[1975 Code § 12.01]
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City.
[1975 Code § 12.02]
A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:
A. 
Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.
B. 
In any way render the public insecure in life or in the use of property.
C. 
Greatly offend the public morals or decency.
D. 
Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way.
[1975 Code § 12.02; amended by 2003 Code]
The following acts, omissions, places, conditions and things are specifically declared to be public health nuisances but shall not be construed to exclude other health nuisances coming within the definition of Section 4-1-2 of this chapter:
A. 
Unwholesome Food Or Beverage: All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
B. 
Animal Carcasses: Carcasses of animals, birds or fowl not buried or otherwise disposed of in a sanitary manner within 24 hours after death.
C. 
Garbage And Refuse Accumulations[1]: Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material in which flies, mosquitoes, disease carrying insects, rats or other vermin may breed, or which constitute a fire hazard.
[1]
Editor's Note: See also Section 4-2-1 of this title.
D. 
Stagnant Water: All stagnant water in which mosquitoes, flies or other insects can multiply.
E. 
Open Refuse Containers[2]: Refuse containers which are not flytight.
[2]
Editor's Note: See also Subsection 4-2-2-5A of this title.
F. 
Air Pollution[3]:
1. 
The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the City limits in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property.
2. 
Any use of property, substances or things within the City emitting or causing any foul, offensive, noisome, nauseous, noxious, or disagreeable odors, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the City.
[3]
Editor's Note: See also Section 5-2-8 of this Code.
G. 
Water Pollution[4]: The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other substances.
[4]
Editor's Note: See also Section 5-2-8 of this Code.
H. 
Animal Houses: Any barn, stable, yard, shed, pen or other place where animals or fowl are kept which is not maintained in a clean condition; or any animals or fowl which, because of disease, unsanitary conditions, manure, odor or noise, or discomfort, injure the health or well being of residents of the City.
[Amended 2-20-2023 by Ord. No. 23-02-03-51]
I. 
Abandoned Wells[5] And Cisterns: All abandoned wells or cisterns not securely covered or secured from public use.
[5]
Editor's Note: See also Subsection 4-1-5H of this chapter.
J. 
Noxious Weeds[6]: All noxious weeds as defined by 505 Illinois Compiled Statutes 5/1 et seq.
[6]
Editor's Note: See also Chapter 4-3 of this title.
[1975 Code § 12.02; amended by Ord. 09-12-02-70, 12-7-2009; Ord. 12-08-05-50, 8-20-2012]
The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of Section 4-1-2 of this chapter:
A. 
Disorderly Houses; Houses Of III Fame[1]: All disorderly houses, bawdyhouses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling.
[1]
Editor's Note: See also Section 5-2-9 of this Code.
B. 
Gambling Devices: All gambling devices and slot machines. Notwithstanding, video gaming terminals may be operated in accordance with the video gaming act, 230 Illinois Compiled Statutes 40/1 et seq., and the regulations of the Illinois gaming board promulgated thereunder, at licensed establishments, and nothing in this chapter shall be construed to prohibit video gaming terminals operated at licensed establishments in accordance with the video gaming act.
C. 
Unlicensed Liquor Sales: All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by this Code.
D. 
Unlawful Liquor Consumption: Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the state or the ordinances of the City.
E. 
Violation Of City Or State Laws: Any place or premises within the City where City ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.
F. 
Public Indecency:
1. 
Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:
a. 
An act of sexual intercourse; or
b. 
An act of deviate sexual intercourse; or
c. 
A lewd exposure of the body done with intent to arouse or to satisfy sexual desire of any person; or
d. 
A lewd fondling or caress of the body of another person; or
e. 
Expose genitals, anus or female breasts (except breast feeding infants); or
f. 
Engage in sexual conduct or masturbation; or
g. 
Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.
[1975 Code § 12.02; amended by 2003 Code]
The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of Section 4-1-2 of this chapter:
A. 
Unlawful Construction Within Fire Limits: All buildings erected, repaired or altered within the fire limits of the City[1] in violation of the provisions of the ordinances of the City relating to materials and manner of construction of buildings and structures within said district.
[1]
Editor's Note: See Subsection 9-1-6E of this Code.
B. 
Dangerous Buildings[2]: All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.
[2]
Editor's Note: See also Section 9-1-6 of this Code.
C. 
Unauthorized Traffic Control Devices: All unauthorized signs, signals, markings or devices which purport to be or may be mistaken as official traffic control devices placed or maintained upon or in view of any public highway or railway crossing.
D. 
Obstructions To Driver's View: All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.
E. 
Limbs Over Public Ways[3]: All limbs of trees which project over a public sidewalk less than eight feet above the surface thereof or less than 10 feet above the surface of a public street.
[3]
Editor's Note: See also Subsection 7-3-2A1 of this Code.
F. 
Utility Wires Over Public Ways[4]: All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface of the street or ground.
[4]
Editor's Note: See also Subsection 7-1-4A of this Code.
G. 
Obstructions Of Public Ways; Excavations: All obstructions of streets, alleys, sidewalks or crosswalks[5] and all excavations in or under the same, except as permitted by the ordinances of the City[6] or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable length of time after the purpose thereof has been accomplished.
[5]
Editor's Note: See also Section 7-1-2 of this Code.
[6]
Editor's Note: See Title 7, Chapter 7-2, of this Code.
H. 
Unguarded Pits, Wells And Excavations: All open and unguarded pits, wells,[7] excavations or unused basements freely accessible from any public street, alley or sidewalk.
[7]
Editor's Note: See also Subsection 4-1-31 of this chapter.
I. 
Crowds Obstructing Public Ways: Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
J. 
Fire Hazards; Interfering With Fire Extinguishing: Any structure, material or condition which constitutes a fire hazard or will impair extinguishing a fire.
K. 
Illegal Use Or Display Of Fireworks[8]: Any use or display of fireworks except as provided by the laws of the state and ordinances of the City.
[8]
Editor's Note: See Section 5-2-3 of this Code.
L. 
Noises[9] And Vibrations: All loud and discordant noises or vibrations of any kind.
[9]
Editor's Note: See also Section 5-2-6 of this Code.
M. 
Abandoned Refrigerators: All abandoned refrigerators, iceboxes, ice chests, or other containers which have airtight doors or locks which may not be released for opening from the inside of said refrigerators, iceboxes, ice chests or containers of a capacity of 1 1/2 cubic feet or more.
N. 
Junk Accumulations[10]: No person owning, leasing, occupying or having charge of any premises within the City limits shall cause or allow the accumulation or storage on or about said premises within the City of trash, junk, any partially dismantled motor vehicle, wrecked motor vehicle, any unlicensed or unregistered motor vehicle which, under the laws of the state would be required to be licensed or registered in order to be operated on public highways within the state,[11] discarded appliances, used machinery, nonfunctional equipment, refuse, discarded furniture, rubble or other similar items, materials, or substances, whether on public or private property, for a period in excess of 15 days unless the same shall be stored within a fully enclosed, suitable building provided for that purpose, or unless the premises are properly licensed as a junkyard[12] or other proper repository for the items stored or accumulated on the subject premises. This subsection does not apply to demolition derby vehicles permitted and registered with the City pursuant to Section 4-6-3 of this title.
[Amended by Ord. 16-06-04-70, 6-20-2016]
[10]
Editor's Note: See also Chapters 4-5, 4-6, 4-7 and 4-8 of this title.
[11]
Editor's Note: See also Subsection 6-3-2B of this Code.
[12]
Editor's Note: See Title 3, Chapter 3-7, of this Code.
O. 
State Law Nuisances: Any nuisance described in the Illinois Compiled Statutes.
[1975 Code § 12.03, amended by Ord. 185, 7-18-1983; Ord. 435, 5-18-1992; 2003 Code; Ord. 06-09-04-50, 9-18-2006]
A. 
Inspections: Whenever a complaint is made that a public nuisance exists, or has existed, within the City, the City Administrator, Police Chief, code compliance officer, or some other City official whom the City Administrator shall designate shall forthwith inspect or cause to be inspected the premises and shall make a written report of his findings. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the office of the City Clerk.
B. 
Abatement Of Certain Nuisances: Abatement of grass, weeds or other growth; garbage, rubbish, ashes, bulky wastes, brush, construction and demolition wastes and other wastes; or any nuisance affecting the public health, safety or peace, shall be as follows:
1. 
Notice To Abate: It shall be the duty of the code compliance officer, upon receipt of the report of findings of the inspector of the premises as required in Subsection A of this section to cause a notice to be served, either by certified mail, or in person, upon the owner or occupant of any tract of real estate within the City, when such tract is determined to have upon it a nuisance as described previously, to abate said nuisance within seven days of the date of its receipt. If no owner or occupant may be found after due and diligent inquiry as to the whereabouts of the owner or occupant of such tract, then the code compliance officer shall cause a notice to be published in a newspaper published in the City or if no newspaper is published there, then in a newspaper of general circulation in the City notifying all owners, occupants or other persons interested in any tract of real estate within the City of the nuisance to be determined to be upon the tract, and of the demand to abate same.
2. 
Abatement By City: If any owner or occupant of land within the City fails to abate any nuisance from such land within seven days after the date of receipt of such notice and demand to abate, the City may proceed to abate such nuisance on any private tract of real estate within the City, keeping an account of the expense of the abatement as to each particular lot or tract, and such expense shall be charged and paid by such owner or occupant.
3. 
Fees And Costs: If, after giving notice as required in Subsection B1 of this section, a condition described in the notice remains, the City may remove or cause the removal of the conditions, keeping a record of the costs incurred. The City shall charge a $25 fee to cover a portion of the administrative costs incurred. If such conditions remain and are removed from more than one lot within the City, and said lots are owned by the same person, then the City shall charge a $25 fee for the first lot and a $10 fee for each additional lot.
4. 
Lien Provisions: The City may charge the owner with the costs so incurred, and such costs shall be a lien upon the premises. If the costs or expenses remain unpaid, the City may file a notice of lien in the office of the county recorder of deeds. Such notice shall consist of a sworn statement setting out the following: a) a description of the real estate, sufficient for identification; b) the amount of money representing the costs and expenses incurred or payable for the service, and for the administrative fee as previously provided; and c) the date when such costs or expenses were incurred by the City. This lien shall be superior to all other liens except taxes; provided, however, it shall not be valid as to any purchaser whose right in and to such real estate has arisen subsequent to the date on which such costs were incurred and prior to the filing of such notice, and a lien of the City shall not be valid as to any mortgages, judgment creditors or other lienors whose rights in and to such real estate arise prior to the filing of such notice. Upon payment of the costs and expenses by the owner or any other person interested in such property, after the notice of lien has been filed, the lien shall be released by the City, and the release may be filed of record as in the case of filing the notice of lien. The lien may be enforced by proceeding to foreclosure, as provided by law. All fees associated with the lien and the lien release filing will be added to the lien at the time of filing.
C. 
Abatement Of Other Nuisances: Abatement of any other nuisance than as set forth in Subsection B of this section shall be as follows:
1. 
Notice To Abate: If the inspecting officer shall determine that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals or decency, the City Administrator may direct the Police Chief, or any other City police official, to serve a notice on the owner or, if the owner cannot be found, on the occupant or person causing, permitting or maintaining such nuisance and to post a copy of the notice on the premises. Such notice shall direct the owner, occupant or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within 24 hours and shall state that unless such nuisance is so abated, the City will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the same, as the case may be.
2. 
Abatement By City: If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the City Administrator, Police Chief or the code compliance officer, or some other City official whom the City Administrator shall designate, shall cause the abatement or removal of such public nuisance.
D. 
Abatement By Court Action: If the inspecting officer shall determine that a public nuisance exists on private premises, but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, welfare, peace, morals or decency, he shall file a written report of his findings with the City Administrator, who shall cause an action to abate such nuisance to be commenced in the name of the City, unless the nuisance involves an inoperable motor vehicle, parts of vehicles, unlicensed or unregistered motor vehicles, abandoned motor vehicles, discarded appliances, used machinery, junk, discarded furniture, refuse or other similar items and substances, in which event, the nuisance may be abated by court action.
[1975 Code § 12.04]
In addition to any other penalty imposed for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the City shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as other special taxes.