TITLE 4
PUBLIC HEALTH AND SAFETY
CHAPTER 1
NUISANCES
SECTION:
4.1.1: Nuisances Prohibited
4.1.2: Nuisances Defined
4.1.3: Additional Specific Enumeration Of Nuisances
4.1.3.1: Cemeteries
4.1.3.2: Storage And Handling Of Food
4.1.3.3: High Pressure Sodium Vapor Lighting
4.1.3.4: Storage Of Personalty
4.1.3.5: Erosion And Sedimentation Control
4.1.3.6: Fireworks And Explosives
4.1.3.7: Sump Pump Discharge
4.1.3.8: Garbage And Refuse
4.1.3.9: Weeds
4.1.3.10: Noise
4.1.3.11: Nuisance Penalties
4.1.3.12: Abatement And Liens
4.1.1: NUISANCES PROHIBITED:
No person shall cause, permit or maintain any nuisance on any property under their control. The City Building and Zoning Officer, the City Chief of Police, and/or the McHenry County Public Health Administrator are authorized to abate any nuisance existing in the City, whether or not such nuisance is one specifically defined by law or ordinance. (Ord. 17-O-81, 9-19-2017)
4.1.2: NUISANCES DEFINED:
The following are nuisances:
   A.   Any act committed or any structure, substance or thing which is injurious or dangerous to the public health, safety or comfort.
   B.   Any stagnant pool of water.
   C.   Uncovered piles of refuse, garbage or offal, or the carcasses of dead animals, or any offensive or nauseous substances.
   D.   The pollution of any watercourse or source of water supply for the City. (1963 Code, §25.02; amd. Ord. 17-O-81, 9-19-2017)
   E.   Other additional nuisances as enumerated in this chapter. (Ord. 17-O-81, 9-19-2017)
4.1.3: ADDITIONAL SPECIFIC ENUMERATION OF NUISANCES:
4.1.3.1: CEMETERIES:
No person shall establish a cemetery within the City, or bury any person within the City limits or within a mile thereof, except in an established cemetery. (1963 Code, §25.05)
4.1.3.2: STORAGE AND HANDLING OF FOOD:
   A.   Unwholesome Food: No person shall sell or keep any food intended for human consumption which is spoiled or tainted or is unwholesome and unfit for human consumption. All tainted or unwholesome food intended for human consumption shall be condemned and shall thereupon be seized and destroyed by the Health Department or any police officer. (1963 Code, §25.06)
   B.   Adulterated Food: No person shall sell or keep any food intended for human consumption which has been adulterated by any material harmful in any way, or which does not comply with the State law. (1963 Code, §25.07)
   C.   Sanitary Handling Of Food: Premises used for the sale or storage of food intended for human consumption shall be kept in a clean and sanitary condition. No person shall permit the accumulation of refuse or waste of any kind thereon for more than twenty four (24) hours, or decaying animal or plant matter or waste to remain on any such premises at any time. Such premises shall have City water in the building and sanitary sewer facilities. (1963 Code, §25.08)
   D.   Flies And Vermin: Premises used for the storage of food intended for human consumption shall be kept free from flies and vermin. (1963 Code, §25.09)
   E.   Employees: All persons handling or coming in contact with food intended for human consumption shall keep themselves and their clothes clean. No person afflicted with a contagious or venereal disease shall handle or be permitted to handle any food intended for sale for human consumption. (1963 Code, §25.10)
   F.   Utensils: Utensils for personal use in all places serving food or drink to the public shall be thoroughly cleaned and sterilized after each such usage. (1963 Code, §25.11)
4.1.3.3: HIGH PRESSURE SODIUM VAPOR LIGHTING:
   A.   The use of high pressure sodium vapor lighting within the City is hereby permitted, subject to the following restrictions:
      1.   The area in which the high pressure sodium vapor lighting is used shall be clearly defined and separated from areas lighted by other forms of lighting;
      2.   High pressure sodium shall be the sole source of lighting provided;
      3.   All sodium vapor lighting shall be installed in downlight fixtures so that the light source does not extend below the opaque portion of said fixture housings.
   B.   From and after the effective date hereof, the use of low pressure sodium vapor lighting or the use of high pressure sodium vapor lighting, except as provided herein, on any street, parking lot or other public or semipublic area in the City is hereby declared to be a nuisance.
   C.   From and after the effective date hereof, any person who shall install low pressure sodium vapor lighting or high pressure sodium vapor lighting, except as provided herein, on any street, parking lot or other public or semipublic area shall be guilty of a nuisance. (Ord. 1678, 8-4-1981)
4.1.3.4: STORAGE OF PERSONALTY:
   A.   The unenclosed or unsheltered storage or standing of any one or more items of tangible personal property that is abandoned, discarded, unused, stripped, junked, wrecked, dismantled, scrapped, salvaged, not in running condition, or not in good and safe operating condition for a period of ten (10) days or more is hereby declared to be a nuisance and dangerous to public health, safety and welfare. Such tangible personal property is hereinafter referred to as "said personalty" and includes, but is not limited to, automobiles, trucks, trailers, buses, tractors, farm implements, farm machinery, motorcycles, wagons, construction equipment, and any other type of vehicle, or any part or parts thereof, lumber, wood, junk, trash, debris, paper, tires, furniture, stoves, refrigerators, freezers, plumbing fixtures, cans, containers, industrial and other waste, copper, brass, iron, steel, tin, aluminum, lead, any other metal or alloy, rags, batteries, any other machinery, and any other ferrous or nonferrous material, goods or articles.
   B.   The owner, owners, tenants, lessees and/or occupants of any real estate upon which such storage or standing is made, and also the owner, owners and/or lessees of said personalty involved (all of whom are hereinafter referred to collectively as "owners"), shall jointly and severally abate said nuisance by the prompt removal of said personalty. (Ord. 814, 4-1-1969)
   C.   If said owners allow said nuisance to exist or fail to abate said nuisance, they, and each of them, shall be guilty of a separate offense for each day during or on which such nuisance exists. (Ord. 814, 4-1-1969; amd. 1986 Code)
   D.   It shall be an affirmative defense to any charge brought against said owners for violation of this section that such storage or standing is on real estate that is lawfully zoned, under the City zoning ordinance, as amended, as an "auto wrecking yard". (Ord. 814, 4-1-1969)
4.1.3.5: EROSION AND SEDIMENTATION CONTROL:
   A.   The erosion of soil and deposition of sediment onto public roads and right-of-way is hereby declared to be a nuisance and dangerous to public health, safety, and welfare.
   B.   The owner, owners, tenants, lessees and/or occupants of property from which erosion of soil and deposition of sediment onto public roads and right-of-way is occurring, shall jointly and severally abate said nuisance through the provision of silt traps, filters, siltation fencing, topsoil/seeding, or similar measures as approved by the Director of Public Works. (Ord. 04-O-16, 2-3-2004)
4.1.3.6: FIREWORKS AND EXPLOSIVES:
   A.   Definition: The term "fireworks" shall mean and include any explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect of a temporary exhibitional nature by explosion, combustion, deflagration or detonation, and shall include blank cartridges, toy cannons, in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, bombs or other fireworks or like construction and any other device containing any explosive compound, or any tablets or other device containing any explosive substance, or containing combustible substances producing visual effects.
Fireworks shall not include snake or glowworm pellets; smoke devices; trick noisemakers known as party poppers, booby traps, snappers, trick matches, cigarette loads and auto burglar alarms; and sparklers, as well as toy pistols, toy canes, toy guns or other devices in which paper or plastic caps containing twenty five hundredths (25/100) grain or less of explosive compound are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps which contain less than twenty hundredths (20/100) grain of explosive mixture; the sale and use of which shall be permitted at all times.
   B.   Fireworks Prohibited: Except as provided herein, no person shall manufacture, possess, sell, offer for sale, use or explode any fireworks in the City. However, the City Council may grant a permit for a fireworks display under such reasonable conditions as it may impose including, but not limited to, conditions under the provisions of this section and 425 Illinois Compiled Statutes 35/0.01 et seq.
   C.   Insurance: Accompanying a fireworks display application shall be an endorsement of insurance naming the City as a primary, noncontributory additional insured with limits of not less than one million dollars ($1,000,000.00) per occurrence and excess coverage of not less than four million dollars ($4,000,000.00) covering general liability including bodily injury, personal injury and property damage and providing no shooter exclusion. Such endorsement shall provide that the insurance shall not be terminated or renewed for any reason without thirty (30) days' advance written notice to the City.
   D.   Smoking Prohibited: It is unlawful for any person in charge of such public displays to smoke any lighted pipe, cigarette or cigar at any time during which such public display is going on or in the vicinity of materials to be used for such displays.
   E.   Storage Regulations: All permitted explosives shall be stored or kept in accordance with the provisions of applicable statutes.
   F.   Storage Of Nitroglycerin And TNT: It is unlawful to keep or store any nitroglycerin or the explosive commonly known as TNT in the City in any quantities, excepting for medicinal or laboratory purposes and for such purposes, no more than one- fourth (1/4) ounce shall be stored in any one building or premises.
   G.   Violation; Penalty: Any person, firm or corporation violating any provision of this section shall be fined not less than one hundred fifty dollars ($150.00) nor more than seven hundred fifty dollars ($750.00) for each offense and be responsible for the City's cost of prosecution. Each day that a violation continues shall be considered a separate offense. Restitution by the violator shall also be made to any property damaged or destroyed or person injured. (Ord. 06-O-51, 6-20-2006)
4.1.3.7: SUMP PUMP DISCHARGE:
   A.   Sump Pump Discharge On Public Property: No person shall construct, alter, maintain or in any way provide for the discharge of flow from a sump pump hose or pipe that results in the creation of a hazard or standing water on a public right-of-way, public sidewalk, or street pavement. Such hazard or standing water is hereby declared to be a nuisance and dangerous to public health, safety and welfare. (Ord. 11-O-22, 3-1-2011)
   B.   Sump Pump Discharge On Private Property: Unless otherwise reviewed and approved by the Public Works Department, no person shall construct, alter, maintain or in any way provide for the discharge of flow from a sump pump hose or pipe that is closer than five feet (5') from any lot line, or that results in the creation of a hazard or standing water on private property. Such hazard or standing water is hereby declared to be a nuisance and dangerous to public health, safety and welfare. (Ord. 18-O-52, 10-2-2018)
   C.   Stormwater Sump Pumps: Stormwater sump pumps may only be connected directly to the sewer system where deemed necessary by the Director of Public Works. Prior to any work on such a connection, a drawing shall be submitted to the Public Works Department and reviewed and approved by the Public Works Department.
   D.   Violation; Penalty: Any person, firm or corporation violating any provision of this section shall be fined not less than fifty dollars ($50.00) or more than seven hundred fifty dollars ($750.00) for each offense and be responsible for the City's cost of prosecution. Each day that a violation continues shall be considered a separate offense. In addition to any fine, the City may shut off water service to the property if: 1) the person, firm or corporation has been given proper notice of a violation; 2) the person, firm or corporation has been given seven (7) days to correct the violation; and 3) the person, firm or corporation has failed to correct the violation within the seven (7) days. (Ord. 11-O-22, 3-1-2011)
4.1.3.8: GARBAGE AND REFUSE:
   A.   Containers: The owner or occupant of any house, building, business, flat, apartment or tenement in the City where people reside, board, lodge, or where food is prepared or served shall maintain in good order galvanized metal or plastic garbage containers with covers for the temporary storage of garbage, food containers, bottles and materials intended for collection and disposal.
   B.   Deposits Of Garbage And Refuse In Streets: No garbage or refuse of any kind shall be deposited in any street, alley or public way, and no refuse shall be so placed that it can be blown about or scattered by the wind. No garbage can, tin, container or receptacle shall be deposited in any street, alley, public way, tree bank or place for collection more than twenty four (24) hours prior to the normal collection date and no garbage can, tin, container or receptacle shall be allowed to remain on any street, alley, public way, curbside or tree bank for more than twenty four (24) hours after the collection of such garbage or refuse.
   C.   Accumulation Of Garbage And Refuse Prohibited: No person shall permit the unreasonable storage or accumulation of garbage, refuse or waste products on any property in the City. The storage and/or accumulation of garbage, refuse and debris upon private property is hereby declared a public nuisance.
   D.   Screening Of Deposit Sites:
      1.   Definitions:
   BUSINESS AREAS: Any lot, parcel, tract of land or geographical area in the City, improved with structures or buildings devoted in whole or in part to the retail or wholesale of any goods or commodities or the rendering of any service, professional or otherwise.
   MANUFACTURING AREAS: Any lot, parcel, tract of land or geographical area in the City, improved with buildings or structures devoted in whole or in part to the manufacture, processing or assembly of materials or products of any kind, nature or description.
   RESIDENTIAL AREAS: Any lot, parcel, tract of land or geographical area in the City, containing or improved with buildings or structures containing three (3) or more residential dwelling units each.
      2.   Nuisance Declared: The open, unenclosed, or unobstructed use of any industrial, commercial, or "residential area", as defined herein, for the deposit, accumulation, or storage of refuse, garbage, trash or similar materials, is hereby deemed and declared to be a public nuisance.
      3.   Screening Required:
         a.   A dumpster or similar secure container used for the storage of refuse, garbage, trash or similar materials shall not be located within a required front yard or between the front of a building and the front property line.
         b.   A dumpster or similar container may be located within a required side yard or between the side of a building and the side property line. When located within such a yard, the dumpster or container shall be screened, enclosed, or otherwise prevented from being viewed by the general public. On a corner parcel, such a dumpster or container shall not be located within the side yard abutting a street.
         c.   A dumpster or similar container may be located within a required rear yard or between the rear of a building and the rear property line. When located within such a yard, the dumpster shall not be visible to the general public. If it is in a location that is visible to the general public, it shall be screened, enclosed, or otherwise prevented from being publicly viewed.
         d.   Dumpsters or similar containers which serve shopping centers, business parks, and similar multi-occupant or multi- structure uses shall not be visible to the general public. If it is in a location that is visible to the general public, it shall be screened, enclosed, or otherwise prevented from being publicly viewed.
         e.   Screening or enclosures to prevent viewing by the general public may consist of a permanent, opaque fence, constructed of wood, metal, masonry, or other appropriate material. Such screening or enclosures may be used in conjunction with landscaping materials in order to be more effective. Screening or enclosure materials which do not completely block the view of the dumpster or similar container shall not be used.
         f.   Screening or enclosures shall be accessible to both users and waste haulers, and shall be properly maintained and functional.
      4.   Permit Required: No person shall construct or build any fence or enclosure herein required without a permit to do so. Applications for permits shall be made in writing and upon forms supplied by the City. The application shall:
         a.   Show the location of the industrial, commercial or residential building;
         b.   Show the proposed location of the screening or enclosure and all public access ways to the primary structure;
         c.   Specify the type of material to be used;
         d.   Show the number of openings to the enclosure;
         e.   Specify the height and length of the enclosure;
         f.   Show the location of the proposed screening or enclosure with reference to the primary building.
   E.   White Goods:
      1.   For purposes of this section, white goods shall include all discarded refrigerators, ranges, water heaters, freezers, air conditioners, humidifiers and other similar domestic and commercial large appliances which are freon based, including, but not limited to, those containing any chlorofluorocarbon refrigerant gas.
      2.   No person or owner of property within the City shall cause or allow any white goods to be placed outside any structure. Such act is hereby declared a nuisance. (Ord. 17-O-81, 9-19-2017)
4.1.3.9: WEEDS:
   A.   Definitions: For the purposes of this chapter, "noxious weed" is defined as Canada thistles (Cirsium arvense) and all of its varieties, perennial sow thistles (Sonchus arvensis), European bindweed (Convolvulus arvensis), leafy spurge (Tithymalus esula), Russian knapweed (Centaurea repens), Johnson grass (Sorghum halepense) and Sorghum alum and crosses derived therefrom, Grant foxtail (Sectaria faberi), hoary cress (Lepidium draba), ragweed (Ambrosia), jimson (Datura stramonium), burdock (Arctium lappa), cockleburr (Xanthium orientale), goldenrod (Solidago canadensis) and other weeds of a like kind.
   B.   Nuisance Declared:
      1.   It shall be unlawful for any person to permit any type of noxious weed to grow on any real estate owned, occupied, controlled, managed or possessed by such person in the City.
      2.   It shall be unlawful for any person to permit any other weeds, any grasses or plants except trees, bushes, flowers, native landscaping, or other ornamental plants to grow to a height exceeding eight inches (8") on any real estate owned, controlled, occupied, managed or possessed by such person in the City. In no instance shall planting materials obstruct the pedestrian right-of-way.
      3.   It shall be unlawful for any person to plant or permit to grow any bush of tall, common or European barberry (Berberis vulgaris) or its horticultural varieties, on any real estate owned, occupied, controlled, managed or possessed by such person in the City.
      4.   Noxious weeds, tall, common or European barberry (or its horticultural varieties), and any flora (except trees, bushes, flowers and other ornamental plants) exceeding eight inches (8") in height are declared to be a nuisance. (Ord. 17-O-81, 9-19-2017)
4.1.3.10: NOISE:
A.   Definitions: For purposes of this section 4.1.3.10, the following definitions shall apply:
   dBA OR A-WEIGHTED SOUND PRESSURE LEVEL: Shall mean the sound pressure level in decibels as measured with a sound level meter using
   the A-weighting network.  The unit for reporting is dB(A) or dBA. Sounds measured with the "A" weighting network approximate the response of human hearing when measuring sounds of low to moderate intensity.
   AMBIENT SOUND: Shall mean the sound pressure level which represents the summation of the sound from all the discrete sources affecting a given site at a given time, exclusive of the source under investigation.
   DECIBEL: Shall mean a logarithmic unit used in measuring the magnitude of sound.  Decibel is abbreviated dB.
   DWELLING: Shall mean a building or structure that is intended or designed to be used, rented, leased, let or hired out for human habitation.
   EMERGENCY POWER GENERATOR: Shall mean the equipment used to generate electrical power in the event of an interruption, malfunction, or failure of the electrical power otherwise supplied by the service provider.
   EMERGENCY VEHICLE: Shall mean an authorized motor vehicle, motorboat, or aircraft, which can lawfully be used for the transportation of emergency personnel, equipment, and supplies while responding to the scene of an emergency.
   EMERGENCY WORK: Shall mean:
   1.   Work required to restore property to a safe condition following a disaster or declaration of emergency;
   2.   Work required to protect persons or property from an imminent exposure to danger; or
   3.   Work that absolutely cannot be done otherwise during the daytime hours to protect the public's health by private or public entities for providing or restoring immediately necessary utility service.
   LEQ: Shall mean the average measure of continuous noise that has the equivalent acoustic energy of the fluctuating signal over the same time period.  For the purposes of this regulation, an Leq measurement will be taken for a minimum of one minute.
   MULTI-DWELLING UNIT BUILDING: Shall mean any building comprising two (2) or more dwelling units, including, but not limited to, apartments, condominiums, co-ops, multiple family houses, townhouses, and attached residences.
   MUNICIPAL APPROVED EVENT: Shall mean an assembly of people which continues and can reasonably be expected to continue for two (2) or more hours per day on a temporary basis not to exceed two (2) weeks (as opposed to an annual permit), and has received a permit, license or authorization from the municipality.
   RECEIVING PROPERTY: Shall mean any property, including an individual unit of a multi-dwelling or multi-use property that is adversely affected by noise transmitted by another property or from another unit within the same multi-dwelling or multi-use property.
   REPETITIVE IMPULSE SOUND: Shall mean any impulse sound repeated at intervals such that a sound level meter set at "fast" meter characteristic will show changes in sound pressure level greater than 10 dB(A) within one second.
   SNOW REMOVAL EQUIPMENT: Shall mean any mechanical equipment used for removing snow from land or building surfaces including snow plows, snow blowers, snow sweepers, and any spreader or applicator employed to apply a snow or ice melting product.
   SOUND: Shall mean an oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with interval forces that cause compression or rarefaction of the medium.
   SOUND LEVEL METER: Shall mean an instrument that includes a microphone, amplifier, RMS detector, integrator, or time averager, output meter and weighing networks used to measure sound pressure levels.
B.   Noise Prohibitions:
   1.   General Prohibition Of Noise: Between the hours of 6:00 p.m. and 7:00 a.m., no person shall emit, nor shall any person cause, allow, permit, or fail to control the emission of any noise source so as to exceed the maximum allowable sound pressure levels set forth in Table 1 of this Section B.1. when measured from the receiving property.
   Table 1 - Maximum Permissible Sound Pressure Levels (Leq) Table
 
Receiving Property Use (See Section D for examples for each type of use)
Between 6:00 p.m. and 11:00 p.m.
Between 11:00 p.m. and 7:00 a.m.
Type A
10 dBA above ambient sound not to exceed 60 dBA
5 dBA above ambient sound not to exceed 55 dBA
Type B
10 dBA above ambient sound not to exceed 65 dBA
5 dBA above ambient sound not to exceed 60 dBA
Type C
10 dBA above ambient sound not to exceed 75 dBA
5 dBA above ambient sound not to exceed 70 dBA
Type D
10 dBA above ambient sound not to exceed 75 dBA
5 dBA above ambient sound not to exceed 75 dBA
 
   2.   Sound Pressure Level Measurements: Sound pressure level measurements shall be made with a calibrated and certified Type 2 sound level meter or better instrument as specified in the American National Standards Institute's (ANSI) publication S1.4-1983 (Reaffirmed 2001) entitled, "Specifications for Sound Level Meters", or its current successor; or the International Electrochemical Commission (IEC) class or type 1 and 2 standard 61672.  All sound level measurements required by this regulation shall be taken in dBA
   3.   Repetitive Impulse Sound:  For any stationary source of sound which emits a repetitive impulse sound, the limits set forth in Table 1 shall be reduced by 5 dBA when measured between the hours of 6:00 p.m. to 11:00 p.m. and reduced by 10 dBA for Type A and Type B property use when measured between the hours of 11:00 p.m. to 7:00 a.m.
C.   Exemptions:  The following noises shall be exempt from the regulations of this Section 4.1.3.10:
   1.   Emergency Events And Equipment:  Noise resulting from a response to any emergency event, including the use of emergency equipment, emergency vehicles, emergency relief valves, emergency work, and emergency power generators, which provide emergency power or potable water to any hospital, health clinic, nursing home, similar facilities, or physician prescribed home-based personal medical equipment as approved by the City, where the loss of electrical power or potable water poses an immediate risk to the health, safety, and welfare of any person, or as required by federal or state law.  During a power failure, other commercial or personal emergency power generators operating between the hours of 11:00 p.m. and 7:00 a.m. may reach, but not exceed, the maximum day time sound pressure levels set forth in Table 1 when measured from the receiving property.
   2.   Heating, Ventilation, And Air Conditioning (HVAC):  Noise resulting from the operation of a HVAC system used on or within a Type A property use,including central air conditioning units, evaporative coolers, or window cooling units, regardless of the time or frequency of operation, provided the system is in good repair and operating within manufacturer's specifications.
   3.   Mechanical Equipment: Noise resulting from the use of portable mechanical equipment between the hours of 6:00 p.m. and 11:00 p.m., so long as the equipment is in good repair, performs a legitimate service, and is being used according to the manufacturer's specifications.
   4.   Municipal Activities: Activities and events held in or upon any City-owned facility or other City-owned property or undertaken by City employees or contractors.
   5.   Public Assembly:  Noise directly resulting from crowd noise associated with a public assembly.
   6.   Snow Removal And Street Sweeping: Noise resulting from the operation of snow removal and street sweeping equipment.
   7.   Other Exemptions: The City Manager or the Liquor Commissioner may each authorize exemptions from the prohibitions contained in this Section 4.1.3.10 for special occasions or exceptional circumstances.
D.   Noise Area Classifications:  For purposes of the receiving property uses described in Table 1 of Section B of this Chapter, the following uses (and uses similar to these examples) shall apply:
Type A Property Use Activities/Examples
Single family residential structure that does not share a common wall with residential or any other use.
Type B Property Use Activities/Examples
All other residential use not included in Type A including but not limited to:
Apartment/Condominium/Twin Home/Poli-Plex
Group home, community living
Residential hotel/motel
Mobile home park or court
Transient lodging
Correctional institution
Medical/other health service
Religious, Church activity
School, Educational Institution activity
Cultural activity and nature exhibition
Camping and picnicking areas (designated)
Resort, group camp
Other cultural, recreational activity
Type C Property Use Activities/Examples
Retail trade
Building materials
Hardware
Farm equipment
General merchandise
Food, eating and drinking, other recreation (bar, discotheques, clubs)
Automotive & accessories, gas stations
Marine craft & accessories
Aircraft & accessories
Apparel & accessories
Furniture, home furnishings and equipment
Other retail trade
Finance, insurance, and real estate services
Personal services
Business services
Repair services
Legal services
Other professional services
Contract construction services
Governmental services (except correctional institutions)
Miscellaneous services (except religious activities)
Amusements (except fairgrounds and amusement parks)
Parks
Automobile parking
Type D Property Use Activities/Examples
Food and kindred products - manufacturing
Textile mill products - manufacturing
Apparel & other finished products made from fabrics, leather & similar materials - manufacturing
Lumber and wood products (except furniture) – manufacturing
Furniture and fixtures - manufacturing
Paper and allied products- manufacturing
Printing, publishing, and allied industries
Chemicals and allied products – manufacturing
Petroleum refining and related industries
Rubber and miscellaneous plastic products – manufacturing
Stone, clay, & glass products – manufacturing
Primary metal industries
Fabricated metal products - manufacturing
Professional, scientific, and controlling instruments, photographic & optical goods, watches and clocks - manufacturing
Miscellaneous manufacturing (except motion picture production)
Railroad, rapid transit, and street railway transportation (except passenger terminals)
Motor vehicle transportation (except passenger terminals)
Aircraft transportation (except passenger terminals)
Marine craft transportation (except passenger and freight terminals)
Highway and street right-of-way Communication (except telegraph message centers)
Utilities
Other transportation, communication & utilities (except transportation services and arrangements)
Event and entertainment venues
Race tracks
Fairgrounds and amusement parks
Agricultural
Agricultural and related activities
Forestry activities and related services (including commercial forest land, timber production, and other related activities)
Fishing activities and related services
Mining activities and related services
Other resource production and extraction
All other activities not otherwise listed
Undeveloped and unused land area (excluding noncommercial forest development)
Noncommercial forest development
Water areas
Vacant floor area
Under construction
Other undeveloped land and water areas
All other property uses not previously identified
(Ord. 19-O-74, 9-17-2019)
4.1.3.11: NUISANCE PENALTIES:
In addition to any other actions authorized by law or ordinance, any person violating any provision of this chapter shall be subject to the fines and penalties set forth in section 1.4.1 of this Code. If any person, firm, organization or corporation receiving a citation for violating any provision of this chapter fails to pay, settle or adjust the fine specified herein, then adjudication procedures may be initiated in accordance with title 1, chapter 7, article L of this Code or with a court of competent jurisdiction, and such processes as necessary shall commence. (Ord. 17-O-81, 9-19-2017; amd. Ord. 19-O-74, 9-17-2019)
4.1.3.12: ABATEMENT AND LIENS:
   A.   For all violations of the nuisance provisions of this chapter (excepting violations of the tree protection provisions of article A of this chapter), the City may abate a nuisance and impose a lien on the property for the costs of such abatement pursuant to the following procedures:
      1.   Notice To Owner:
         a.   If the City Manager (or his designee) determines that a public nuisance exists on private property, a notice shall be served directing the owner, occupant, or person causing, permitting or maintaining such nuisance to abate such nuisance within twenty four (24) hours or longer if authorized by City ordinance or by the City Manager (or his designee).
         b.   For purposes of this section, the person to whom the last general tax bill on the property was sent shall be presumed to be the owner. Notice by regular mail to the owner or posting of notice on the front entrance to the structure or similar location shall be deemed sufficient legal notice to the owner, occupant and person causing, permitting or maintaining such nuisance. If there is no structure on the property, a sign may be posted anywhere on the premises.
      2.   Extension: The City Manager (or his designee) may grant additional time for the owner, occupant or person causing, permitting or maintaining such nuisance to cause the abatement of the nuisance, provided that such extension is limited to a specific time period.
      3.   Abatement By City: If the nuisance is not abated within the time provided, the City Manager (or his designee) may cause the abatement of such nuisance.
      4.   Lien For Abatement Costs And Expenses:
         a.   After incurring costs and expenses for abatement of a nuisance on private property, the City shall serve a notice of the amount due on the person to whom the last general tax bill on the property was sent.
         b.   The notice shall be served either personally or by U.S. mail and it shall include the following: 1) statement that the City has authority to abate a nuisance pursuant to this chapter and to collect its costs and expenses from the owner; 2) identify the underlying parcel by common description; and 3) describe the abatement activity and costs incurred by the City; and 4) indicate that a lien may be filed by the City against the property for remaining unpaid charges and associated City costs.
         c.   A second notice shall be served in the same manner if the amount remains unpaid twenty (20) days after the first notice has been served or mailed. A one-time late penalty of ten percent (10%) of the bill shall be added to the amount due.
         d.   If, forty five (45) days after service of the first notice, the costs and expenses incurred by the City have not been paid, the City may file a notice of lien in the Office of the McHenry County Recorder of Deeds.
         e.   Said notice of lien shall consist of a sworn statement including the following: 1) a description of the underlying parcel that sufficiently identifies the parcel; 2) the abatement activity and the amount of the abatement cost plus any late fees, administrative and recording costs; and 3) the date or dates when the abatement cost was incurred by the City.
         f.   A release of lien shall be prepared by the City for the owner to file only upon payment of the amount due plus any late fees, administrative and recording costs incurred by the City or at the direction of the City Manager (or his designee).
         g.   At the direction of the City Manager (or his designee), the City Attorney is authorized to file suit in a court of competent jurisdiction to foreclose on any lien recorded pursuant to this section. The City shall be entitled to recover reasonable attorney fees in any action to foreclose a lien recorded pursuant to this section.
   B.   The use of the remedies set forth in this section does not bar the use of any other remedy provided for under this chapter, or any other remedy as may be allowed by any other ordinance of the City or laws of the State of Illinois.
   C.   If the nuisance is of such threat to the welfare and safety of the community that it must be abated immediately, the City Manager (or his designee), in his or her sole discretion, is authorized to take such steps as may be necessary to affect the abatement regardless of the requirements of this section and may thereafter provide notice to the owner of such action and then follow the lien provisions of this section to recover abatement and associated costs. (Ord. 17-O-81, 9-19-2017; amd. Ord. 19-O-74, 9-17-2019)
ARTICLE A.  TREE PROTECTION 1
SECTION:
4.1A.1: Purpose
4.1A.2: Definitions
4.1A.3: Applicability
4.1A.4: Desirable And Nondesirable Trees
4.1A.5: Tree Guidelines
4.1A.6: Dead, Dying, Diseased And Infested Trees
4.1A.7: Construction Precautions
4.1A.8: Administration And Appeals
4.1A.1: PURPOSE:
While allowing for the reasonable use of land, it is the intent of the City to add to the tree population where possible and to maintain existing trees within the City. The general purpose of the regulations set forth herein is to preserve, protect, and properly maintain trees within the City, to encourage the planting of new and replacement trees, to set good policy regarding trees within the City, and to protect the public from trees which pose a problem or danger. These regulations are intended to:
   A.   Encourage the planting of native tree species, especially oak and hickory varieties characteristic of Woodstock's earlier years;
   B.   Enhance property values;
   C.   Reduce energy consumption by using trees as windbreaks and to provide shade;
   D.   Assist in controlling soil erosion, reducing stormwater runoff, and replenishing groundwater;
   E.   Preserve nesting areas for birds and wildlife which assist in the control of noxious insects;
   F.   Provide buffers against noise pollution;
   G.   Eliminate trees that constitute a threat, danger, or nuisance within the City, or that may be dangerous to the health of other trees; and
   H.   Protect and enhance Woodstock's physical and aesthetic environment, quality of life and the general health, welfare, and safety of the City and its residents. (Ord. 11-O-67, 12-6-2011; amd. Ord. 17-O-81, 9-19-2017)
4.1A.2: DEFINITIONS:
The following words and terms when used in the interpretation and administration of these regulations shall have the meaning set forth herein except where otherwise specifically indicated. Words and terms not defined here shall be defined as specified in the latest edition of "Webster's New Collegiate Dictionary" or a similar dictionary of common usage.
   DRIP LINE: The area lying between the trunk of a tree and the extreme outer edge of the leaf and branch structure, i.e., the diameter of the leaf and branch structure extended vertically down to the soil surface.
   TREE, DANGEROUS: A dangerous tree is any tree or part of a tree which overhangs public property, including, but not limited to, public right-of-way, public streets and sidewalks, public parking areas, and public buildings, and that interferes with traffic or is likely to fall across public property.
   TREE, NUISANCE: A nuisance tree is any tree that is unhealthy and constitutes a threat to the public health, safety, and welfare, or any tree that poses a threat to a noninvasive tree or to an existing structure. A nuisance tree may include, but is not limited to, those trees listed in subsection 4.1A.4A of this article.
   TREE, PRIVATE: A private tree is any tree located on private property.
   TREE, STREET: A street tree is any tree located on land situated between the right-of-way lines of all public street right-of-way within the City. (Ord. 11-O-67, 12-6-2011; amd. Ord. 17-O-81, 9-19-2017)
4.1A.3: APPLICABILITY:
   A.   The regulations and standards set forth herein shall apply to trees on individual lots or parcels in the City of Woodstock except as otherwise provided for herein.
   B.   The requirements of this article shall not apply to trees located on or in a tree farm, nursery, or greenhouse where said trees are considered inventory and intended to be sold in the regular course of business.
   C.   The requirements of this article shall not apply to commercial, industrial, or multi-family development activity where detailed site engineering, landscape, or site plan submittals have been approved as a condition of building permit approval.
   D.   Before mass clearing or wholesale tree cutting/removal on any parcel, compliance with the provisions and standards of this article shall occur and a grading permit or erosion control permit shall be issued by the City.
   E.   A development proposal requiring subdivision or planned unit development approval shall comply with applicable sections of chapter 8A, subdivision and planned unit development design standards, of the current edition of the City of Woodstock unified development ordinance, as amended from time to time. (Ord. 11-O-67, 12-6-2011; amd. Ord. 17-O-81, 9-19-2017)
4.1A.4: DESIRABLE AND NONDESIRABLE TREES:
   A.   The following trees are considered "nuisance trees" and are discouraged from being planted within the City:
 
Acer negundo
Box elder
Acer saccharinum
Silver maple
Ailanthus altissima
Tree of heaven
Elaeagnus angustifolia
Russian olive
Elaeagnus umbellata
Autumn olive
Fraxinus species
Ash species
Gleditsia triacanthos
Honey locust (except for thornless varieties that do not produce seed pods)
Populus species
Poplar species
Rhamnus cathartica
Common buckthorn
Rhamnus frangula
Glossy buckthorn
Robina pseudoacacia
Black locust
Ulmus pumila
Siberian elm
 
   B.   Planting of the following trees on private property is permitted and encouraged, and will satisfy the requirements of these regulations:
 
Acer nigrum
Black maple
Acer saccharum
Sugar maple
Aesculus glabra
Ohio buckeye
Carpinus caroliniana
American hornbeam
Carya cordiformis
Bitternut hickory
Carya ovata
Shagbark hickory
Celtis occidentalis
Hackberry
Ostrya virginiana
American hophornbeam (ironwood)
Quercus alba
White oak
Quercus coccinea
Scarlet oak
Quercus ellipsoidalis
Hill's oak
Quercus macrocarpa
Bur oak
Quercus rubra
Red oak
Quercus velutina
Black oak
Tilia americana
Linden
 
(Ord. 11-O-67, 12-6-2011; amd. Ord. 17-O-81, 9-19-2017)
4.1A.5: TREE GUIDELINES:
   A.   In order to preserve and enhance the oak and hickory forest natural to Woodstock and McHenry County, the use of oak and hickory varieties and species native to McHenry County and the surrounding region is encouraged. Emphasis should be placed on the planting of a mix of oak and hickory varieties and native species, along with ornamental and flowering trees.
   B.   Trees planted close to detention or stormwater management facilities or to natural waterways and water bodies, should be selected in part for their ability to tolerate hydric soils and conditions. They should not, however, be located so as to interfere or conflict with public utilities, drainageways, or the natural flow of water.
   C.   Dangerous trees should be trimmed or removed by the owner of the property on which the tree grows, at said owner's expense.
   D.   Consistent with good forestry practices, trees installed to replace dead or dying trees that have been removed, should be of either an equivalent or superior quality of species. For example, a softwood tree may be replaced with a hardwood tree, but an inferior species should not be substituted for a superior species. (Ord. 11-O-67, 12-6-2011; amd. Ord. 17-O-81, 9-19-2017)
4.1A.6: DEAD, DYING, DISEASED AND INFESTED TREES:
   A.   Trees that are dead, dying, or diseased may be considered a safety hazard and declared to be a public nuisance. Remedial action, including tree removal, shall be the responsibility of the property owner and shall be at said property owner's expense.
   B.   Trees or parts thereof infested with or serving as breeding or harboring places for the emerald ash borer, gypsy moth, Asian longhorned beetle, or similar invasive species may be considered a nuisance tree.
   C.   The City shall have the right to require the removal of any dead, dying, diseased or infested tree on private property by said property owner when such tree constitutes a hazard to life and property, or when such tree harbors insects or disease which constitutes a potential threat to other trees in the City and is deemed to be a nuisance tree. The City shall notify the owner of such tree in writing of the need for its removal and the owner shall be responsible for removal and any costs incurred as a result. Removal shall occur no more than thirty (30) days after the date of said written notice. In the event removal does not occur or an extension of the time within which to remove the tree is not granted by the City Manager, the City shall have the right and authority, but not necessarily the obligation, to enter onto any lot or parcel of land to remove such tree and charge the cost of removal to the owner. (Ord. 11-O-67, 12-6-2011; amd. Ord. 17-O-81, 9-19-2017)
4.1A.7: CONSTRUCTION PRECAUTIONS:
During building and construction activity, reasonable measures should be taken to prevent damage to or destruction of existing trees. Such measures shall include, but are not limited to, the following:
   A.   Construction activity and/or placement of equipment or material or spoils storage should not occur within the drip line of any tree shown on the approved site engineering, landscape or tree preservation plan approved by the City. No excess soil, additional fill, liquids, or construction debris should be placed within the drip line of an existing tree. Exceptions may occur if absolutely necessary due to the physical constraints of the lot.
   B.   Protective fencing, visual warning markings, or similar measures should be temporarily installed around the drip line of an existing tree during building and construction activity. Examples of such measures include wooden slat snow fencing, orange PVC construction fencing, or yellow caution tape.
   C.   No attachments, fences, or wires, other than those approved for bracing, guying, wrapping, or other protective purposes should be attached to existing trees during the construction period.
   D.   Other measures such as mulching, root or crown pruning, construction pruning, trunk wrapping, directional boring, and fertilization, may be used in order to protect existing trees.
   E.   Unless otherwise shown on a site engineering, landscape or tree preservation plan approved by the City, no soil, additional fill, liquids, or construction debris should be added to or removed from the drip line of an existing tree. (Ord. 11-O-67, 12-6-2011; amd. Ord. 17-O-81, 9-19-2017)
4.1A.8: ADMINISTRATION AND APPEALS:
   A.   These regulations shall be enforced by the City Manager or the City Manager's designee.
   B.   A City Tree Committee comprised of the Mayor, City Manager, Deputy City Manager, and City Forester, or their representatives, is hereby established and shall be responsible for hearing appeals to the provisions of these regulations as provided for herein.
   C.   Any property owner in the City, who disagrees with or disputes the provisions, regulations, standards, and guidelines set forth herein, may appeal to the City Tree Committee for relief. Such appeal shall be in writing and heard by the City Tree Committee which, upon reviewing an appeal and making such investigation as is appropriate, shall render a decision on the appeal.
   D.   Any property owner in the City who disagrees with or disputes the decision of the City Tree Committee on an appeal shall always have the right of final appeal to the City Council. Such appeal shall be in writing and heard by the City Council which, upon reviewing an appeal and making such investigation as is appropriate, shall render a final decision. (Ord. 11-O-67, 12-6-2011; amd. Ord. 17-O-81, 9-19-2017)

 

Notes

1
1. See also section 6.1A.10 of this Code.