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§ 91.07 WEEDS.
   (A)   Declared a nuisance. Any weeds such as jimson, burdock, ragweed, thistle, cockleburr or other weeds of a like kind found growing in any lot or tract of land in the village are declared to be a nuisance, and it shall be unlawful to permit any such weeds to grow or remain in any such place.
   (B)   Height. It shall be unlawful for anyone to permit any weeds, grass or plants other than trees, bushes, flowers, edible food plants or other ornamental plants to grow to a height exceeding eight inches anywhere in the village; any such plants or weeds exceeding such height are declared to be a nuisance.
   (C)   Removal; notice. It shall be the duty of the Health Officer to serve, or cause to be served, a notice upon the owner and occupant of any premises on which weeds or plants are permitted to grow in violation of the provisions of this chapter and to demand the abatement of the nuisance within seven days.
   (D)   Abatement. If the person so served does not abate the nuisance within seven days, the Health Officer may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged and paid by the property’s owner, along with any penalty assessed, pursuant to §§ 51.10 through 51.12.
   (E)   Subsequent violations. For the second violation of this section within a calendar year, the Health Officer may proceed to abate the nuisance and penalties may be assessed beginning 72 hours after notice to the owner. For the third and all subsequent violations of this section within a calendar year, the Health Officer may proceed to abate the nuisance and penalties may be assessed beginning 24 hours after notice to the owner.
   (F)   Cutting of weeds on certain private premises.
      (1)   The Village Superintendent of Public Health is hereby authorized to cut the weeds on the land located at the northwest corner of Carman and Kimble Streets.
      (2)   The cost of cutting said weeds shall be recovered by filing a lien against said property as provided by law, and the Village Attorney is authorized to file such claim for lien.
(Prior Code, § 91.07) (Ord. 71-4, passed 10-11-1971; Ord. 08-01-02, passed 1-16-2008; Ord. 10-08-01, passed 8-24-2010; Ord. 10-09-02, passed 9-28-2010) Penalty, see § 91.99
§ 91.08 NUISANCES NOT ENUMERATED.
   Whoever shall create, permit or continue a nuisance of any kind or description, not herein otherwise specified, in, upon or about any private property or in any public place within the village which may affect the health, comfort or convenience of the persons residing or doing business in the vicinity thereof shall, upon conviction, be fined pursuant to § 91.99. All nuisances not defined by or provided for in this chapter, but which are known to be and provided for by the statutes of this state, are declared to be nuisances and may be proceeded against in the same manner as other nuisances under the provisions of this section.
(Prior Code, § 91.08) Penalty, see § 91.99
§ 91.09 SOUND DEVICE RESTRICTIONS.
   (A)   No person shall play, use, operate or permit to be played, used or operated any radio, tape recorder, cassette player or other device where receiving broadcast sound or reproducing recorded sound if the device is located:
      (1)   On the public way; or
      (2)   In any motor vehicle on the public way; and if the sound generated by the device is clearly audible to a person with normal hearing at a distance greater than 75 feet.
   (B)   The limitations of this section shall not apply to any person participating in a special event such as a carnival, fair or similar event.
(Prior Code, § 91.09) (Ord. 01-01-01, passed 2-12-2001; Ord. 01-02-01, passed 2-12-2001) Penalty, see § 91.99
§ 91.10 RESTRICTIONS ON OUTDOOR BURNING.
   (A)   The words LANDSCAPE WASTE, as used in this section, shall mean all accumulations of grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the care of lawns, gardens, shrubbery, vines and trees.
   (B)   No person shall burn trash, rubbish, papers or garbage, general household waste or commercial waste or construction or demolition debris within the corporate limits of the village. Only landscape waste may be burned, and it shall be unlawful to burn landscape waste, except in compliance with the regulations set forth in divisions (C), (D) and (E) below.
   (C)   (1)   Burning of landscape waste, by persons who are not burning landscape waste as an agent or employee of the village, is prohibited prior to 7:00 a.m. and after 7:00 p.m. Burning is permitted, subject to the restrictions of division (C)(2) below, only on Wednesday and Thursday of each week and the first and third Saturdays of each month. It shall be unlawful to burn landscape waste in any commercial zoning district within the village.
      (2)   Regardless of any statement to the contrary, burning of landscape waste is prohibited on the following holidays of each year: New Year’s Day, Fourth of July, Veterans Day, Halloween eve, Thanksgiving Day and Christmas Day.
   (D)   Agents and employees of the village are permitted to burn landscape waste on village property within the regular working hours of village employees but shall limit, if possible, the number of days that landscape waste will be burned.
   (E)   The following regulations govern the burning of all landscape waste within the village.
      (1)   Each fire must be completely extinguished during times when burning is prohibited.
      (2)   Burning of landscape waste is prohibited when wind air speed is 20 or more mph.
      (3)   Burning of landscape waste must be supervised, at all times, by a person at least 14 years of age.
      (4)   Persons burning landscape waste shall do so with due regard for the safety of people and property and shall take appropriate precautions to ensure that the fire is under control at all times.
      (5)   Burning of landscape waste which has a moisture content that will not allow for an open and visible flame is prohibited.
      (6)   Burning of landscape waste which has been chemically treated or which produces noxious odors is prohibited.
      (7)   Burning or dumping of landscape waste upon or within two feet of the paved portion of any street, sidewalk, alley or other public property is prohibited.
      (8)   Burning of landscape waste permitting excessive smoke, thereby creating a visibility hazard, including, but not limited to, a hazard on any street, sidewalk or alley, is prohibited.
      (9)   Landscape waste shall not be brought into the village to be burned, nor shall such waste be moved from one site to another within the village, except for cooperative fires between or among adjacent neighbors.
      (10)   The person or persons starting or supervising a landscape waste fire shall have ready access to a garden hose or other water supply or have ready access to other tools or equipment for use in extinguishing such fire.
   (F)   No person shall keep or maintain a burn barrel or any other receptacle for use in burning and no person shall burn landscape waste in a burn barrel or other such receptacle.
   (G)   The Village Police Department is charged with the responsibility of monitoring and enforcing this section. A police officer may order a fire extinguished if that officer believes the fire violates any of the regulations set forth above.
(Prior Code, § 91.10) (Ord. 93-10-02, passed 10-11-1993; Ord. 96-12-01, passed 12-9-1996; Ord. 97-04-01, passed 4-29-1997; Ord. 02-12-01, passed 12-9-2002; Ord. 08-08-03, passed 8-19-2008) Penalty, see § 91.99
Cross-reference:
   Burning combustible material regulated, see § 51.07
§ 91.11 DUMPING OF LEAVES, YARD WASTES, WHITE GOODS AND THE LIKE.
   (A)   No person shall bring leaves, yard wastes or other landscape wastes from any location outside the village to any location within the village for disposal or for any other purpose, except that fully-composted leaves, yard wastes or other landscape wastes may be brought to any location within the village for use for soil enhancement or enrichment.
   (B)   No person shall bring stoves, refrigerators, washers, dryers, water heaters, furnaces or other appliances, or any other large appliance, characterized as “white goods” under § 22.28 of the Illinois Environmental Protection Act, being 415 ILCS 5/22.28, from any location outside the village to any location within the village, for the purpose of disposal of such appliance, particularly in anticipation of or in conjunction with any formal village clean-up activity.
   (C)   The corporate authorities may structure any formal village clean-up activity so that the costs of waste disposal at the disposal site, or the labor and equipment costs, or both, are paid by, or passed through to each resident from whom wastes, including landscape wastes and white goods, are collected for disposal.
(Ord. 93-04-01, passed 4-12-1993) Penalty, see § 91.99
§ 91.99 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
   (B)   The keeping of such animals as prohibited in § 91.02(A) is declared to be a nuisance, and any owner or keeper who fails to abate such nuisance, after receiving notice from the village, shall be subject to a fine of not less than $200, nor more than $500 per violation, with each day upon which a violation occurs or continues to be considered a separate violation.
   (C)   Any person who violates § 91.09 shall be subject to a fine of not less than $75 for a first offense, and not more than $150 for each violation; provided that for the second conviction of any violation of this section within one calendar year, the mandatory minimum fine shall be $125. Each day during which a violation continues during the specified time for correction shall constitute a separate punishable offense.
   (D)   A first offense of § 91.10 shall be punished only by issuance of a written warning. Any second or subsequent violation of the same or other provision of § 91.10 shall be punishable by a fine of not less than $25, nor more than $750. Any other violation of the same provision or another provision shall constitute and be punishable as a separate offense. In addition, the village may, in its discretion, seek any other available legal or equitable remedy to restrain or enjoin violations of this section.
   (E)   Any violation of any provision of § 91.11 shall be punishable by a fine of not less than $25, nor more than $500. Any other violation of the same provision or another provision, by any person after having been given verbal or written notice of violation, shall constitute and be punishable as a separate offense.
(Prior Code, § 91.99) (Ord. 93-04-01, passed 4-12-1993; Ord. 93-05-02, passed 5-10-1993; Ord. 96-12-01, passed 12-9-1996; Ord. 97-04-01, passed 4-29-1997; Ord. 01-01-01, passed 2-12-2001; Ord. 01-02-01, passed 2-12-2001; Ord. 02-12-01, passed 12-9-2002; Ord. 08-08-03, passed 8-19-2008)