The following are hereby declared to be nuisances and subject to abatement as provided in this section:
(A) Graffiti. Any wall or exposed surface marked with graffiti as defined herein shall constitute a public nuisance. The owner of real or personal property marked with graffiti shall completely remove or permanently cover any and all graffiti placed on such real or personal property within seven days of the date the graffiti was placed upon the property. As used in this section, graffiti shall mean any drawing, inscription, writing, figure, or mark made upon a wall or other exposed surface, including but not limited to, any house, garage, rock, bridge, fence, gate, tree, monument, motor vehicle, sidewalk, street, lamppost, street sign, underpass, or retaining wall, whether publicly or privately owned with paint, chalk, dye, ink, pencil, wax or other similar substance or by etching, scratching, cutting, burning, or carving without the express consent of the owner of said wall or other exposed surface.
(B) Standing water as public nuisance. All stagnant water in which mosquitoes can multiply is hereby declared to be a public nuisance. All items containing stagnant water which can serve as a breeding ground for mosquitoes are hereby declared to be a public nuisance. This includes, but is not limited to, bottles, cans, buckets, swimming pools, clogged gutters, or any other places containing stagnant water. The outdoor storage of tires for more than seven consecutive days is declared to be a public nuisance. The foregoing declarations of public nuisances shall not apply to ditches, drainage ways, detention basins, lakes, streams, and natural land formations where water may collect.
(C) Prohibited plants. It shall be unlawful for any owner, occupant, or person in control of any lot, place, or area within the Village of Wapella, or the agent of such owner or person in control of any lot, place, or area to permit the growth of any noxious weeds or to permit the growth of turf grass to a height exceeding eight inches. Such growth is hereby declared to be detrimental to public health, safety, and general welfare and to be a nuisance. "Lot, place, or area" includes all the lots, places, or areas, controlled by the above designated persons or agents, and the public road right-of-way adjacent to the property line of such lot, place, or area, commonly referred to as the ditch or parkway. It shall be the duty of any person owning or controlling a lot, place, or area, within the Village of Wapella to abate the growth of any noxious weeds and turf grass exceeding eight inches on such lot, place or area, including such noxious weeds and turf grass located in the public road right-of-way adjacent to such person's lot, place, or area.
(1) Noxious weeds means any plant now or hereafter listed by the State of Illinois as a noxious weed pursuant to the Illinois Noxious Weed Act, 505 ILCS 100/1 et seq., any plant now or hereafter listed as an exotic weed by the Illinois Exotic Weed Act, 525 ILCS 10/1 et seq., and poison ivy (Toxicodendron Radicans), poison oak (Toxicodendron Quericofolium), and poison sumac (Toxicodendron Vernix).
(2) Turf grass means any grass except grasses being grown for food or agricultural purposes and ornamental grasses which are intentionally, occasionally, and sporadically planted as part of a landscape design. Grass shall not be grown within the ditch or parkway for agricultural or food purposes.
(D) Garbage, rubbish, ashes, bulk wastes, brush, construction and demolition wastes, fill, excavation dirt, and other wastes. The presence upon land within the corporate limits of the Village of Wapella of accumulated garbage, rubbish, ashes, bulky wastes, brush, construction and demolition wastes, fill, and excavation dirt mounded above the natural terrain, and other similar wastes, is hereby declared to be detrimental to the public health, safety, and general welfare and is declared to be a nuisance. The presence of brush, construction and demolition waste, fill, and excavation dirt mounded above the natural terrain shall not constitute a nuisance if it is located on property of a business licensed by the village and such material is stored in compliance with applicable law.
(E) Neglected weeds, grass, trees, and bushes as all defined by the Illinois Municipal Code, 65 ILCS 5/11-20-7.
(F) Pests as defined by the Illinois Municipal Code, 65 ILCS 5/11-20-8.
(G) Infected trees as defined by the Illinois Municipal Code, 65 ILCS 5/11-20-12.
(H) Garbage, debris, and graffiti as defined by the Illinois Municipal Code, 65 ILCS 5/11-20-13.
(I) Barnyard animals. It shall be unlawful to use any premises in the village, for the keeping, harboring, raising, feeding, or grazing, of barnyard animals as defined herein. Barnyard animal means any domestic animal including but not limited to cows, swine, goats, sheep, horses, donkeys, mules, and any other animal traditionally raised on a farm excluding however poultry as defined in the village zoning code and excluding cats, and dogs.
(Ord. 2020-10-20B, passed 10-20-2020; Ord. 2022-12-21B, passed 12-21-2022; Ord. 2023-10-25B, passed 10-25-2023) Penalty, see § 92.99