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In addition to the nuisances defined elsewhere in this code, each of the following acts or omissions is declared to constitute a public nuisance:
A. Offensive Smells: To so conduct any business or use any premises as to create an offensive smell which taints the air or renders it unwholesome or disagreeable to the neighborhood.
B. Animal Carcasses: To cause or permit the carcass of any dead animal or offal, filth or any noisome substance of any kind to be deposited or to remain in any place in the village, to the annoyance or prejudice of others.
C. Offensive Substances: To throw or deposit any night soil, dead animal, offal or other offensive or noisome substance upon any lot, street, alley, park or other public place or in any watercourse, pond, spring or well in the village.
D. Polluting Drinking Water: To pollute or render unwholesome or impure the water of any drinking hydrant, spring, stream, pond or lake, to the annoyance or prejudice of others.
E. Obstructing Highways: To obstruct or encroach upon public highways, private ways, streets, alleys or public places of the village.
F. Garbage Or Refuse On Premises: To permit garbage, offal, refuse, ashes, miscellaneous waste or any animal or vegetable matter which is likely to become offensive or injurious to health or to be blown about by the wind to remain, for a longer period than twenty four (24) hours at any one time, on any premises in the village.
G. Premises In Filthy Condition: To keep or permit to be kept in a foul, nauseous or filthy condition any chicken house, stable, cellar, vault, drain, pool, sewer, privy, sink, railroad car, building, yard, grounds or premises within the village.
H. Cattle Cars Or Pens: To own, keep or maintain any railroad car, yard, pen, place or premises in the village in or upon which cattle, horses, sheep or swine shall be confined in a nauseous or filthy condition, so as to be offensive to those residing in the vicinity or to the public.
I. Offensive Business: To erect, maintain or use any building or other place for a packinghouse, rendery, tallow chandlery, glue factory, tannery or, without limitation to the foregoing, for any trade, employment or manufacture which by occasioning noxious exhalations or otherwise, is offensive and dangerous to the health of individuals or the public. (1978 Code § 4-1-1)
J. Privies: To erect or maintain any privy upon any real estate in the village abutting on or within four hundred feet (400') of any street on which is located a public sanitary sewer, except where specially permitted by the director of municipal services for temporary use.
K. Basements; Vaults; Drains: To cause or permit any basement, cellar, vault, drain, sewer or sink to become nauseous, foul, offensive or injurious to the public health.
L. Slaughtering: To kill or slaughter within the village any cattle, hogs, sheep or other animals except poultry or maintain or operate any establishment where the business of slaughtering such animals is carried on.
M. Overflowing Waste: To throw or deposit any slops, suds, swill or other nauseous or offensive liquid substance on any premises in such manner that the same will run or be washed upon the adjoining premises, street or alley. (1978 Code § 4-1-1)
N. Poultry: To keep or harbor any chickens, ducks, geese or other poultry, or any pigeons, in any enclosure located within seventy five feet (75') (or, if cock fowl, within 300 feet) of any building used as a residence by any person other than the owner of said animals or to maintain any poultry yard with less than two hundred (200) square feet for each fowl, or to keep it in an insanitary condition, or to permit any poultry to run at large in the village; exception to the above regulation: chickens and outdoor chicken shelters that are allowed pursuant to a village temporary use permit issued under subsection 10-4-5D8 of the development control ordinance, provided that the chickens and shelter are maintained in accordance with the regulations of subsection 10-4-5D8 of the development control ordinance and all other applicable health and sanitary regulations of this code.
O. Smoke; Abatement: To cause or permit the emission of dense smoke, within the village, from the smokestack of any locomotive or from the smokestack or chimney of any building or premises, excepting for a period of six (6) minutes in any one hour during which the firebox is being cleaned out or a new fire is being built therein, during which period or periods aggregating six (6) minutes in any one hour, the emission of smoke of a shade or density greater than number three of the Ringelmann chart, as published by the United States bureau of mines, is prohibited. Such action may be summarily abated by the director of law enforcement services or anyone whom he may authorize for such purpose. Such abatement may be in addition to the fine provided for by section 1-4-1 of this code. (1978 Code § 4-1-1)
P. Combustible Materials Near Buildings: To pile or stack hay, straw or other combustible or inflammable material within the space of fifty feet (50') of any building within the village. Provided, however, that this shall not apply to temporary piling of materials to be used for building purposes. (1978 Code § 4-1-1)
Q. Distribution Of Handbills In Public Places: To distribute to the public any cards, circulars, handbills, notices, samples of merchandise, or any advertising matter whatsoever on any public street or sidewalk or other public place in the village, including public parking lots, unless distributed directly to any person willing to accept it, and to place or affix circulars, handbills, notices, samples of merchandise, or any other advertising material whatsoever on the windows, windshields or other portions of any vehicles parked on public streets or in public parking lots, unless distributed to any occupant of such vehicle who is willing to accept it. It shall also be a nuisance for a person to distribute to the public any cards, circulars, handbills, notices, samples of merchandise, or any advertising matter in private parking lots by placing or affixing such items on the windows, windshields or other portions of any vehicles parked in a private parking lot without the parking lot owner's consent. Provided, however, that this shall not apply to police enforcement officers or other village officials affixing code violations or tickets or any public safety or educational notices on any automobiles parked on public streets or in public parking lots.
R. Visual Blight: To cause, create or allow to exist any unreasonable or unlawful condition or use of real property, premises or of building exteriors which by reason of its appearance as viewed at ground level from the public right of way or from neighboring premises, is offensive to the senses, reduces the aesthetic appearance of the neighborhood, or is detrimental to the value of nearby properties in the neighborhood. This section is intended to apply to all violations of the building regulations and property maintenance regulations set forth in this code, as amended, including, but not limited to, the maintenance of the exterior of any structures and buildings and compliance with the applicable regulations pertaining to windows of any vacant buildings. Visual blight includes, but is not limited to, the keeping, storing, depositing, scattering over or accumulation on the premises any of the following:
1. Lumber, junk, trash, debris, scrap metal, rubbish, packing materials, and building materials.
2. Abandoned, discarded or unused objects or equipment such as furniture, stoves, appliances, refrigerators, freezers, cans or containers, automotive parts and equipment.
3. Abandoned, inoperable, unregistered, hazardous, wrecked, discarded or unlawful vehicles, as defined in title 7 (Motor Vehicles And Traffic), chapter 9 (Abandoned, Inoperable, Unregistered, Hazardous And Unlawful Vehicles) of this code, as amended.
4. Stagnant water or excavations.
5. Any personal property, object, device, decoration, design, fence, structure, clothesline, landscaping or vegetation which is unsightly by reason of its condition or its inappropriate location.
S. Rules Of Conduct For Village Buildings And Village Land Are Incorporated By Reference: Each of the rules of conduct for village buildings and village land set forth at section 6-7-1 of this code are incorporated by reference as separate enumerated nuisances under this section by the village. Any and all violations of the rules shall be considered violations of this chapter, and each such violation shall subject the violator thereof to the penalty provisions under this chapter if proceeded hereunder.
T. Removal Of Dead Or Diseased Trees: See section 5-5-7, "Dutch Elm Disease And Emerald Ash Borer", of this title.
U. Illicit Stormwater Discharge: To place, drain, or otherwise discharge, cause, or allow others under their control to place, drain, or otherwise discharge into the storm drainage system or MS4 any pollutants or waters containing any pollutants, other than normal stormwater as set forth in section 8-14-9 (Prohibition Of Illicit Discharges) of this code or to construct, use, maintain, or allow the continued existence of illicit connections to the storm drainage system or MS4 as set forth in section 8-14-10 (Prohibition Of Illicit Connections) or section 8-14-11 (Drains And Connections, Restrictions) of this code.
V. Feeding of wild/feral animals or birds: Subject to compliance with the applicable provisions of any federal, state or local law or regulation, including but not limited to the Cook County Managed Care of Feral Cats Ordinance, no person shall conduct any activity or create any condition on property under such person's control, including but not limited to the feeding of wild or feral animals or birds, if such activity or condition attracts wild animals, birds or insects, in a manner or in sufficiently large numbers as to cause unreasonable damage to other property or a hazard to public health.
(amd. 1997 Code; Ord. 07-2438, 3-27-2007; Ord. 07-2439, 4-23-2007; Ord. 12-2666, 3-23-2012; Ord. 12-2697, 11-5-2012; Ord. 15-2803, 5-18-2015; Ord. 20-3011, 7-27-2020; Ord. 20-3017, 10-26-2020)