place in the Village to the prejudice of others;
   (i)   Pollution of Water. To corrupt, render unwholesome or injure the water of any drinking hydrant, spring, stream, pond or lake to the injury and prejudice of others;
   (j)   Dumping Polluted Water. To cause any water which contains any soap, detergent, washing compound, solvent or effluent from any sewage treatment system to be dumped into any ditch, gutter, ravine or watercourse;
   (k)   Obstruction of Watercourses; Stagnation of Water. To obstruct any watercourse, ravine or gutter, or to cause water to stagnate therein, or to permit foul or stagnant water to stand upon any premises to the prejudice of others;
   (l)   Deposit of Offal in Watercourse. To throw or deposit, or cause to be thrown or deposited, any offal or other offensive matter, or the carcass of any animal, into any watercourse, pond, spring or well in the Village;
   (m)   Unsightly Yards and Premises. To permit, maintain or cause an unsightly yard or premises, where there is an accumulation or deposit of vehicles, equipment, material of any nature, waste or earth;
   (n)   Accumulation of Junk. To cause or suffer debris, junk, etc., to be collected or deposited or to remain on the premises in such quantities and in such condition as to increase breeding of, and refuse for, rodents, vermin or any other undesirable nuisance;
   (o)   Premises in Filthy Condition. For a person to keep or suffer to be kept in a foul, offensive, nauseating or filthy condition, any chicken coop, cow house, stable, cellar, vault, drain, privy, sewer, septic or other sewage disposal system or sink upon any premises belonging to or occupied by such person, or any railroad car, building, yard, grounds or premises belonging to or occupied by him or her;
   (p)   Accumulation of Vegetation. To cause or suffer grass, leaves, underbrush or other combustible matter to be collected or deposited or to remain on the premises in such quantities and in such condition as to materially increase the danger to the property of others from forest or other fires;
   (q)   Placing of Garbage Cans. To cause or suffer garbage cans or containers to remain on parkways, walks, driveways or front yards;
   (r)   Dumping. To deposit or dump, anywhere within the Village or within one mile of the Municipal limits, any nightsoil, refuse, garbage, offal or other material or liquid which emits or may emit nauseating odors or fumes or which attracts or may attract rodents, vermin or insects known to carry or transmit disease or known to impair or endanger the health of the inhabitants of the community;
   (s)   Privies. To erect or maintain a privy in the Village, except as otherwise permitted and regulated;
   (t)   Obstruction of Streets. To obstruct or encroach upon public highways, private ways, streets, alleys or commons;
   (u)   Common Law and State Nuisances. To commit an offense which is a nuisance according to the common law of the land or the statutes of the State;
   (v)   Littering. For a person to dump, deposit, drop, throw, discard or leave, or cause or permit the dumping, depositing, dropping, throwing, discarding or leaving, of litter upon any public or private property, not owned by the person, in the Village, or upon or into any river, lake, pond, stream or other body of water in the Village, unless
      (1)   The litter is placed into a receptacle or other container intended by the owner or person in lawful possession of that property for the deposit of litter;
      (2)   The person is acting under the direction of proper public officials during special clean-up days; or
      (3)   The person is lawfully reacting to an emergency situation where health and safety are threatened;
   (w)   Deteriorating Property. To allow any building or structure, or the condition of one's property, to deteriorate to such a state that it becomes a potential hazard which could endanger the person or property of another or become the breeding ground or habitat of dangerous, unpleasant, unclean or disease-ridden animals, vermin or other pests;
   (x)   Obstruction of Sewers. To stop or obstruct the passage of water In any street or public ditch, public sewer, culvert, water pipe, hydrant or drain laid or placed in the Village;
   (y)   Open Excavations. To leave open a cellar door, vault, well, cistern, excavation or other similar hole without securing or protecting the same so as to prevent persons or animals from falling therein;
   (z)   Chicken Coops. To fail to construct or maintain any chicken coop, as defined in Section 1260.08(23a) of this Code, in compliance with Section 1286.06(e) of this Code, or fail to maintain any chicken coop in compliance with the following guidelines:
      (1)   No more than five chickens shall be allowed on a lot of less than one acre in size.
      (2)   For lots that are one acre or more in size, one chicken shall be allowed for every one-tenth acre (ten chickens per acre); provided, however, not more than twenty-five chickens shall be allowed, regardless of the size of the lot.
      (3)   No more than one rooster shall be allowed on a lot of five acres or more.  All roosters must be confined inside the coop between the hours of 6:00p.m. and 9:00a.m.
      (4)   All feed for chickens and/or roosters shall be kept in rodent-proof containers.
      (5)   All chickens and/or roosters kept in the Village shall be kept in a pen, coop, or building which shall be maintained in such a manner so as to protect them from predators and trespassers.
      (6)   All pens, coops, buildings, yards, or enclosures for chickens and/or roosters shall be kept clean, sanitary, and free from all refuse. Such areas shall be thoroughly cleaned at least once every seven days and all refuse shall be disposed of in a clean and sanitary fashion.
      (7)   In the event that the owner of property, upon which chickens and/or roosters are being kept as of the effective date of this subsection (September 22, 2014), certifies to the Village the number of chickens and/or roosters so being kept, and the Village staff verifies same, said owner shall be allowed to keep chickens and roosters on the property, in the numbers so certified and verified, notwithstanding the provisions of subsections (1), (2), and (3) above.
      (8)   Where a special use has been granted for farming then the provisions of subsections (1), (2), and (3) above shall not apply; and
   (aa)   Animal Fights and Contests Prohibited.  No person shall promote, stage, hold, manage, conduct, or carry on any animal fight, or train any animal for the purpose of an animal fight or any other type of contest, game, or fight of a similar nature, nor any simulated version of same that involves baiting or inciting an animal to fight.
(Ord. 2014-21.  Passed 9-22-14.)