The following acts, conduct and conditions are hereby declared and defined to be nuisances, and when committed, performed and/or permitted to exist by any person within the territorial limits of the Village, are hereby declared to be unlawful and prohibited:
A. Common Law Nuisances: Any act or offense which is a nuisance according to the common law of the State of Illinois, or declared or defined to be a nuisance by the ordinances of the Village or of the statutes of the State of Illinois. In addition, the officials of the Municipality shall be authorized to abate any nuisance which, while not specifically defined within this Chapter, shall constitute the unreasonable, unwarrantable or unlawful use by a person or property, real or personal, or from his own improper, indecent or unlawful personal conduct which works in obstruction or injury to a right of another or of the public and produces such material annoyance, inconvenience, discomfort or hurt that the law will presume an actionable nuisance. Nuisances may be abated which are public or which are both public and private in nature.
B. General Conditions:
1. Any thing, act, occupation or use of property, premises, equipment or structure adversely affecting the health, welfare and safety of individuals or of the public.
2. Any act or omission, occupation and use of property, equipment or structure which shall in any way threaten the life or the use of property of individuals or of the public.
C. Dangerous, Unhealthful Buildings: 1
1. All buildings, walls and other structures which have been damaged or neglected by fire, decay or otherwise so as to constitute a menace to the health, welfare or safety of individuals or of the public.
2. To own, maintain or keep a dwelling unit unfit for human habitation or dangerous or detrimental to life, safety or health because of lack of repair, defects in the plumbing system, lighting or ventilation, the existence of contagious diseases or unsanitary conditions likely to cause sickness among persons residing in said premises, or residing in proximity thereof.
D. Animal Carcasses; Offal: 2
1. To cause or suffer the carcass of any animal, or any offal, filth or noisome substance to be collected, deposited or to remain in any place under this ownership or control to the injury of others.
2. To throw or deposit any offal or any other offensive matter or the carcass of any dead animal in any watercourse, lake, pond, spring, well or common sewer, street or public highway.
E. Water Pollution: To corrupt or render unwholesome or impure the water of any well, spring, river, stream, pond or lake to the injury or prejudice of others.
F. Obstructing Public Ways: To obstruct or encroach upon public highways, private ways, streets, alleys, commons and landing places and ways to burying places.
G. Offensive Businesses: 3 To erect, to continue or use any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, offensive smells or otherwise is offensive or dangerous to the health of individuals or of the public.
H. Advertisements on Public or Private Property: To advertise wares or occupations by painting notices of the same on or affixing them to fences, walls, windows, building exteriors, utility poles, or on hydrants, other public or private property, or on rocks or other natural objects, without the consent of the owner, or if in the highway right of way or other public place, the permission of the Village authorities.
I. Harassment Regarding Real Estate Transactions: To harass, intimidate or threaten any person who is about to sell or lease or has sold or leased a residence or other real property, or is about to buy or lease or has bought or leased a residence or other real property, when the harassment, intimidation or threat relates to a person's attempt to sell, buy or lease a residence or other real property or refers to a person's sale, purchase or lease of a residence or other real property.
J. Unlawful Garbage and Refuse Deposits: 4
1. Public Property: To dump, abandon, deposit, dismantle or burn upon any public property or right of way, highway, park, street or parkway anywhere in the Village any trash, garbage, ashes, junk, junked or wrecked automobiles or parts thereof or miscellaneous waste.
2. Private Property: To dump, deposit or place any garbage, rubbage, trash or refuse upon real property owned by another without the consent of the owner or person in possession of such real property.
K. Open Junk Storage: To store, keep or maintain outside of a closed building, any junk, parts, machinery or equipment not in an operable condition, except as may be otherwise permitted by this Code.
L. Inoperable Motor Vehicles 5 : All inoperable motor vehicles, whether on public or private property. However, nothing in this subsection shall apply to any motor vehicle that is kept within a building when not in use, to historic vehicles over twenty five (25) years of age, or to a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles.
As used in this subsection, "inoperable motor vehicle" means any motor vehicle from which, for a period of at least seven (7) days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. "Inoperable motor vehicle" shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary services or repair operations.
M. Insect Infestations: All infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots and mosquitoes and mosquito larvae. (1976 Code §10-100)
N. Noise:
1. To produce or permit to be produced, whether on private or public property, any offensive noise to the disturbance of the peace or quiet of any person residing in the vicinity.
2. For the owner and/or occupant of any premises to permit any of the following activities to be conducted on said premises from nine o'clock (9:00) P.M. to seven o'clock (7:00) A.M., within three hundred feet (300') of any residential district boundary:
a. The collection, pick up or disposal of refuse, recyclable materials, empty containers, drums, etc., or any other reusable product or device, except when conducted entirely within a completely enclosed building; (Ord. 2001-72, 12-13-2001)
b. The sweeping or cleaning of any parking lot or sidewalk by any mechanical means, however, snow plow activities after or during snow events shall be exempt from this requirement; (Ord. 2017-51, 9-21-2017)
c. The shipping or receiving of any goods, merchandise or any other materials, except when conducted entirely within a completely enclosed building; or
d. Any other outdoor maintenance activity requiring the use of any mechanical device. (Ord. 2001-72, 12-13-2001)
O. Dog Nuisances: Any dog which is defined as:
1. A vicious dog under section 5-6A-1 of this Code and which is not kept in compliance with subsection 5-6A-5C of this Code; or
2. A dangerous dog under section 5-6A-1 of this Code, which is not kept in compliance with subsection 5-6A-5B of this Code.
P. Tree And Plant Nuisances:
1. Disease Conditions: All trees, shrubs, vines, cuttings, scions, graphs, plants and plant parts and plant products in places within the Village, infested with injurious insect pests or infected with plant diseases which are liable to spread to other plants, plant products or places to the injury thereof, or to the injury of man and animals, and all species and varieties of trees, shrubs, vines and other plants not essential to the welfare of the people of the Village which may serve as a favorable host plant and promote the prevalence and abundance of insect pests and plant diseases, or any stage thereof, injurious to other plants essential to the welfare of the people of this Village.
a. Which by its location or condition constitutes a threat to the safety or property of individuals or of the public; or
b. Which obstructs or encroaches upon any street right-of-way, sidewalk, public property or any public or Village utility lines or facilities.
Q. Illegal Liquor Manufacture Or Sale 7 : Every lot, parcel or tract of land, and every building, structure, tent, boat, wagon, vehicle, establishment or place whatsoever, together with all furniture, fixtures, ornaments and machinery located thereon, wherein there shall be conducted any unlawful manufacture, distribution, or sale of alcoholic liquor, or whereon or wherein there shall be kept, stored, concealed or allowed any alcoholic liquor intended for illegal sale or to be sold, disposed of or in any other manner used in violation of any of the provisions of 235 Illinois Compiled Statutes, as amended. (1976 Code §10-100)
Notes
| 1 | 1. See also Section 8-1J-4 of this Code. |
| 2 | 1. See also subsections 4-2-2D and 4-2-5D and F of this Title. |
| 3 | 2. See also Section 3-1-11-2 of this Code. |
| 4 | 3. See also Chapter 2 of this Title. |
| 5 | 1. See also title 6, chapter 10 of this Code. |
| 6 | 1. See also section 7-4-6 of this Code. |
| 7 | 2. See also title 3, chapter 3 of this Code. |