[Ord. 2001-2, 2-5-2001, § 1]
It shall constitute a nuisance to commit any offense which is
in fact a nuisance or which is a nuisance according to the common
law, or which is made such by this Code, the Statutes of the State
or by any ordinance.
(a) PUBLIC NUISANCE — A thing, act, occupation or use of property
or premises or equipment, or structure of any kind which:
(1) Shall annoy, injure or endanger the safety, health, comfort or repose
of the public.
(2) Shall offend public decency.
(3) Shall unlawfully interfere with, obstruct or tend to obstruct or
render dangerous for passage, a public park, square, street, alley
or highway.
(4) Shall in any way render the public insecure in life or in the use
of property.
(b) PUBLIC NUISANCE AFFECTING HEALTH — A nuisance which is a thing,
act, occupation or use of property, premises, equipment or structure
affecting the health of five or more people, or the public, and shall
include.
(1) Any nuisance specifically declared to be such by any section of this
Code or other ordinance of the Village.
(2) Any act, omission of an act, occupation and use of property, equipment
or structure which is deemed by the Department of Health and Human
Services to be a menace to health of the inhabitants of the Village
or any considerable number thereof.
[1961 Code]
Whenever any declared public nuisance affecting health, or a
source of filth, or cause or probable cause of sickness shall be found
by the Commissioner of Health to exist on any private or public property
in violation of this Code, which violation injuriously affects or
may affect the health of the residents, the Commissioner of Health
shall have the power and authority to order in writing the owner or
occupant or user thereof, by appropriate action, at the expense of
such owner, occupant or user, to correct and remove such nuisance,
source of filth or cause or probable cause of sickness, within 24
hours or within such reasonable time as the Commissioner of Health
may order; provided, that it shall not be necessary in any case for
the Commissioner of Health to specify in such notice the manner in
which the nuisance shall be abated.
[1961 Code]
If the person referred to in the preceding section notified
accordingly shall refuse or neglect to comply with such order within
the time and in the manner specified, the Commissioner of Health shall
cause the summary abatement of such nuisance at the expense of the
party responsible for, or permitting the same, and they shall be subject
to the penalties provided for violations of the provisions of this
Code.
[1961 Code]
Whenever the owner, occupant, agent or person in possession,
charge or control of premises, in or upon which any nuisance may be
found, is unknown or cannot be found, the Commissioner of Health shall
proceed to abate such nuisance without notice.
In either case provided by the two preceding sections the expense
of such abatement shall be collected from the person who may have
created, continued or suffered such nuisance to exist.
[Ord. 2001-2, 2-5-2001, § 1]
The following are hereby declared to be nuisances affecting
health as well as and in addition to any other act, omission of act,
occupation or use of property or premises, equipment or structures
deemed to be a menace to the health of inhabitants of the Village
as declared in any other section of this Code:
(a) All diseased animals running at large.
(b) To obstruct any ravine or gutter, so as to cause water to stagnate
therein, or to permit foul or stagnant water to stand upon any premises
to the prejudice of others.
(c) Carcasses of animals, or any part thereof, not buried or destroyed
within 24 hours after death.
(d) To cause or suffer any animal or vegetable matter, slops, swill,
suds, garbage, filth, stable drippings or offal or noisome substance
of any kind to be collected, deposited or remain in any place in the
Village to the prejudice of others.
(e) To establish, maintain and carry on any offensive or unwholesome
business within the Village.
(f) The distribution of samples of medicines or drugs unless such samples
are placed in the hands of an adult person.
(g) All buildings, walls and other structures which have been damaged
by fire, decay or otherwise to an extent exceeding 1/2 their original
value, and which are so situated as to endanger the safety of the
public.
(h) All dangerous or insanitary, unguarded, unprotected machinery or
equipment in any public place, or situated or operated on private
property.
(i) All infestations of flies, fleas, roaches, lice, ticks, rats, mice,
fly maggots and mosquito larvae.
(j) To corrupt or render unwholesome or impure drinking water to the
injury or prejudice of others.
(k) To raise, breed or keep pigeons in the Village.
(l) To permit the growth upon any premises of any noxious plants to the
injury or prejudice of others.
(m) To permit or cause loose earth, ashes, lime, coal, dry sand or other
similar substances to be used on any property to the injury or prejudice
of others.
(n) To shake or beat out of any window, door or opening of any building
any mops, mat, carpet, rug, cloth, pillow, bed sheet, bedding or other
similar object, into any public way or into any place or building.
No usual or reasonable precaution shall be omitted by any person to
prevent fragments or other substances from falling, or dust and light
material from flying, into any public way or into any place or building.
(o) To construct or maintain any building or structure which is in an
insanitary, unsafe or dangerous condition, or to maintain or permit
any building or part thereof to be or remain in an insanitary condition
by reason of the basement or cellar being damp or wet or the floor
of such basement or cellar being covered with stagnant water, or by
reason of the presence of sewer gas, or which by reason of any other
insanitary, unsafe or dangerous condition endangers the health or
safety of any person.
The declaration of the above nuisances shall not be construed
to limit the power of the department of health and human services
to review any specific condition believed to be a nuisance by the
commissioner of health, and after each review to declare such condition
a nuisance whenever the facts presented by the commissioner are conclusive
that a nuisance within the meaning as defined in this chapter has
been or is being committed.
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It shall constitute a nuisance for any person to permit or cause
any fragments or other substances to fall, or dust or light material
to fly, into any public way or into any place or building. No usual
or reasonable precaution shall be omitted by any person to prevent
fragments or other substances from falling, or dust and light material
from flying into any public place or into any place or building.
It shall constitute a nuisance for any person to locate and
carry on, without having obtained permission of the President and
Board of Trustees to do so, any packinghouse or rendering plant within
the limits of the Village, or within the distance of one mile without
the limits of the Village.
It shall constitute a nuisance for any person to erect or maintain
any privy within the Village as near as 50 feet to any street, dwelling,
shop or well, unless the same is furnished with a substantial vault
six feet deep, and made tightly so that the contents cannot escape
therefrom, and sufficiently secured and enclosed.
It shall constitute a nuisance for any person to slaughter or
kill any cattle, hogs or sheep, or keep or maintain or use any house
or place in which the business of slaughtering any such animals may
be carried on, in the Village.
It shall constitute a nuisance for any person to expectorate
in or on any sidewalk, depot platform, or on the floor or wall of
any railway car or hall or other public building.
It shall constitute a nuisance for any person to cause or suffer
the carcass of any animal, or any animal or vegetable matter, slops,
swill, suds, garbage, filth, stable droppings or offal or noisome
substance of any kind to be collected, deposited or remain in any
place in the Village to the prejudice of others.
It shall constitute a nuisance for any person to deposit night
soil, dead animals or other filthy, offensive or noisome substance
upon any lot, street, alley, highway, park or other place.
It shall constitute a nuisance for any person to keep or suffer
to be kept in foul, offensive, nauseous or filthy condition, any stable,
cellar, vault, drain, pool, privy, sewer or sink, upon any railroad
car, building, yard, grounds and premises belonging to or occupied
by him.
[1961 Code]
It shall be a nuisance for any person within the limits of the
Village to conduct any business so negligently, or to use any premises
in such a manner as to create an offensive smell which may taint the
air and render it unwholesome or disagreeable to the neighborhood.
It shall also constitute a nuisance for any person 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 of the public.
[1961 Code]
It shall constitute a nuisance for any person to keep, harbor
or maintain, or permit to be kept, harbored or maintained, at any
place or in or upon any premises or part thereof in the Village any
bees or beehives.
[1961 Code]
It shall constitute a nuisance for any person to permit or cause
loose earth, ashes, lime, coal, dry sand or other substances which
may be scattered by the wind, to be exposed on any property used for
the storage of motor vehicles.
[1961 Code]
The maintenance or use of any boarding house or lodging house in violation of the provisions of Chapter
9 of this Code is hereby declared to be and shall constitute a nuisance.
[1943 Code § 602.15]
All dead grass, dry weeds or similar dangerous combustible material
remaining or lying upon any premises shall constitute and is hereby
declared to be a nuisance.
[Ord. 8-7-1961, § 1]
It shall be unlawful for any owner, lessor, lessee or party
in possession of any residential property within the Village, to operate
or permit the operation thereon, of any self-propelled vehicle, designed
exclusively for the purpose of carrying one or more persons, except
for the sole purpose of garaging or housing the vehicle thereon.
[Ord. 7-3-1978, § 1; Ord. 2017-36, 8-7-2017]
It shall be unlawful for any owner, lessor, lessee or party
in possession of any property within the Village, to maintain or use,
or permit the maintenance or use of any outdoor cooking grate, barbecue
grill, charcoal burner or similar device on any balcony, rooftop,
canopy or other surface elevated above ground level which abuts, overhangs
or is in close proximity to any sidewalk, street, alley or adjoining
structure or improvement.
Notwithstanding the foregoing, open-flame cooking devices shall be permitted in residential structures on balconies, if authorized pursuant to subsection
19-1(b)(4) of this Code.