[1983 Code]
Whatever is dangerous to human health, or renders ground, water,
air or food dangerous or injurious to human health, and the following
specific acts, conditions and things, each and all of them, are hereby
declared to constitute nuisances.
A. General Nuisances. In all cases where no provision is made defining
what are nuisances and how the same may be removed, abated or prevented,
in addition to what may be declared such herein, those offenses which
are known to be nuisances under the common law of the land, the Statutes
of Illinois and other ordinances of this Village may, in case the
same exists within the Village limits, be treated as such, and proceeded
against as provided in this chapter.
B. Offensive Deposits.
1. The deposit or accumulation of any foul, decaying or putrescent substance,
or other offensive matter, in or upon any private or public place.
2. The storage of any foul, decaying or putrescent matter, in liquid
or solid form, in any vault, cesspool or other receptacle.
3. The overflow of any foul liquid or the escape of any gases to such
an extent that the same shall become or be likely to become hazardous
to health or shall by reason of offensive odors, become a source of
discomfort to persons living in or passing by the vicinity thereof.
4. 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, to the prejudice of others.
C. Water Pollution, Accumulation.
1. To throw or deposit any offal or other offensive matter, or the carcass
of any dead animal in any watercourse, lake, pond, spring, well or
common sewer or public place.
2. To corrupt or render unwholesome or impure the water of any spring,
river, stream, pond or lake to the injury or prejudice of others.
3. The accumulation of water in which mosquito larvae may breed.
D. Buildings.
1. To erect, 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 to the public.
2. A building or a portion of a building occupied as a dwelling which
is not lighted and ventilated by means of, at least, one window in
each room, said room opening to the outer air.
3. A building or dwelling unit in said building which is not provided
with a plentiful supply of pure water.
4. A building or dwelling unit in said building which is not provided
with at least one water closet.
5. A building or dwelling unit in said building which is not provided
with one sink for each family, sink to be connected to the sewerage
system or a properly constructed cesspool if no sewer main is available.
E. Public Ways, Obstructions. To obstruct or encroach upon public highways,
private ways, streets, alleys, commons, landing places and ways to
burying places.
F. Advertising. To advertise wares or occupation by painting notices
of the same on, or affixing them to fences or other private property,
or on rocks or other natural objects, without the consent of the owner,
or if in the highway or other public place, without permission of
the corporate authorities.
G. Spitting. It shall be unlawful to spit or expectorate in or on any
public place, or in or on the premises of any store, theater, hall,
public vehicle or other place frequented by the public or to which
the public is invited.
H. Landfill. It shall be unlawful to fill any lot, parcel or piece of
property with garbage. Property which is filled with stones, concrete
or other similar material excluding soil, shall be leveled and covered
with a minimum of three inches of soil. This provision shall not apply
to the Village garbage dump.
[1983 Code]
It shall be unlawful for any person to permit, or maintain the
existence of any nuisance in fact on any property under the control
of said person, whether such nuisance is specifically recognized by
this chapter or not.
[5-3-1988]
If any person is found guilty of the violation of one or more
of the above-described unlawful acts, that person shall be fined not
less than $100 and not more than $500 for each and every violation.
[7-21-1997]
COSTS
All expenses incurred by the Thornton Fire Department or
any other public agency assisting the Thornton Fire Department as
a result of any removal or remedial action.
EMERGENCY RESPONSE AGENCY
A unit of local government or volunteer fire protection organization
that provide:
B.
Emergency rescue services;
C.
Emergency medical services;
D.
Hazardous materials response teams;
E.
Emergency service and disaster agency/civil defense;
F.
Public works departments and/or maintenance departments.
FACILITY
Any building, structure, installation, equipment, pipe or
pipeline including but not limited to any pipe into a sewer or publicly
owned treatment works, well, pond, lagoon, impoundment, ditch, landfill,
storage container, tank, motor vehicle, truck trailer, rolling stock
or aircraft. Also, any site or area where a hazardous material has
been deposited, stored, disposed of, or otherwise managed.
HAZARDOUS MATERIALS OR SUBSTANCES
Any material, substance or mixture of materials or substances
which are toxic, flammable, corrosive, explosive, carcinogenic or
radioactive including but not limited to, any substance or material
which is designated as a hazardous material pursuant to the "Hazardous
Material Transportation Act" (49 U.S.C. § 1801 et seq.)
in a quantity and form which may pose a substantial present or potential
hazard to human health, property or the environment when improperly
released, treated, stored, transported, disposed of, or otherwise
managed.
MUTUAL AID
Any action taken by the Thornton Fire Department or any public
agency pursuant to an intergovernmental agreement, including but not
limited to any agreement that is part of the Mutual Aid Box Alarm
System ("MABAS").
RELEASE
Any spilling, leaking, pumping, pouring, emitting, escaping,
discharging, injecting, leaching, dumping, or disposing of a hazardous
material into or on any land, air, water, well, stream, sewer or pipe
so that such hazardous material or any constituent thereof may enter
the environment.
REMEDIAL ACTION
Any action consistent with permanent, remedy taken instead
of, or in addition to removal actions in the event of a release or
threatened release of a hazardous material into the environment, to
prevent or minimize the release of a hazardous materials so that they
do not migrate to cause a substantial present or potential hazard
to human health, property or the environment. The term includes but
is not limited to, such actions at the location of release as storage,
confinement, perimeter protection using dikes, trenches, or ditches,
clay cover, neutralization, cleanup of released hazardous materials
or contaminated materials, recycling or reuse, diversion, destruction,
segregation or reactive wastes, repair or replacement of leaking containers,
collection of leachate and runoff, on-site treatment or incineration,
provision of alternate water supplies, and any monitoring reasonably
required to assure that such actions protect the public health and
welfare and the environment.
REMOVAL
The cleanup or removal of released hazardous materials from
the environment, such actions as may be necessary or appropriate to
monitor, assess, and evaluate the release or threat of release of
hazardous materials, the disposal of removed material, or the taking
of such action as may be necessary to prevent, minimize or mitigate
damage to the public health or welfare of the environment.
RESPONSE
Any removal or remedial action.
RESPONSIBLE PARTY
Any person, company, firm, corporation, business, partnership,
an unincorporated association, association, estate, trust, joint venture
or legal entity or their legal representative, agent or assign. Also
any unit of federal, state or local government.
[7-21-1997]
No person shall cause, threaten or allow the release of hazardous
materials into the environment unless such release is in accordance
with an appropriate permit granted by the Illinois Environmental Protection
Agency or other state or federal agency having primary jurisdiction
over the release and such release is in such place and manner as will
not create a substantial present or potential hazard to human health,
property or the environment.
[7-21-1997]
There shall be no liability under §
6-1B-4 hereof for a person otherwise liable who can establish that the release or substantial threat of release of a hazardous material and the damages resulting in accordance with any of the permitted defenses enumerated in 415 ILCS 5/22.2.