A.
No person shall loiter, loaf, wander, stand, or remain idle either
alone or in consort with others in a public place in any manner so
as to:
(1)
Obstruct any public street, public highway, public sidewalk,
or any other public place or building by hindering or impeding or
tending to hinder or impede the free and uninterrupted passage of
vehicles, traffic, or pedestrians.
(2)
Commit in or upon any public street, public highway, public
sidewalk, or any other public place or building any act or thing which
is an obstruction or interference to the free and uninterrupted use
of property or with any business lawfully conducted by anyone in or
upon the facing or fronting on any public street, public highway,
public sidewalk, or any other public place or building, all of which
prevents the free and uninterrupted ingress, egress, and regress therein,
thereon, and thereto.
B.
When any person causes or commits any of the conditions enumerated in Subsection A, a police officer or any law enforcement officer shall order that person to stop causing or committing those conditions and to move on or disperse. Any person who fails or refuses to obey those orders shall be guilty of a violation of this section.
A person commits disorderly conduct when the person knowingly
does any of the following acts in an unreasonable manner so as to
provoke, make, or aid in making a breach of the peace:
A.
Any person who shall act in a violent or tumultuous manner toward
another so that any person is placed in fear of safety of his or her
life, limb, or health;
B.
Any person who shall cause, provoke, or engage in any fight, brawl,
or riotous conduct so as to endanger the life, limb, health, or property
of another;
C.
Any person who by acts of violence interferes with another's pursuit
of a lawful occupation;
D.
Any person who damages, befouls, or disturbs public property or property
of another so as to create a hazardous, unhealthy, or physically offensive
condition;
E.
Any person who fails to obey a lawful order of dispersal by a person
known by the person to be a peace officer under circumstances where
persons are committing acts of disorderly conduct in the immediate
vicinity, which acts are likely to cause substantial harm or serious
inconvenience, annoyance, or alarm;
F.
Any person who commits any act in an unreasonable manner so as to
alarm or disturb another person and provoke a breach of the peace;
G.
Any person who, with intent to annoy, abuse, torment, harass, or
embarrass another person, makes a telephone call, whether or not a
conversation ensues;
H.
Any person who transmits, in any manner, to a fire department serving
the Village or fire protection district, a false alarm of fire, knowing
at the time of the transmission that there is no reasonable ground
for believing that a fire exists;
I.
Any person who transmits, in any manner, to any peace officer, public
officer, or public employee, a report to the effect that an offense
has been committed, knowing at the time of the transmission that there
is no reasonable ground for believing that an offense had been committed;
J.
Any person who enters upon the property of another person and for
a lewd or unlawful purpose deliberately looks into a dwelling on the
property through any window or other opening in it.
A person who causes bodily harm to, or endangers the bodily
safety of, an individual by any means commits reckless conduct if
that person performs recklessly the acts which cause the harm or endanger
safety, whether they otherwise are lawful or unlawful.
No person in an intoxicated condition shall be on or in any
street, alley, or other place open to the public.
No person shall, in the presence or hearing of another person,
curse or abuse that person or use obscene or indecent language to
that person concerning himself or herself under circumstances reasonably
calculated to provoke a breach of the peace in any street, alley,
or in any other place open to the public in the Village.
A.
No person shall attempt or commit assault on or in any street, alley,
or other place open to the public in the Village. A person commits
an assault when, without lawful authority, he or she engages in conduct
which places another in reasonable apprehension of receiving a battery.
B.
No person shall attempt or commit battery on or in any street, alley,
or other place open to the public in the Village. A person commits
a battery if he or she intentionally or knowingly, without legal justification
and by any means, causes bodily harm to an individual or makes physical
contact of an insulting or provoking nature with an individual.
C.
No person shall engage in fighting on or in any street, alley, or
other place open to the public in the Village.
No person shall obtain possession of any goods, property, or
thing of value by any false proceedings or by cheating or by fraud
of any kind.
A.
No person shall cause or participate in a riotous, turbulent, disorderly,
or noisy assemblage of persons in the streets or other public places
within the Village.
B.
It shall be unlawful for the owner of any real property within the
Village knowingly to authorize, permit, or enable such property to
be used for a gathering of two or more persons where any one or more
of the persons is a minor and any of the following factors apply:
C.
It shall be unlawful for the owner of any real property within the Village to knowingly cause, permit, host, authorize, enable, suffer, or condone any assemblage of minors or other persons at such property which endangers the peace and safety of residents of the Village or violates Subsection B of this section.
(1)
Acts which are hereby declared to endanger the peace and safety
of the residents of the Village shall include, but are not limited
to, the following:
(a)
Possession and consumption of alcoholic beverages by minors,
intoxicated persons, and others prohibited by Village ordinance and/or
Illinois statute from possession or consumption of alcoholic beverages.
(b)
Use or clear evidence of use of cannabis or other controlled
substances prohibited by federal, state, or local law.
(c)
Illegal use of fireworks as provided under Illinois law, including
without limitation 425 ILCS 35/1.
(d)
Noise in violation of § 141-118, including, but not limited to, music, loud, raucous yelling, shouting, and obscene or abusive language.
(e)
Fighting, battery, assaults, or threats or the throwing of objects
capable of causing physical injury or property damage.
(f)
Depositing of trash, garbage, or hazardous material upon public
or private property, except trash or garbage other than household
hazardous waste that is deposited in a proper receptacle approved
for the disposal of trash.
(g)
Trespass of person or parked vehicles by minors or other persons
attending an assemblage upon private property.
(2)
The owner of real property on which any of the aforementioned activities take place shall be presumed, in the absence of evidence to the contrary, to have violated this Subsection C by failing to exercise proper responsibility for those committing any of those acts set forth in Subsection C(1) and the minors or other persons shall be deemed to have committed the acts with the knowledge and permission of the owner, in violation of this section.
(3)
Upon being given notice by any member of the Police Department of the existence of any of the activities set forth in § 141-108, an owner shall immediately act to terminate the assemblage. Failure to do so shall constitute a further violation of this section.
(4)
MINOR
OWNER
As used in this section, unless the context otherwise requires,
the terms specified below shall have the meanings ascribed to them:
A person who is above the age of 11 years, but not yet 21
years of age.
A person either holding title to, leasing, residing in or
in any way having a possessory interest in real property within the
Village.
No person shall hunt or engage in killing any animal other than
as prescribed by law or ordinance in the Village.
No person shall store or permit to be stored any combustible
refuse in any way that creates a fire hazard, or store or throw any
refuse of any kind on any street, alley, or other public place.
A.
Permit required for open burning on public property. Any governmental body, or any individual on behalf of a governmental body, seeking to perform open burning activities on public property shall obtain an open burning permit in accordance with the provisions of the International Fire Code adopted by the Village as set forth in Chapter 109, Article V, of the Village Code, as amended from time to time. In addition, any permit for open burning on public property shall be conditioned upon compliance with regulations contained in the International Fire Code and subject to any terms and conditions imposed by the Village.
[Amended 5-22-2017 by Ord. No. 2017-12]
B.
Notification required for open burning on private property. Unless otherwise excepted under Subsection C, written notice shall be required for all open burning on private property. The written notice must be filed at the Village Hall during regular business hours prior to any open burning on private property. The written notice shall include, at a minimum, the name, address, and telephone number for the owner of the property at which the open burning is to take place and the date that the open burning is to take place. In addition, all open burning on private property shall be subject to the following restrictions:
C.
Exceptions. Notwithstanding the permit requirement contained in Subsection A, open burning shall be allowed without a permit in the following circumstances:
(1)
A fire maintained in an indoor fireplace.
(2)
A fire maintained outdoors in a fully or partially enclosed
device designed and intended for conducting and controlling fires,
such as a barbecue unit, fireplace, or hearth; provided that:
(3)
A recreational fire; provided that (a) a competent person 21
years or older is present at all times during the burning of the fire;
(b) the fire is located at least 25 feet from all adjoining property
lines; and (c) the fire is commenced after dawn and extinguished by
11:59 p.m. on any day. For the purposes of this section, a "recreational
fire" shall be defined as an outdoor fire no greater than three feet
in diameter and utilized to cook food for human consumption.
[Amended 5-22-2017 by Ord. No. 2017-12]
No person shall disrupt or disturb any lawful assemblage or
gathering in the Village by disorderly or violent conduct.
A.
Any scaffolds or ladders placed in a position so that they overhang
or can fall onto any public street, alley, or other public place or
way in the Village shall be firmly and properly constructed and safeguarded.
B.
No person shall place or leave any tools or articles on any place
in a manner so that the tools or articles can fall onto any street,
sidewalk, or other public way from a height greater than four feet.
No person shall climb upon any telegraph pole, telephone pole,
electric light pole, or sign pole (unless in the performance of his
or her duties).
No person shall place any movable article on any window ledge
or other place abutting on a public street, alley, or other public
place at a height above four feet from the ground, in such a manner
that the article can be or is in danger of falling onto the street,
sidewalk, or other public place.
No person shall obstruct or permit the obstruction of any stairway,
aisle, corridor, or exit in any office building, factory, hotel, school,
church, theater, assembly hall, lodge, or other public hall, or any
building used by two or more tenants or families, in a manner so as
to interfere with the free use of that stairway, aisle, corridor,
or exit.
No person shall abandon or discard in any place accessible to
children any refrigerator, icebox, or ice chest of a capacity of 1 1/2
cubic feet or more that has an attached lid or door which may be opened
or fastened shut by means of an attached latch, nor shall any person,
being the owner, lessee or manager of the place, knowingly permit
an abandoned or discarded refrigerator, icebox, or ice chest to remain
there in that condition.
A.
No person shall make, continue, or cause to be made or continued
any loud, raucous, or jarring noise that either annoys, disturbs,
injures, or endangers the comfort, repose, convenience, health, peace,
or safety of persons within the area of audibility.
B.
The following acts, among others, are hereby declared to be loud,
raucous, or jarring noises and a nuisance in violation of this section:
(1)
Horns, signaling devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle, or other vehicle on any street
or public place of the Village, except as a danger warning; the creation
by means of any signaling device of any unreasonably loud and raucous
sound; the sounding of any device for an unnecessary and unreasonable
period of time; the use of any horn, whistle, or other device operated
by engine exhaust; and the use of any signaling device where traffic
is for any reason held up.
(2)
Radios, phonographs, etc. The playing, using, operating, or
permitting to be played, used, or operated of any radio receiving
set, musical instrument, phonograph, television receiving set, or
other machine or device for the producing or reproducing of sound
in a manner that disturbs the peace, quiet, and comfort of the neighboring
inhabitants, or with louder volume than is necessary for the convenient
hearing of the person or persons who are in the room, chamber, vehicle,
or outdoor area, within the Village limits, in which or where the
machine or device is played, used, or operated and who are voluntary
listeners thereto. The operation of any set, instrument, phonograph,
machine, or device between the hours of 11:00 p.m. and 7:00 a.m. in
a manner as to be plainly audible at a distance of 50 feet from the
location of the set, instrument, or device shall be prima facie evidence
of a violation of this section.
(3)
Loud speakers, amplifiers for advertising, etc. The playing,
using, operating, or permitting to be played, used, or operated of
any radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier, or other machine or device for the producing or reproducing
of sound which is cast upon the public streets of the Village for
the purpose of commercial advertising or of attracting the attention
of the public to any building or structure, except when a permit has
been first issued by the Village Manager.
(4)
Yelling, shouting, etc. Yelling, shouting, hooting, whistling,
or singing on the public streets of the Village, particularly between
the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as
to annoy or disturb the peace, quiet, comfort, or repose of persons
in any office, or in any dwelling, hotel, or other type of residence,
or of persons in the vicinity, within the limits of the Village.
(5)
Animals, birds, etc. The keeping of any animal or bird shut
up or tied up in any yard, enclosure, stable, house, or other place
within the Village which, by barking, howling, crying, singing, or
causing frequent or long-continued loud and raucous noise, disturbs
the comfort or repose of persons in the vicinity.
(6)
Steam whistles. The blowing within the limits of the Village
of any steam whistle attached to any stationary boiler, except to
give notice during weekdays of the time to begin or stop work; as
a warning of fire, danger, or other emergency; or upon request of
proper Village authorities.
(7)
Engine exhausts. The discharge into the open air within the
Village of exhaust of any steam engine, gasoline engine, stationary
internal combustion engine, or other engine, or other kind or type
of engine, motor boat, or motor vehicle, except through a muffler
or other device that effectively prevents loud, raucous, or explosive
noises.
(8)
Defect in vehicle or load. The use within the Village of any
wagon, cart, automobile, truck, motorcycle, or other vehicle so out
of repair or loaded in a manner or with material of a nature so as
to create loud and raucous grating, grinding, rattling, or other noises.
(9)
Loading, unloading, opening boxes, etc. The creation within
the Village of loud and raucous noise in connection with the loading
or unloading of any vehicle, or the opening or destruction of bales,
boxes, crates, containers, or similar items, without exercising reasonable
care to limit and confine the noise.
(10)
Construction, repairing, etc., of buildings and streets.
(a)
Any activity in the construction of any building or structure
(including excavating, demolition, alteration, or repair), or the
laying of pavement, including but not limited to the making of an
excavation, clearing of surface land, and loading or unloading of
material, equipment, or supplies, anywhere in the Village except between
the hours of 7:30 a.m. and 5:30 p.m. on Mondays through Fridays; provided
that this subsection shall not be construed to apply to any person
doing work on premises owned by that person and not for compensation.
(b)
No person shall engage in any such work or activity on a Saturday
or Sunday unless a permit for the work has first been issued. Application
for permits shall be made in writing to the Village Manager, and shall
state the name and business address of the applicant, the location
of the proposed work, and the reason for seeking a permit to do work
on a Saturday or Sunday, as well as the estimated time of the proposed
operations. No special permit shall be issued except where the public
welfare will be enhanced by its issuance, or will be harmed by failure
to perform the work at the times indicated.
(c)
Nothing in this subsection shall be construed to prevent any
work necessary to prevent injury to persons or property at any time.
(11)
Schools, courts, churches, and hospitals. The creation within
the Village of any loud and raucous noise in the vicinity of any school,
institution of learning, church, court, or hospital, while that institution
is in use, that unreasonably interferes with the workings of that
institution, or that disturbs or unduly annoys patients in the hospital,
provided that conspicuous signs are displayed in the vicinity of any
institution indicating that it is a school, hospital, court, or church.
(12)
Hawkers, peddlers, vendors, etc. The shouting and crying within
the Village of peddlers, hawkers, and vendors that disturbs the peace
and quiet of the neighborhood.
(13)
Drums, etc. The use within the Village of any drum or other
instrument or device for the purpose of attracting attention by the
creation of noise to any place of business or entertainment or place
of public assembly.
(14)
Factories, machinery, etc. The operation within the Village
of any factory within 200 feet of any residence that uses machinery
or other apparatus that causes loud and raucous noises without exercising
reasonable care to limit and confine the noise.
(15)
Pile drivers, hammers, etc. The operation within the Village
between the hours of 5:30 p.m. and 7:30 a.m. on weekdays or on any
Saturday, Sunday, or holiday of any pile driver, steam shovel, pneumatic
hammer, derrick, steam, or electric hoist, or other appliance, the
use of which is attended by loud and raucous noise.
(16)
Blowers, etc. The operation within the Village of any noise-creating
blower or power fan or any internal combustion engine that causes
loud and raucous noises due to the explosion of operating gases or
fluids, unless the noise from the blower or fan is muffled and the
engine is equipped with a muffler device to deaden the noise.
(17)
Refrigerated vehicles, etc. The operation within the Village
of any refrigerated vehicle for the purpose of commercial storage
is prohibited.
(18)
Miscellaneous. The operation of any machinery, apparatus, or
equipment, other than for recreational, household, lawn, or garden
use, between the hours of 7:00 p.m. and 7:30 a.m. on weekdays or on
any Saturday, Sunday, or holiday in, or within 200 feet of, any residential
district of the Village, wherein such operation can be heard beyond
the boundaries of the property on which the machinery, apparatus,
or equipment is being used.
(19)
Generator testing. The operation within the Village of a private
electric generator for routine testing and maintenance purposes more
frequently than one time per week, unless otherwise expressly approved
in writing by the Chief of Police of the Village for purposes of ensuring
the functionality of such generator.
No person shall:
A.
Resist any officer of the Police Department in the discharge of the
officer's duties;
B.
In any way obstruct, interfere with, hinder, or prevent an officer
of the Police Department from discharging the officer's duties, or
offer or endeavor to do so;
C.
In any manner assist any person in the custody of any member of the
Police Department to escape or attempt to escape from custody, or
attempt to rescue any person in custody.
No person, other than a member of the Police Department or one
authorized by the Chief of Police, shall use those badges and uniforms
prescribed for the use of the Police Department, or make use of the
whistles, calls, or other modes of signaling that are used by the
Police Department.
Any building, structure, or property that is illuminated in contravention of the exterior lighting restrictions contained in § 260-901D(10) of the Bannockburn Zoning Code is hereby declared a public nuisance.
A.
Tennis courts located in, or within 150 feet of, a residential district
and not fully enclosed in a building shall not be used between the
hours of 9:30 p.m. and 7:30 a.m. The use of these tennis courts other
than between the hours of 7:30 a.m. and 9:30 p.m. is hereby declared
a nuisance.
B.
No tennis court not illuminated as of July 11, 1988, shall thereafter
be illuminated, and no tennis court illuminated as of that date shall
thereafter be illuminated to any greater extent than the illumination
in place as of that date. No tennis court may be illuminated between
the hours of 9:30 p.m. and 7:30 a.m., and illumination of any tennis
court between the hours of 9:30 p.m. and 7:30 a.m. is hereby declared
a nuisance.
C.
No tennis court allowed to be illuminated pursuant to Subsection B shall be illuminated to a level exceeding 25 footcandles within the area bounded by the base and side lines of the court. The level of illumination of these tennis courts upon neighboring properties, at the lot line, shall not exceed one footcandle. The illumination of a tennis court at a level greater than that described herein is hereby declared a nuisance.
